1990 July Council Proceedings
374
VOCÚICIg. Nays-None. Absent-Council
Member Pratt.
Council Member Kluesner left Council
Chambers at 4:35 p.rn.
4:36 p.rn. Council recessed to conduct
intetViews for Zoning Ccmmission and Long
Range Planning Commission.
ZONING COMMISSION (NEWLY
CREATED COMMISSION)
Applicants: Clyde H. Bateman. Slephen F.
Hanlie. David S. 1IaI1ig. Jr.. Paul "Keith"
Shearer. Denis Faber. Jr., Carl HeathCOle.
Don Lochner. Thomas J. Manternaeh. Shaun
P. Kane. Dorothy Fitch-Bregman. Troy M. .
Budde. Council conducted intetViews with
above applicants.
6:36 p.rn. Council reconvened. Upon vote
it was resolved that Zoning Commission'
appoinb11ents be as follows: David Harûg.
Dorothy Fitch-Bregman. and Shaun P. Kane
for 3 year termS to expire 7-1-93; Don
Lochner and Carl Heathcote fer 2 year tennS
to expire 7-1-92; Slephen Hardie and Denis
Faber. Jr. for I year tennS to expire 7-1-9J.
6:41 Council ICCCssed to conduct inter-
views fer Long Range Planning Commission.
LONG RANGE PLANNING
COMMISSION (NEWLY CREATED
COMMISSION)
AtteSt: a~
~Clerk
Applicants: Clyde IL Bateman. Gail
Chavenelle. Carla T. Crahan. William M.
Gasper. James J. Klauer. Thomas F.
McMahon, Paula M. Stenlund, Harold
McCormick, James A. Miller. Jefftey P.
Mozena, Ruth Nash, Anna M. O'Shea, Usa
011, David W. Rusk, Denis Faber, h..
Donglas J. Horstmann.
10:21 p.rn. Council reconvened. Upon
vote it was resolved that Long Range
Planning Commission appoinnnents be as
follows: David Rusk and Jefftey Mozena for
3 year terms to expire 7-1-93; Carla Crahan
and Harold McCoonick fer 2 year tennS to
expire 7-1-92; Gail Chavenelle andJarnes A.
Miller for I year terms to expire 7-1-9J.
There being no forther bosiness. Council
Member Vnetherg moved that the meeliog
adjourn. Seconded by Council Member
Nicholsoo. Carried hy the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann. Nicholson, Voetherg.
Nays--None. Absent--Cooncil Members
Kluesoer, Pratt. Meeting adjourned at 10:36
p.rn.
Regular Session, July 2, 1990
375
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session. July 2, 1990.
Council met at 7:30 p.m.. Public Ubrary
Auditoriorn.
Present: Mayer Brady, Council Members
Deich. Heckmann. Nicholsoo. Pratt.
Voetherg, City Manager W. Kenneth
Gearhart, Corporation Counsel Barty A.
Undahl.
Absent: Council Member Kluesner.
Mayor Brady read the call and stated this
is the Regular Monthly Meeling of the City
Council called for the pwpose to act upon
such business which may properly come
before the Council.
Invocalion was given by Raben Logan.
Elder at the Asbury Road Bible Chapel
PROCLAMATIONS: MonthofJuly,I99O
as "Month of the Tri-State Veterans'
Memorial" received by Harold Melloy; July
8-14 as "Elderhoslcl Week" received by Sr.
Anne Siegrist
Council Member Heckmann moved that
the rules be suspended to allow anyone
present to address the Council Seconded by
Council Member Pratt Canied hy the
following vote: Yeas-Mayor Brady. Coun-
cil Members Deich. Heckmann. Nicholson.
Pratt. Voetherg. Nays-None.
Ahsent-Council Member Kluesner.
Proof of Publication. certified to by the
Publisher, on Notice of Public Heariag to
consider rezoning property at 2421
University Avenue from R-I to OR Dismct
and communicalion of City Manager recom-
meuding denial of reqnest to rezone property
at 2421 University Avenue. presented and
read. Council Member Heckmann moved
that the proof and communicalion be
received and filed. Seconded by Council
Member Nicholson. Canied by the following
vote: Yeas-Mayor Brady. Council Members
Deich. Heckmann. Nicholson. Pratt,
Voetberg. Nays-None. Absent-Council
Member Kluesner.
-- - - --
Dan Adams. Paul Gabrielson. Ann
Mundahl spelre supporting the rezoning
request
An Otdinance Amerxfing Code of Otdi-
nances by reclassifying property located at
2421 Universil)' Avenue from R-I Single-
Family Residential Dismcr to OR Office
Residential Dismct (Denied by P '" Z - 1st
reading only given on 6-18-90), presented
for further action. Council Member
Heckmann moved that this be considered the
second reading only and there be 1intited
resmctions. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady. Council Members
Deich, Heckmann. Nicholson. Pratt.
Voerberg. Nays-None. Absent-Cooncil
Member Kluesner. Council Member
Heckmann moved that the publlc hearing be
recessed to July 16. 1990. Seconded by
Council Member Voetherg. Canied by the
following vote: Yeas-Mayor Brady,
Council Members Deich. Heckmann,
Nicholson, Prall, Voetherg. Nays-None.
Absent-Council Member Kluesner.
Proof of Publicalion. certified to by the
Publisher. on Notice of Public He.sring to
adopt a Conceptual Development Plan for
the Pleasant View PR Distric~ presented and
read. There were no written objections re-
ceived and no oral objectors present at the
time of the Hearing. Council Member
V oetherg moved that the proof of publicalion
be received and filed. Seconded by Cooncil
Member Heckmann. Canied hy the [ollow-
ing vote: Yeas-Mayor Brady, Council
Members Deich. Heckmann. Nicholson.
Pratt. Voetberg. Nays-None.
Absent-Council Member Kloesner.
An Otdinance Amending Code of Otdi-
nances by adopting a Cooceptual Develop-
ment Plan for the Pleasant View PR Planned
Residential Dismct on Pleasant View Drive
in the Cll)'. (1st reading only given on 6-18-
90). presented for further action.
Council Member Voetberg moved that the
rules be waived reqoiring an Otdinance to be
presented and read at two meelings prior to
the meeling at which it is to be finally
adopted be sospended and forther moved
final adoption of the Ordinance. Soconded hy
Council Member Heckmann. Canied by the
following vote: Yeas-Mayor Brady. Coun-
cil Members Deich. Heckmann. Nicbolson.
Pratt. Voetberg. Nays-None.
Absent-Council Member Kloesner.
R!9ular Session, July 2, 1990
Regular Session, July 2, 1990
Section 1. That the Code of Ordinances
of the City of Dubuque. Iowa. be amended
by revising Appendix A thereof. also known
as the Zoning Ontinance and 7.oning Map of
the City of Dubuque. Iowa. by adopling and
approving the conceptual development plan
for the following described property. to wit:
Lot 2 of Lot 2. Lot 3. Lot 4. Lot 5 and
Lot 6 of Block 3. all in "Broadway
Heights" in the City of Dubuque. Iowa
and extending to the center line of any
abotting public right-of-way.
Section 2. That in order to accomplish the
porposes of the PR Planned Residential Dis-
ttic~ and the Zoning Ordinance of the City
of Dubuque. Iowa, the use and improvement
of the hereinabove described PR Planned
Residenlial Disttict shall he subject to the
submitted conceptual development plan and
to the following conditions and resttictions:
376
377
C. P8I'king Requirements
designated on the conceptual development
plan.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 51-90
AN ORDINANCE OF TIlE CITY OF
DUBUQUE. IOWA PROVIDING
THAT THE CODE OF
ORDINANCES. CITY OF
DUBUQUE. IOWA. BE AMENDED
BY REVISING APPENDIX A
THEREOF. ALSO KNOWN AS THE
ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA. BY
ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN FOR THE
PLEASANT VIEW PR PLANNED
RESIDENTIAL DISTRICT ON
PLEASANT VIEW DRIVE IN THE
CITY OF DUBUQUE. IOWA.
Whereas. John Herrig. owner, has filed an
applicalion fer appmval of a conceptual
development plan for hereinafter described
property in accordance with provisions of the
PR Planned Residential Disttict regulalioos
as set forth in Seclion 3-1.6 of the Code of
Ordinances. Appendix A thereof, of the City
of Duboque. Iowa; and
Whereas. the Planning and Zoning Com-
mission has held a poblic hearing on said
applicalion for a conceptual development I
plan parsuan' to required poblished notice;
and
Whereas. the Planning and Zoning Com-
mission has approved said conceptual
development plan sohject to specifie
corxfitions and resttictions having foond that
said plan conforms with the review standards
applicable to such plans as set forth in
Section 3-1.6D of the Code of Otdinances.
Appendix A thereof. of the City of Duhoque.
Inwa; and
Whereas. the Planning and Zoning Com-
mission recommeoded the concorrence of the
City Council and approval of said conceptual
development plan; and
Whereas. the City Cooncil has received
the recommeodalion of the Planning and
Zoning Commission and held its own public
hearing 00 said conceptual development plan
parsuant to required published nolice; and
Whereas, the City Council has approved
said conceptual development plan sobject to
the same specific conditions and resttielious:
NOW. THEREFORE. BE IT ORDAJNED
BY THE CITY COUNcR. OF THE CITY
OF DUBUQUE,IOWA:
The following regulalions shall apply to
all patting areas in the above described PR
Planned Residential District:
F. Perrormanœ Standards
The development and maintenance of uses
in this PR Planned Residenlial Disttict shall
he established in conformance with the
standards of Section 3-1.6D of the Zoning
Otdinance of the City of Doboque, Iowa.
I) The ofT-street parking requirements for
the principal perotitted uses shall be the
same as that designated by Section 3-1.6B of
the Zoning Otdinance of the City of
Dobuque. 10WL
G. TIme Umitatlon
2) No on-street parlring will he perotitted
in this PR Disttict The property owner shall
install signs to this effect along all streets in
this PR Disttict
The timetahle for construction and suI>-
mittal of a final site development plan shall
he established in conformance with the
following standards:
D. SIgns
I) The conceptual development plan shall
he valid for a period of three years from the
date of adoption of this ordinance, provided
that after the first year. if no final site
development plan has been filed. the Corn-
mission or Council may require the resul>-
mission of a conceptual development plan.
The sign regulations in this parlicular PR
Planned Residential Disttict shall he the
same as that which are allowed in the R-4
Mulli-Family Residential Disttict as esta!>-
lished in Seclion 4-3.11 Schedule of Sign
Regulalions of the Zoning Otdinance of the
Cily of Dubuque. 10WL
Eo Site Development Standards
A. Use Regulations
The following regulalions shall apply to
all uses made of land in the above described
PR Planned Residential Disttict:
I) The principal permitted uses shall he
limited townhouses as permitted by Section
3-1.6B of the Zoning Ordinance of the City
of Dubuque. 10WL
2) Accessory uses shall be limited to any
use customarily incidenod and subordinate to
the principal ose it serves.
3) No contingency oses will he allowed.
B. Bulk Regulations
The bulk regulalions in this parûcular PR
Planned Residenlial Disttict shall he the
same as those set forth in Seclion 3-1.5(F) of
the Zoning Otdinanee of the City of
Dobuque. Iowa, as they pertain to town-
houses except that:
I) The lot frontage requirements shall he
relaxed to allow a minimum of 10 feet of
frontage per dwelling unit
2) Detached gatages with a rear yard set-
back of not less than 3 feet will he allowed.
3) The lot coverage requirement shall be
relaxed to allow a maximum of 50% lot
coverage.
2) Excavalion. extension of uti1ilies,
installalion of streets. construction of 28
townhouse onits and all other site develop-
ment shall he completed in 1992.
The site development standards for this
PR Planned Residential Disttict shall he as
follows:
H. Transr... or Ownership
Tranafer of ownership ofIe.sse of properly
in this PR Planned Residential Disttict shall
include in the transfer or lease agreement a
provision that the porchaser or lessee
acknowledges awareness of the corxfitions
aothorizing the establishment of this disttict
I) A final site development plan shall he
submitted in accordance with Section 4-4 of
the Zoning Otdinance of the Cily of
Duboque. 10WL
2) All outside rubbish. storage and gar-
bage coliectioo areas shall he permanently
screened from view to a height of at least six
(6) fee~ as set forth in Section 4-4.6(3) of
the Zoning On1inance of the Cily of
Dubuque. 10WL
L Open Spaee
Those areas designated on the conceptual
development plan for this parlicular PR
Planned Residential Disttict as "green space"
shall he maintained as open space as defined
hy Section 8 of the Zoning Otdinance of the
City of Duboque. 10WL
3) All slopes which exceed ten (10) per-
cent shall he stabilized as set forth in Seclion
4-4.6(2) of the Zoning Ordinance of the Cily
of Duboque, 10WL
J. Streets
4) All oti1ity transmissioo systems shall he
placed underground wherever reasonably
practical.
The streets installed in this parlicular PR
Planned Residential Disttict shall he con-
structed and maintained as paved, private
streets. with curb and gu_. in accordance
with the Cily of Dubuqoe specifications by
the property owner and/or assncialion. If not
so maintained, the City of Duhuque may do
so at the expense of the properly owner
and/or association.
5) Adeqoate illuminalion shall he pr0-
vided to streets. sidewalks. and all areas for
vehicular and pedesttian cin:ulalion. and
shall he directed so as not to interfere with
the use and enjoyment of adjacent properties.
6) Landscaping shall he installed as set
forth in Section 4-5.3 of the Zoning Ordi-
nance of the Cily of Doboque. Iowa, and as
-- - --- - --- ----- ~- --~- - -----~-
378
R~ular session, July 2, 1990
It. Sldew"'"
Sidewalks shall he installed and main-
taiDed in this particular I'll Planned Resi-
dential Disttict in aoeocdanee with City
standards.
SectIon 3. A final site development pian
shall he approved by the City ~ Ü
found to he in conformance with the 000-
cepcuaI development plan. If found to he in
confonnance with said plan. the issuance of
building permits shall he permitted. Follow-
ing approval of a final site developroent
plan, no QOIIIlJUCtion may take place exoept
in substantial confcrmanoe with soch plan.
Paased, approved and adopIed this 2nd
day of July, 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
CityC1erk
Published officially in the TeIegI1Iph
Herald newspaper this 10th day of July.
1990.
Mary A. Davia
CityC1erk
It 7/10
Proof of Puhlicalion. certified to by the
Publisher, on Notice of Hearing on P1ans and
Specifications fer the Mount Vemoo Coort
Sarlital)' Sewer Extenåon Pmjec~ presented
and tad. Tbcre were no written objections
œoeived and no craI objecIon peesent at the
time of the Hearing. Counci1 Member
Heckmann moved that the proof of puhli-
calion he œoeived and filed. Seconded by
Council Member Pratt Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Nicholson.
Pratt, Voetberg. Nays-None.
Absent--<:ouncil Member Kluesner.
RESOLUTION No. 172-90
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Wbcreas, on the 30th day of May. 1990.
plans. specifications, form of _t and
estimated 00II were filed with the City C1erk
of Dubuque, Iowa fer the Mount Vernon
Conrt Sarlilaty Sewer ExÞmlÌon.
Wbcreas, notice of hearing on plans,
specifications, form of contraC~ and esti-
mated coat was poblished as required by law.
NOW, THEREFORE,BE IT RBSO\.VED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA;
That the said plans, specifications, form
of contnCI and estimated 00II are hereby
approved as the plans. specificationa, form of
oootnCI and estimated cost for said Ìß1XOVe-
meots for said project
Passed, adopted and approved this 2nd
day of July. 1990.
James E. Brady
Mayor
Altelt:
Mary A. Davia
CityC1erk
Council Member Heckmann moved ad0p-
tion of the Resolulion. Seconded by Council
Member Pratt Canied hy the following vote:
Yeas-Mayor Brady, Council Members
Deich. Heckmann, Nicholson. Pratt,
VOCÚICIg. Nays-None. Absent-Council
Member Kluesner.
Proof of Puhlication, certified to by the
Publisher. on Nolice to Bidders fer receipt of
bids fer project and communicalion of City
Manage< recommending to award contraCt
for projec~ peesented and read. Council
Member Heckmann moved that the proof
and oommunication he œoeived and filed.
Seconded by Council Member Pratt Carried
by the following vo"': Yeas-Mayor Brady.
Council Me- Deich, Heckmann,
Nichol-. Pratt Voetherg. Nays-None.
Absent-Council Member Kluesner.
RESOLUTION NO. 173-90
AWARDING CONTRACT
Wbcreas, sealed proposa1s have been
submitted by contraCtors for the Mount
Vernon Sarlilaty Sewer Extension porsuant
to Resolnlion No. 227-90 and nolice to
bidders published in a newspaper published
in the City of Duboqne, Iowa on the 8th day
of June, 1990.
Wbcreas, said sealed proposa1s were
opened and tad 00 the 21st day of June.
1990 and it has been de1mDined that the bid
of Tschiggliie Excavating, Inc. of Dubuque
in the amount of$15,103.36 was the lowest
bid fer the furnishings of all 1ahor and
materials and performing the work as pr0-
vided for in the plans and specificatiuan.
NOW, 11IEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
That the contnCI for the above improve-
ment he awaeded to Tschiggme Excavating.
\nc. and the Manager he and is hereby
directed to execute a contraCt on behalf of
Lot Two (2) of Lot One (1) of Lot
One (I) of Lot One (1) of Lot One (1)
of the NW 114 of the NW fractional
114 of Section I. Township 89 North.
Range 2 East of the 5th P.M.. in the
City of Duhoque. Iowa, (except that
part thereof lying easterly of the
C.M.StP.RR. Traclrs). according to
the reoorded plat thereof in Book of
Plats No. 33. Page 174 et seq.. records
of Dubuque Counly. Iowa, su~ect to
easements of record, and
Lot Two (2) of Lot One (I) of Lot
One (1) of Lot One (1) of the Sub-
division of Lot One (1) of Lot Seven
(7) of the SW 114 of Seclion I and of
the SW 1/4 of the NW fraclional 114
of Section I and of Government Lot
One or Mineral Lot 331 in Section I.
Township 89 North. Range 2 East of
the 5th P.M. in the Cily of Dobuqoe.
Iowa (except that part thereof lying
easterly of C.M.StP.R.R. Tracks).
according to the recorded plat thereof
in Book of Plats No.3 of Lands. Page
106, records of Dobuque County.
Iowa, suhject to easements of record.
Whereas. the Cily of Duboque, Iowa, has
reviewed the corxfilions subject to which the
offer is made by Madsen and has approved
said condilions; and
Regular SeSSion, July 2, 1990 379
~~~~u:;:, for the complete perfor- I :::ws~ give to the City is described as
BE IT FURTHER RESOLVED:
That opon the signing of said contract and
the approval of the contractor's bond, the
City Treasorer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed. approved and adopted this 2nd
day of July, 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Council Memher Heckmann moved ad0p-
tion of the Resolulion. Secooded by Council
Member Pratt. Canied by the following vote:
Yeas-Mayor Brady, Cooncil Members
Deich. Heckmann. Nicholson, Pratt.
Voetherg. Nays-None. Absent-COuncil
Member Kluesner.
Communicalion of Corporalion Counsel
Lindahl submitting documents providing for
the acceptance of a gift of real estate by
Lawrence C. Madsen. presented and read.
Council Memher Voetherg moved that the
communicalion he received and filed.
Seconded by Council Member Heckmann.
Canied hy the following vote: Yeas-Mayor
Brady. Council Members Deich, Heckmann.
Nicholson, Prall, Voetherg. Nays-None.
Absent-Council Member Klnesner.
RESOLUTION NO. 174-90
RESOLUTION APPROVING TIlE
ACCEPTANCE OF A GIFf OF
REAL ESTATE BY TIlE CITY OF
DUBUQUE FROM LAWRENCE C.
MADSEN.
Whereas. Lawrence C. Madsen is the
owner of oertain real property immedialcly
upriver from and adjoining the Foor Mounds
Park; and
Whereas. Lawrence C. Madsen has pr0-
posed to give a portion of his real property
to the Cily of Dubuqoe. a municipal corpor-
alion, to he joined with and become a part of
Four Moonds Park under the lease hetween
the City of Dubuque and the Four Moonds
Foundalion; and
Whereas. the Lawrence C. Madsen real
property has been surveyed. and a copy of
the survey plat is attached hereto. and the
real property that Lawrence C. Madsen pro-
Whereas. the Foor Moonds Foundalion
has also agreed to the condilions upon which
the gift is offered;
NOW. THEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the Cily
of Dubuque. Iowa, herehy approves of the
gift of real estate set forth on the attached
Quit Claim Deed executed by Lawrence C.
Madsen. and the conditions of the offer of
gift set forth on the letter of June 7. 1990.
attached hereto.
Section 1. The Cily Clerk is hereby
aothorized and directed to recond a copy of
the Quit Oaim Deed in the office of the
Duboque County Recorder. together with a
certified copy of this Resolotion and a
transcript of the minutes of the meeling
approving such Quit Claim Deed.
Passed. approved and adopted this 2nd
day of July. 1990.
380
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Council Member Voetherg moved adop-
tion of the Resolulion. Seconded by Cooncil
Member Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady. Council
Members Deich. Heckmann. Nicholson.
Pratt. Voetberg. Nays-None.
Absent-{;ouncil Member Kluesner.
RESOLUTION NO. 275-90
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST IN REAL
PROPERTY BY LEASE
Whereas. the City of Dubuque. a muni- I
cipal corporalion, has been olfered a gill of
real property by Lawrence C. Madsen. which
real property is immediately opriver from
and adjoining the Four Mounds Pari<; and
Whereas. the real J<operty, if accepted by
the City. will be joined with and hecome a
part of Four Moonds Park under the Lease
01 soch property hetWeen the City 01
Duhoque and the Four Mounds Foundalion;
and
Whereas. the City Cooncil of the City of
Duhoqoc has given its approval of the accep-
tance of the gift and tentalive approval of the
lease 01 such property to the Four Mounds
Foundation; and
Whereas. Iowa Code Sectioo 364.7 re-
qoires a pohlic hearing on the disposal of an
interest in real property hy lease for a term
of more than three years and that nolice of I
such hearing be published. as provided in
Iowa Code Section 362.3;
NOW. THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. The City Council of the City
of Duhoque, Iowa, hereby gives notice of its
intent to dispose of the property legally
described on the attached Quit Claim Deed
by lease roc a term of more than three years
to the Four Mounds Foondalion.
Section 2. Public hearing on the disposal
of such real property is hereby set for the
16th day of July. 1990. at 7:30 p.rn. at the
Poblic Anditorium at the Carnegie Stout
Library, following which the Cily Council
may make a final detenninalion of the dis-
posal of such real property. The Clerk is
AtteSt:
Mary A. Davis
Cily Clerk
Council Member Voetberg moved adop-
lion of the Resolulion and further set it for
Poblic Hearing at the Council Meeting of
July 16. 1990 at 7:30 p.rn. with the City
Clerk directed to publish notice in the
manner prescribed by law. Seconded hy
Councll Member Heckmann. Canied by the
following vote: Yeas-Mayor Brady. Coun-
cil Members Deich. Heckmann. Nicholsoo.
Pratt, Voetberg. Nays-None.
Absent-{;ouncil Memher Kluesner.
Communicalion 01 City Manager recom-
mending to designate fanner St Raphael's
Cathedral convent property as an Urban
Revitalization area, presented and read.
Council Member Pratt moved that the corn-
monication he received and filed. Seconded
by Council Member Voetherg. Canied by
the lollowing vote: Yeas-Mayor Brady.
Council Members Deich, Heckmann.
Nicholson. Prall, Voetherg. Nays-None.
Absent-{;ouncil Member Kluesner.
RESOLUTION NO. 276-90
A RESOLUTION: (I) FINDING
THAT THE REHABILITATION OF
THE CATHEDRAL REVITAL-
IZATION AREA IS NECESSARY IN
THE INTEREST OF THE PUBLIC
HEALTH, SAFETY AND WELFARE
OF THE RESIDENTS OF THE CITY;
(2) DETERMINING THAT SAJD
AREA MEETS THE ELIGIBILITY
REQUIREMENTS OF SECTION
404.1 OF THE CODE OF IOWA; (3)
ACKNOWLEDGING A PROPOSED
PLAN FOR THE CATHEDRAL
REVITALIZATION AREA; (4)
PROVIDING FOR A pUBLIC
HEARING AND PUBLISHED
NOTICE; AND (5) WAJVING
NOTIFICATION OF OCCUPANTS
BY ORDINARY MAIL.
Whereas, Cathedral Gardens Development
Company. an Iowa partnership. propose to
sobstantially rehabilitate the former St
Raphael Cathedral Convent as an apartment
boilding for elderly residents; and
Regular Session, July 2, 1990
381
Whereas, the City of Dohuque has been
requested to assist in soch rehabilitation hy
designating the property as an urban revita-
lization area which would allow for property
tax excmpti"",; and
Whereas, Chap... 404 of the Code of
Iowa, the Urban Revitalization Act, reqoires
that hefoce an area is designated as an urban
revitalization area the Cily Council must
adopt a resolution finding that the rehahi-
litalion. conservalion or redevelopment of the
area is necessary in the interest of the pohlic
health, safety. or welfare of the residents of
the City and that the area meets the e1igi-
bilily ctiteria of the Act, and further the Cily
must prepare a proposed plan for the desig-
nated revitalization area and schedule and
hold a pohlic hearing on said revitalization
plan; and
Whereas. the area proposed for desig-
nalion under the Urban Revitalization Act in
its current vacant deteriorated state is a
dettiment to the poblic health and safely,
constitutes both an econcrnic and social
1iahi1i1y and if lell unrehabilitated would
sobstantially impair the City's growth and
ability to provide adeqoate housing facililies.
NOW. THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
SedJon I. That the rehahi1italion of the
hereinafter desctihed area is fooed to he
neoessary in the interest of the health. safely
or welfare of the residents of the City which
area is desctihed as follows:
Lot I of Lot I of "Cathedral Center"
in the City of Dubuque. Iowa.
Section 2. That the Cathedral Revitali-
zation Area as desctihed above meets the
eligibilily ctiteria of Section 404.1 of the
Code oflowa, 1989.
Section 3. That the pmposed Urban
Revitalization Plan. Cathedml Revitalizalion
Area, attached hereto. shall he a matter of
record and shall he available for pohlic
inspection in the Office of the City Clerk at
City Hall, 13th and Central, Duhoqoc, Iowa.
SedJon 4. That a public hearing shall he
held by the Cily Council on said plan on
July 16. 1990.
Section 5. That official nolice of the
pendency of said plan and the public hearing
shall he a 1rUe copy of this resolution. hut
withoot attachments referred to herein.
SedJon 6. That the City C1erk is hereby
aothori:æd and dineeted to secure puhlieation
of said official nolice in the Telegtaph
Herald. a newspaper of general circulalion in
the community, by puhlieation of the text of
this resolution on or hefore the ninth day of
July. 1990.
Section 7. That the City Council does
hereby detennine that as there are currently
no occupants within the proposed area that
the reqnircment for notification by crdinary
mall he waived as pennitted by Section
404.2.3 of the Code of Iowa, 1989.
Passed, approved and adopted this 2nd
day of July. 1990.
AtteSt:
Mary A. Davis
CityC1erk
James E. Brady
Mayor
Regular Session, July 2, 1990
herehy directed to publish nolice of such
hearing as required by law.
Passed. approved and adopted this 2nd
day of July. 1990.
James E. Brady
Mayor
Council Member Pratt moved adoptioo of
Resolution and forther moved that it be set
for Puhlic Hearing on July 16, 1990 at 7:30
p.rn. in the Puhlic Liheary Auditoriom and
that the Cily Clerk publish notice in the
manner preacrihed by law. Seconded by
Council Member Voetherg. Canied by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich. Heckmann. Nicholson.
Pratt. Voetberg. Nays-None.
Absent-Couocil Member Kloesner.
Communicalion of Marilee Hamnann.
requesting support from Cooncil in the
amount of $5,000.00 regarding a potential
train developer. presented and read. Council
Member Voetherg moved that the communi-
cation he received and filed and grant
reqoest in amount of $5000. Seconded by
Council Member Pratt Canied hy the
following vote: Yeas-Mayor Brady. Coun-
cil Members Deich, Heckmann. Nicholson.
Pratt, Voetberg. Nays-None.
Absent-Council Memher Kluesner.
Communicalion of City Manager reqoest-
ing approval to select Brice, Pettides-
Donohue. Waterloo, Ia.. to condoct a study
on evalnating the exisling majer arterial
transportation facilities on the north side of
the City and to establish a pogt1UD for the
improvement of transportalion facililies in
this sector of the City in a cost not to exceed
$88.000.00. presented and read. Council
Member Voetherg moved that the communi-
cation he received and filed and approved.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann.
Nicholson. Pratt, Voetherg. Nays-None.
Ahsent-Council Memher Kloesner.
---- ----------
Regular Session, July 2, 1990
Regular Session, July 2, 1990
RELA'ffiD TO U.S. 1161 PROJECT
WITH THE IOWA DEPARTMENT
OF TRANSPORTATION.
Whereas. the Iowa Department of Trans-
portatioo is corrently developing and con-
struCting Relocated U.S. 1161 witlún the Cily
of Duboque from Gnsndview Avenue
northerly and easterly to the U.S. 1161
Mississippi River Bridge; and
Whereas. I.D.O.T. Agreement 87-4-210
was presently executed for the above project
with execulion by the City and I.D.O.T. on
January 31 and February 17. 1989. respect-
ively; and
Whereas. as part of this project, the Iowa
Deparb11ent of Transportation proposes to
erect two 1Iaffic blank out signs on
Relocated U.S. 1161 to control1Iaffic at the
interseelions of the Relocated U.S. 1161 with
Jones Street and Locust Street connector;
and
Whereas. these blank oot signs will read
"Be Prepared to Stop" and will have flashing
lights; and
Whereas. these blank out signs will be
interCOnnected to the 1Iaffic signal system at
Jones Street and Locust Street connec-
torsIRelocated U.S. '61 intersection.
NOW. THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Sedlon 1. That the addendum to Precon-
struCtion Agreement 87-4-210 with the Iowa
Department of Transportation be approved.
Sec:llon 2. That the Mayor he aothorized
and directed to execute copies of tlús adden-
dum and forward the execoted copies to the
Iowa Depatb11ent of Transportation for their
approval.
Passed, approved and adopted tlús 2nd
day of July. 1990.
James E. Brady
Mayor
383
382
Communicalion of Cily Manager request-
ing to proceed with the dismantling and
demolilion of the old wastewater lreatment
plant and authorize the Cily staff to initiate
the necessary purchase order to proceed, pre-
sented and read. Council Member Heckmann
moved that the communication he received
and filed and approved. Seconded by
Council Member Pratt Canied by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann. Nicholson.
Pratt, Voetberg. Nays-None.
Absent-Council Memher Kluesner.
including the right of ingress and egress
thereto. for the purpose of erecting,
installing. constructing, reconstructing.
repairing. owning, operating, and maintaining
water. sewer, drainage. gas. Iclephone. tv.
cable and electtic lines that may he autho-
rized by the Cily of Dubuque. Iowa; and
9:15 Council ICCCssed.
9:32 Council reconvened.
Cooununicalion of Cily Manager recom-
merxfing approval of lee Harbor Agreement
with Boh Kehl (Robert's River Rides) and
aothorizing and direcling the Mayor to
execote the Agreement on behalf of the City,
presented and read. Cooncil Member
Voetherg moved that the communication he
received and filed and approved Manager's
recommendation. Seconded hy Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady. Council Members
Deich. Heckmann, Nicholson. Prall,
Voetherg. Nays-None. Absent-Council
Member Kluesner.
Cooununication of City Manager request-
ing Mayor he authorized and directed to sign
Ice Harbor Parking Agreement on hehalf of
the City. presented and read. Cooncil
Member Voetherg moved that the commun-
ication he received and filed and approve
Manager's request and authorized Mayor to
sign. Seconded by Cooncil Member Pratt.
Canied by the following vote: Yeas-Mayor
Brady. Council Members Deich, Heckmann.
Nicholson, Prall, Voetberg. Nays-None.
Ahsent-Council Member Kloesner.
Communication of City Manager recom-
merxfing that the City consent to sohlease
Agreement hetween Doboque Racing Assoc-
iation and Duboque Casino Belle and parü-
cipate in three-way split of parking lot
expenses. presented and read. Council
Member Voetherg moved that the coounon-
icalion he received and filed and approved
recommendation. Seconded by Council
Member Pratt Canied hy the following vote:
Yeas-Mayor Brady, Council Members
Deich. Heckmann. Nicholson. Pratt.
Voetherg. Nays-None. Absent-Council
Member Kloesner.
Whereas. the City has agreed to lransfer
by Quit Claim Deed Lot B of Block 15 of
Duboque Harbor Company's Addition in the
Cily of Duboque, Dobuqoe Counly. Iowa to
the Iowa Department of Transportalion for
its needs associated with the construction of
the Highway 61 projec~ and
Communicalion of Cily Manager recom-
merxfing appmval of two Narcolic Control
Grant Con_" hetween the Cily and the
Governor's Alliance 00 Substance Abuse and
requesling Mayor he authorized to sign the
contracts upon receipt, presented and read.
Council Memher Pratt moved that the com-
municalion he received and filed and
approved. Seconded by Cooncil Member
Heckmann. Canied hy the following vote:
Yeas--Mayor. Brady, Council Memhers
Deich. Heckmann. Nicholson. Pratt,
Voetherg. Nays-None. Absent-Counci1
Member Kluesner.
Whereas, under separate agreement with
the Iowa Department ofTransportalion ident-
ified as Iowa D.O.T. Agreement '87-4-210
executed hetween the City of Doboque and
the Iowa Department ofTransportation incor-
porates a provision that the City agrees that
no new or future uli1ity occupancy of the
project right-of-way, nor any fotore reloca-
tion of or alterations to the existing ulilities
within such limits, shall he pennitted or
ondertaken by the Cily without the prior
written approval of the Iowa Department of
Transportation; and
An Otdinance Amerxfing Oniinance No.
30-90 relative to vacalion of portions of
Iowa Sheet, Camp Sheet. Water Sheet and
a contigooos alley, (1st reading given on 6-4;
2nd reading on 6-18-90). presented for final
action.
Whereas. there is a conflict exisling
hetween the language of the Project Agree-
ment and Otdinance No. 30-90 ",lalive to
iostallalion of ulililies in the vacated rights-
of-way.
Council Member Voetherg moved final
adoptioo of the Otdinance. Seconded by
Council Member Pratt Canied by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann. Niebolson.
Pratt. Voetberg. Nays-None.
Absent-Council Memher Kluesner.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sedlon 1. That Seclion 2 of Oniinance
30-90 passed, approved and adopted hy the
Cily Council on April 16. 1990 is hereby
repealed and a new Section 2 incorporated as
follows:
(OFFICIAL PUBLICATION)
ORDINANCE NO. 52-90
Sec:llon 2. The Cily reserves unto itself a
perpemai easement on Lot A of Block 15 of
the Duboque Harbor Company's Addilion in
the City of Duboque. Doboqoe County.
Iowa, including the right of ingress and
egress thereto. for the purpose of erecting.
installing, constructing, reconstructing,
repairing. owning. operaling, and maintaining
water. sewer. drainage. gas. telephone. tv.
cable and electtic lines as may he authorized
by the Cily of Duboqoe. Iowa.
AN ORDINANCE AMENDING
ORDINANCE NO. 30-90 RELATIVE
TO VACATION OF CITY STREETS.
Communicalion of City Manager re-
questing approval of an addendom to the
Preconstruction agreement with the Iowa
Department of Transportalion, presented and
read. Couocil Member Voetherg moved that
the communicalion he received and filed.
Seoonded by Council Member Deich.
Canied hy the following vote: Yeas-Mayor
Brady. Council Members Deich, Heckmann.
Nicholson, Pratt, Voetherg. Nays-Nooe.
Absent-Council Member Kluesner.
RESOLUTION NO, 277-90
RESOLUTION APPROVING
ADDENDUM TO PRECON-
STRUCTION AGREEMENT
Whereas, the Cily Council on April 16.
1990 adopted Oniinance No. 30-90 vacaling
portions of Iowa Sheet, Camp Sheet, Water
SIRet, and a contiguous alley; and
AtteSt:
Mary A. Davis
City Clerk
Cooncil Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Cartied hy the following
vote: Yeas-Mayor Brady, Council Members
Deich. Heckmann. Nicholson. Pratt.
Voetberg. Nays-None. Absent-Cooncil
Member Kluesner.
Whereas, these vacated streets have been
platted into lots described as Lot A and Lot
B of Block 15 of the Dobuque Harbor
Company's Addition in the City of Dubuqoe,
Duboque Counly, Iowa; and
Passed. appmved and adopted this 2nd
day of July. 1990.
James E. Brady
Mayor
Whereas. Sectioo 2 of said Otdinance
reserves to the Cily a perpemai easement
--- -----
""",, ."
384
Regular Session, JulY. 2, 1990
AtteSt:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of July.
1990.
Mary A. Davis
City Clerk
It 7/10
An Ordinance Granting to the Chicago
Central and Pacific Rai1road Company a
rights-of-way over and along certain streets
in 1he City of Dohoque. (1st reading on 6-4;
2nd reading on 6-18-90). presented and read.
Council Member Voetherg moved final
adoption of the Ordinance. Seconded by
Council Member Heckmann. Canied by the
following vote: Yeas-Mayor Brady. Coun-
cil Members Deich, Heckmann. Nicholson.
Pratt. Voetherg. Nays-None.
Absent--{:ouncil Member Kloesner.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 53-90
AN ORDINANCE GRANTING TO
THE CHICAGO CENTRAL AND
PACIFIC RAILROAD COMPANY A
RIGHTS-OF-WAY OVER AND
ALONG A CERTAIN STREETS IN
THE CITY OF DUBUQUE. IOWA.
Whereas. porsuant to resolution and
poblished notice of lime and pIaee of
hearing. published in the Telegmph Herald.
a newspaper of general circulalion published
in the City of Dohoque. Iowa on this 9th day
of June. 1990, the Cily Council of the City
of Duboque. Iowa met on the 18th day of
June, 1990 at 7:30 p.rn. in the PublicUbrary
Auditotiurn. 11th and Loeus~ Dohoque.
Doboque County. Iowa to consider the pr0-
posal for granting of a right-of-way over
Iowa, Jones, Dodge and East 7th Streets in
the City of Duboqne. Iowa; and
Whereas, the City Council of the Cily of
Duboque. Iowa overruled any and all ohjec-
tions, oral or written. to the granling of the
right-of-way and disposing of an interest of
the City of Doboque, Iowa in the herein-
above descrihed real estate to C.C.P.R.R.
Company.
NOW. THEREFORE. BE IT ORDAINED
BY THE CITY COUNcn.. OF THE CITY
OF DUBUQUE. IOWA:
Section I. That permission he. and the
same is herehy granted to Chicago Central
and Pacific Railroad Company. its soccessors
and assigns, to lay down and operate such
railroad track or tracks as may he necessary
in the proseculion of its bosiness. upon.
along, and through Iowa Street from S.P.L.
of 1st Street to S.P.L. of Dodge Stree~ Jones
Street and Dodge Street from E.P L. of Iowa
Street to E.P.L. of Block 3 and Block 9 of
Doboque Hatbor Company's Addition and at
soothwest corner of East 7th Street at the
W.P.L. of Washington Stteel in said City of
Doboqne; provided. such track or tracks do
not inteñere with the railroad tracks now
laid, and in actua1 use of any other raiJrosd
company:
Section 2. That whenever œqoined by the
City Council of this City. said Chicago
Central and Pacific Rallroad Company shall,
at its own expense. grade soch part of said
Streets as shall he used fer said track or
traclrs. and that portion of any street crossed
hy its traclrs along said Streets and shall
keep the space hetWeen the rails and to the
end of the ties so graded that vehicles may
easily pass over the same; and on each side
of every street crossed by its said track.
along said Streets. shall constrUCt and main-
tain suitable culverts and drains, so that the
free passage of water shall not he impeded
hy the track or traclrs hereby permitted; and
shall at street crossings along said Streets
plank between the rails. and make suitable
approaches to enable vehicles to cross its
traclt. and shall fully comply with all reason-
ahle police regulalions which the authorilies
of this City may estahlish in relalion to the
rouning of trains on said track or traclrs.
within the liotits of this City.
SectIon 3. That the track or tracks herein
authorized shall he laid to the grade estab-
lished by the City. and should the grade he
changed at any time, the said track or tracks
shall he changed to confcrm to said change
of grade, such change of track or tracks to
he made at the expense of the Company. and
the Company to have no claim for damages
against the City because of soch change.
SectIon 4. That if said Company or its
successors does not consb'Uct a railroad track
or tracks and operate the same upon said
right-of-way within five years from the date
hereof, or abandons er fails to use such track
or tracks for three continuous years. all
rights granted hereunder shall he forfeited.
without farther aclion of any kind by the
City.
SectIon 5. That all Ordinances of the Cily
heretofcre passed in conflict with this Ordi-
nance, or inconsistent with this Ordinance.
are hereby repealed.
Regular Session, July 2, 1990
Sectloa 6. That this Otdinance shall take
effect upon poblicalion as provided by law.
Passed. approved and adopted this 2nd
day of July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
An Otdinance Amending Code of Otdi-
nances by adopting a new Section 22-16
Definitions and a new Seclion 22-38 Yani
Waste, in lieu thereof to provide for
clarificalion of the definition of Refuse and
Regulalions relative to Yani Waste. (1st
reading given on 6-18-90), presented for
final action.
Council Member Voetherg moved that
they waive the rules requiring an Otdinance
to he presented and read at two meetings
prior to the meeling at which final action is
taken and further moved final adoplion of
the Otdinance. Seconded hy Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich. Heckmann. Nicholson. Pratt.
Voetherg. Nays-None. Absent-Cooncil
Member Kluesner.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 54-90
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES. THE
CITY OF DUBUQUE. IOWA. BY
REPEALING SECTION 22-16
DEFINmONS AND SECTION 22-38
YARD WASTE UNDER CHAPTER
22 GARBAGE. TRASH AND
REFUSE AND ADOPTING A NEW
SECTION 22-16 DEFlNmONS AND
A NEW SECTION 22-38 YARD
WASTE. IN LIEU TIlEREOF TO
PROVIDE FOR CLARiFICATION OF
THE DEFlNmON OF REFUSE AND
REGUJATIONS RELATIVE TO
YARD WASTE.
NOW. THEREFORE. BE IT ORDAINED
BY THE CITY COUNcn.. OF THE CITY
OF DUBUQUE, IOWA:
Sectloa L The Code of Otdinances of the
City of Duboque, Iowa he amended by re-
pealing Section 22-16 Definitions and
Section 22-38 Yani Waste onder Chapter 22
Garbage. Trash and Refuse and adopting a
new Seclion 22-16 - Definitions and a new
Section 22-38 Yani Waste under Chapter 22
Garbage. Trash and Refuse:
385
Sectloa 21-16. »eßnltloas
For the pwpose of this article the
following definitions shall apply:
Class I preotises shall mean and inclode:
(I) Single-family dwellings;
(2) Mulliple-family dwellings up to and
including six (6) dwelling units.
Any series of two (2) or more laterally
connected or joined dwelling units which
each dwelling unit has separate access and
utility service in which 00 dwelling unit is
placed on top of another dwelling uni~
including Iownhouses and row housing. shall
constitute a single-family dwelling.
Class U preotises shall mean and inclode:
(I) Ordinary business and commercial
places;
(2) Sehools. hospitals. colleges, churches.
nursing homes and other seotiprivate institu-
tions; and
(3) Mulliple-family dwellings exceeding
six (6) dwelling units.
Dwelling shall mean and inclode any
building or portion thereof containing one or
more dwelling onits.
Dwelling unit shall mean and inclode one
or more connected rocrns having CO<uplete
kitchen faci1ities and arranged. designed or
used as living quarters for one family ouly.
Garbage shall mean any and all refuse
from food incidental to its preparalion or use
for human consomplion.
Owner shalI mean, in addition to the
recond tideholder. any person residing in,
renling, leasing. occupying. operating or
lrattsacting business in any preotises and as
hetween such parÜes the duties. responsi-
bi1ilies. liabilities and obligalions hereafter
imposed shall he joint and several.
Refuse shall mean all solid waste or seoti-
solid materials excluding waste oil. lead acid
hatteties, yani waste and onshredded waste
tires from residential or business preotises. It
may include senti-liquid or wet waste but
must not he free flowing. It shall not include
any conslruction materials except minor
amounts incidental to other waste.
.,
"
386
Section 22-38. Yard Waste
(I) Yatd waste shall be separated by the
owner or occupant of a premise from all
other solid waste.
(2) Yatd waste that has not been coco-
posted will he collected by the Cily.
(3) The owner or occopant of a premise
may compost their own yatd waste on their
own premise J"Ovided the same is stored in
soch a manner as to not create a fire. health
or safety hazard.
(4) Yatd waste collected by the Cily shall
he placed in specially marked degeadable
hags er conlainers or conlained by tying
deviees approved by the City for a charge
established by the City Manager and
approved by the City Cooncil.
(5) No person shall deposit any yatd
waste in any puhlic right-of-way.
(6) Any violalion of this seclion is a
misdemeanor.
Section 2. This ordinance shall be in full
force and effect after its adoplion and publi-
cation as pmvided by law.
Passed. approved and adopted this 2nd
day of July, 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Communicalion of City Manager reqoest-
ing approval of a financing package for the I
proposed Nordstrom Disttihotion Center pro-
jec~ presented and read Council Member
Heckmann moved that the communication he
received and filed. Seconded by Cooncil
Member Deich. Canied by the following
vote: Yeas-Mayor Btady, Council Members
Deich. Heckmann. Nicholson, Pratt.
Voerherg. Nays-None. Ahsent-Council
Member Kloesner.
RESOLUTION NO. 278-90
A RESOLUTION AUTHORIZING
THE FILING OF A COMMUNITY
ECONOMIC BETTERMENT
ACCOUNT APPLICATION ON
BEHALF OF NORDSTROM, INC.
Whereas, Nordstrom. Inc.. a fashion
specially retailer hearlqoartered in Seat1le,
Washington. bas proposed the development
"'"
AtteSt:
Mary A. Davis
City Clerk
Council Member Heckmann moved adop-
lion of the Resolulion. Seconded by Cooncil
Member Deich. Canied by the following
vote: Yeas-Mayor Btady, Council Members
Deich. Heckmann. Nicholson. Pratt.
Voetherg. Nays-None. Absent-Council
Member Kluesner.
RESOLUTION NO. 279-90
A RESOLUTION AUTHORIZING
THE FILING OF AN APPLICATION
FOR A LOAN GUARANTEE
THROUGH SUBPART M. SECTION
108 OF THE COMMUNITY
DEVEWPMENT BLOCK GRANT
Regular Session, July 2, 1990
387
PROGRAM FOR DEVELOPMENT
OF NORDSTROM, INC.
DISTRmUTION CENlER.
Whereas, Nordstrom, Inc.. proposes to
construct and operate a new midwest distti-
bution center in Duboque Industtial Center;
and
Whereas. it baa been determined that said
propoaal will not he feasible without non-
local assistance.
NOW. THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That the City Council hereby
aothorizes the filing of an applicalion for a
loan goarantee in support of the afore-
mentioned project with the U.S. Department
of Housing and Urban Development in con-
formance with Subpart M. Section 108 of the
Communily Development Block Grant
regulalions.
Section 2. That the Cily Manager he and
he is hereby authorized and directed to act as
the official representative of the Cily of
Dubuque in connection with said loan gear-
antee applicalion. and to J"Ovide such
informalion as may he requested hy the U.S.
Department of Hoosing and Urban
Development
Passed. approved and adopted this 2nd
dayofJuly. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Council Member Heckmann moved ad0p-
tion of the Resolulion. Seconded by Council
Member Deich. Canied by the following
vote: Yeas-Mayor Brady. Council Memher
Deich, Heckmann, Nicholson. Pratt.
Voetherg. Nays-None. Absent-Council
Member Kluesner.
Cornmunicalion of City Manager request-
ing Mayor he authorized to sign a Grant
Agreement with the Deparnnent of HUD in
the amount of $1,200.000 for Loan
Goarantee Assistance previously pledged to
the Downtown Hotel Projec~ presented and
read. Cooncil Member Deich moved that the
communicalion be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas-Mayor Brady.
Council Members Deich, Heckmann.
Nicholson, Prall, Voetherg. Nays-None.
Absent-Council Memher Kluesner.
RESOLUTION NO. 280-90
A RESOLUTION AUTHORlZ[NG
TIlE EXECUTION OF A SECTION
108 LOAN GUARANTEE W[TH
TIlE DEPARTMENT OF HOUS[NG
AND URBAN DEVELOPMENT.
Whereas. under previsions of Title I of
the Housing and Communily Development
Act of 1974. as amended, the Cily of
Dubuque prepared and sobmitted . reqoest
for loan goarantee assistance on March 22.
1990; and
Whereas, the submission bas been
approved by the Department of Housing and
Urban Development in the amount of
$1,200,000 plus interest thereon; and
Whereas, a Grant Agreement covering the
activities pmposed to he carried out with the
Seclion 108 fonds bas been tendered the Cily
of Duboqoe.
NOW, THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Section I. That the Grant Agreemen~
aothorized by the U.S. Department of
Housing and Urban Development on June
14, 1990 for a Section 108 Loan Goarantee
to the City of Duboqoe is hereby accepted.
Section 2. That the Mayor of the City of
Doboque, Iowa he and he is hereby autho-
rized and directed to execute a Grant
Agreement and Loan Goarantee Acceptance
for submission to the U.S. Department of
Housing and Urban Development
Passed. approved and adopted this 2nd
day of July. 1990.
AtteSt:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Regular session, July 2, 1990
of a new midwest disttibulion center in
Duboqoe, Iowa; and
Whereas, the City Council of Duboque.
Iowa bas considered said proposal and has
determined that the proposed disuibulion
center will conttihote to the local economy
through the expansion of the existing pro-
perty taX base and the crealion of jobs for
area residents; and
Whereas. the Community Economic
Betterment Account (CEBA) pmgram has
been created by the Iowa Department of
Economic Development to assist in the
economic developmeot efforts of Incal
jorisdictions; and
Whereas. the Cily of Dubuque, Iowa is
eligible to apply for funding from the
Community Economic Betterment Account
program as defined in Hoose File 225. Acts
of the 71st General Assembly.
NOW, THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE C[TY
OF DUBUQUE, [OW A:
Section 1. That the filing of an applica-
tion for parÜcipatioo in the Iowa Commonily
Economic Betterment Account pmgram in
hehalf of Nordstrom. Inc. is approved.
Section 2. That the Cily Manager he and
he is herehy authorized to execute and sub-
mit said applicatioo to the State of Iowa
Development Ccmmission and other appro-
priate agencies together with such documents
as may he required.
Passed. approved and adopted this 2nd
day of July. 1990
James E. Brady
Mayor
Council Member Deich moved adoption
of the Resolotion. Seconded hy Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady, Council Memhers
Deich. Heckmann, Nicholson. Pratt.
Voetheq¡. Nays-None. Absent-Council
Member Kloesoer.
Cornmunicalion of Cily Manager rec0m-
mending approval to accept a Public Uli1ilies
Easement in Patricia Ann Acres Subdivision
-- -~-
Regular Session, July 2, 1990
lion and Repair Program in 1990. presented
and read. Cooncil Member Voetberg moved
that the communicalion he received and
filed. Seconded by Council Memher
Nicholson. Carried by the following vote:
Yeas-Mayor Brady. Council Members
Deich, Heckmann. Nicholson, Pratt
Voetherg. Nays-None. Ahsent-CounciÍ
Member Kluesner.
RESOLUTION NO. 282-90
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR 1990 SIDEWALK REPAIR
PROJECT #1 INCLUDING CERTAIN
INFORMATION REQUIRED BY
THE CODE OF IOWA. SPECIFI-
CALLY. THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED. TIlE INTEREST ON ALL
UNPAID INSTALLMENTS, THE
TIME WIlEN THE ASSESSMENTS
ARE PAYABLE AND DIRECTING
THE CLERK TO CERTIFY THE
FINAL SCIlEDULE AND TO
PUBLISH NOTICE THEREOF.
NOW. TIlEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
That after full consideration of the fmal
schedule of assessments and acoompanying
plat showing the assessmeots proposed to be
made fer the construction of the 1990 Side-
walk Repair Project under contract with
Kluck Construclion ofDuhoque.lowa, which
final plat and schedule were filed in the
office of the Cily Clerk on the 27th day of
June, 1990. that said schedule of assessments
he and the same is hereby approved and
adopted.
That there he. and is hereby assessed and
levied as a special tax against and opon each
of the lots, the respeclive soros indicated.
Provided, forther. that the amoonts shown in
said final schedule of assessments as defi-
ciencies are found to be proper and levied
condilionally against the respeclive pmperties
henefitted by the improvements as shown in
the schedule, so~ect to the pmvisions of
Section 384.63. Code of Iowa. Said assess-
ments against said lots are herehy declared to
he in pmportion to the special benefits con-
ferred and not in excess of twenty-five per-
cent of the value of same.
Assessments of $100.00 er more are pay-
able in 5 eqnal annnal installments, with
interest on the unpaid balance. all as
provided in Section 384.65, City Code of
388
No.2. presented and read. Council Member
Heckmann moved that the communication he
received and filed. Seconded by Cooncil
Member Voetherg. Carried by the following
vote: Y cas-Mayor Brady. Council Members
Deich. Heckmann. Nicholson. Pratt.
Voetherg. Nays-None. Absent-Council
Member Kluesner.
RESOLUTION NO. 281-90
RESOLUTION ACCEPTING GRANT
OF pUBLIC UTILITY EASEMENT
OVER AND ACROSS PATRICIA
ANN SUBDIVISION NO.2.
Whereas, there has been presented to the
City Council of the Cily of Dubuqoe, a grant
of poblie utility easement dated the 21st day
of May. 1990. prepared hy IIW Engineers &
Sorveyors. Inc. over and across Lot 1.2. 3
& 4 of Patricia Ann Sobdivision No.2; and
Whereas. said grant of public otility
easement confonns 10 the laws and statos
pertaining therelo.
NOW. THEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the grant of poblic otility
easement dated the 21st day of May. 1990.
prepared by IIW Engineers & Sorveyors.
Ino. re!alive to the real estate hereinabove
descrihed be and the same is hereby
approved and accepted.
Section 2. That the City Clerk he and is
hereby authorized and directed to file said
grant of public otility easement and certified
copy of this resolotion in the office of the
Recorder. in and for Doboque Coonty,lowa.
Passed. approved and adopted this 2nd
day of July, 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Council Member Heckmann moved adop-
lion of the Resolulion. Seconded by Council
Member Voetherg. Carried by the following
vote: Yeas-Mayor Brady, Cooncil Members
Deich. Heckmann. Nicholson, Pratt.
Voetherg. Nays-None. Absent-Council
Member Kluesner.
Communicalion of City Manager snb-
nùttiog the levy of special assessments for
sidewalk repairs which were done hy the
City conlractor under the Sidewalk Inspec-
Regular SeSSIon, July 2, 1990
389
Iowa. Conditional deficiency assessments. if
any, may he levied against the applicable
property for the same period of years as the
as...sments are made payable.
Auessments may he paid in foil orin part
without interest at the office of the Coonty
Treasurer, at any time within 30 days after
the date of the first publicalion of this noliee
of the filing of the final plat and schedule of
assessments with the County Treasorer.
Unless said assessments are paid in full
within said thirty day period all unpaid
assessments will draw annoal interest coco-
puted at 10% (commencing on the date of
acoeptance of the worlc) ccrnpoted to the
December 1st next following the due dates
of the respective installments. Each install-
ment will he delinquent on September 30th
following its due date on July 1st in each
year. Property owners may elect to pay any
annoal installment senùannoally in advance.
That the City Clerk he and is hereby
directed to certify said schedule to the
Counly Treasurer of Duhoque Coonly. Iowa,
and to publish nolice of said certificalion
once each week for two conseculive weeks
in the manner pmvided in Seclion 3623. the
first pohJicalioo of which shall he not more
than fifteen days from the date of filing of
the final schedule. The City Clerk shall also
send by certified mail to property owners
whoae property is subject to assessment a
copy of said nolice, and mailing to be on or
hefore the date of the second publicalion of
the notice, all as provided and dinected by
Section 384.60 of the Code of Iowa.
Passed. approved and adopted this 2nd
day of July, 1990.
AtteSt:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetherg moved adop-
tion of the Resololion. Seconded by Cooncll
Member Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Doich. Heckmann, Nieholson. Pratt,
Voether¡¡. Nays-None, Ahsent-Council
Member Kluesner.
Cornmunicalion of Cily Manager respond-
ing 10 petilion from Mary Ann Schiesl re-
garding the posting of a "No Parlting" area
on West 12th Stree~ hetween Bloff Street
and Grove Terrace and requesling adoplion
of Otdinance. presented and read. Council
Member Pratt moved that the communication
he received and filed. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Brady. Council Members
Deich. Heckmann, Nieholson. Pratt,
Voetherg. Nays-None. Absent-COuncil
Member Kluesner.
An Otdinance Amerxfing Code of Otdi-
nances by adding West 12th Street to
sobseetion (d) of Section 32-262 thereof
pmviding for the proItibiting of parking from
the North, South and Baat sides from Bluff
Street to Grove Terrace, presented and read.
Council Member Pratt moved that this he
considered the first reading of the Otdinance
and that the requirement that a proposed
Ordinance he considered and voted on for
passage at two Cooncil meelings prior to the
meeting at which it is to he finally adopted
he suspended and flDther moved final adop-
lion of the Otdinance. Seconded by Council
Member Voetherg. Carried by the following
vote: Yeas-Mayor Brady. Council Members
Deich, Heckmann, Nicholson. Pratt,
Voetherg. Nays-None. Absent-Council
Member Kluesner.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 55-90
AN ORDINANCE AMENDING TIlE
CODE OF ORDINANCES OF TIlE
CITY OF DUBUQUE, IOWA BY
DELETING WEST TWELFTH
STREET. FROM SUBSECIlON (d)
OF SECIlON 32-262 THEREoF
PROVIDIN.G FOR THE
PROHmITING OF PARKJNG FROM
TIlE SOUTH AND WEST SIDES
FROM BLUFF STREET TO GROVE
TERRACE AND ADDING WEST
TWELFTH STREET TO SUB-
SECIlON (d) OF SECTION 32-262
THEREoF PROVIDING FOR TIlE
PROHIBITING OF PARKJNG FROM
TIlE NORTH. SOUTH AND EAST
SIDES FROM BLUFF STREET TO
GROVE TERRACE.
NOW, THEREFORE, BE IT ORDAINED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
SectIon I. That the Code of Ordinances
of the Cily of Dubuque. Iowa he amended
by deJeling West Twelfth Street from
Suhseclion (d) of Seclion 32-262 thereof as
follows:
"Sec. 32-262. Prohibited on Designated
Streets or Portions Thereof.
(d) No-parking-at-any-time
designated
zones
Regular Session, July 2, 1990
ARA Services. Duboque Greyhound Park.
Chaplain Schmitt
ARA Services, FDL Foods (Retail).
East 16th Street
ARA Services. W.C. Brown Publishers
Co.. 2460 Kerper Blvd.
AdmiraI's iii-Hat Wes~Inc., Don Meyer.
253 Main Street
Coastal Service Stalion. Holiday Oil Dist.,
Inc., 1685 J. F. Kennedy
Coastal Service Stalion. Holiday Oil Dist..
Inc.. 1401 Centtal Ave.
Coastal Service Stalion, Holiday Oil Dist.
Inc.. 605 Dodge St
Coastal Service Station. Holiday Oil Dist.
Inc.. 400 Rhomherg Ave.
Copper Kettle. The David A. Ungs.
2987 Jackson St
Rellable Drug #3016. Drug Fair, Inc..
3049 Asbury St
Fenelon Finer Foods. Inc..
3130 Jackson St
390
Twelfth Stree~ Wes~ sooth and west
sides. from Bloff SbOCt to Gmve Terrace;
north side. from Centtal Avenue to Main
SbOCt
Section :z. That the Code of Ordinances
of the City of Dohuque, Iowa he amended
by adding West Twelfth SbOCt to Subseclion
(d) of Section 32-262 thereof as follows:
"Sec. 32-262. Prohibited on Designated
SbOCts or Portions Thereof.
(d) No-parking-at-any-time zones
designated
Twelfth Stree~ Wes~ north and east sides.
from Bluff Street to Gmve Terrace. sooth
side, from Bluff Street to a point approxi-
.mately one-hundred sixty (160) feet west
of Bloff Stree~ north side from Centtal
Avenoe to Main Street
Passed. approved and adopted this 2nd
day of July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 9th of July. 1990.
Mary A. Davis
City HaIl 11 719
Council Memher Pratt moved that Council
Member Voetherg he appoioted to the Long
Range Planning Commission. Seconded hy
Council Member Deich. Canied by the
following vote: Yeas-Mayor Brady, Coun-
cil Memhers Deich, Heckmann. Nicholson.
Pratt. Voetherg. Nays-None.
Ahsent-Council Member Kluesner.
RESOLUTION NO. 283-90
NOW, 11IEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE,IOWA:
That the following having complied with
the provisioos of law relaling to the sale of
Cigarettes within the Cily of Dobuque. Iowa,
he gesnted a permit to sell Cigarettes and
Cigarette Papers within said Cily.
ARA Services, A. Y. McDonald,
4085 McDonald Rei.
11719
Goetz's. James W. Goetzinger.
2776 Jackson St
Knicker's Saloon, Curtis L. Gerhard.
2186 Centtal Ave.
Mike's "76" Aoto Center. Michael
Remakel, 2205 Caller Rd.
Oky Doky #1. JFT Ltd..
250 West 1st St
Oky Doky #6. TFM Co..
1250 Iowa St
Oky Doky #7.B & M. Convenient Mart.
3301 Pennsylvania
Oky Doky #10. Will-Co. Inc..
805 West 5th St
Oky Doky #1\. Pedewitz. Inc..
1\01 Rhomherg Ave.
Oky Doky #21. Trans-Miss
Invesb11enls, 2010 Kerper Blvd.
Specht's Pipe Inn. Joseph Spech~
Kennedy Mall
Rl!{lular Session, July 2, 1990
391
River City Tap & Gtill, David Lyons,
My-Cap. 1406 Pine St
Mario's Italian RestJLounge,
Angelina A. Bertolini My-Cap.
1298 Main St
Coach House. Elaine Kelly, My-Cap
Hy 20 West
Lenny's Ave. Tap. Leonard J. Tekippe.
My-Cap, 1080 University Ave.
Passed. approved and adopted this 2nd
day of July, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Pratt Canied hy the following vote:
Yeas-Mayor Brady. Council Members
Deich, Nicholson. Pratt. Voetberg.
Nay&-None. Abstain-Council Member
Heckmann. Ahsent-Council Member
Kluesner.
RESOLUTION NO. 284-90
Whereas. Applicalions for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas. The premises to be occupied hy
such applicants were inspected and found to
comply with the Otdinances of this City and
have filed poper bonds;
NOW. TIIEREFoRE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
That the Manager be aothmized to cause
to he issoed the following named applicants
a Beer Pennit
CLASS "B" BEER PERMIT
Pusateri Broo..lnc.. Pusateri Poppe Pizza,
2400 Ceottal
CLASS "C" BEER PERMIT
Krlslina L. Chapman, Oky Doky Foods
#14, 1050 Universily Ave
Jena, Inc., Oky Doky Fonda #15.
1545 S. Grandview
Passed. approved and adopted this 2nd
day of July 1990.
AtteSt:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Memher Deich moved adoption
of the Resolotion. Seconded by Cooncil
Member Pratt Canied by the following vote:
Yeas--Mayor Brady. Cooncil Members
Deich. Nicholson, Pratt. Voetberg.
Nays-None. Ahstain-Council Member
Heckmann. Ahsent-Council Member
Kluesner.
RESOLUTION NO. 285-90
Whereas, applications for Liquor Ucenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas. the premises to he occupied by
such applicants were inspected and found to
comply with the Stale Law and all City
Otdinances relevant thereto and they have
filed proper bonds;
NOW. TIlERER>RE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
That the Manager he authorized to cause
to he issoed the following named applicants
a Uquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
House of China Co.. (Sonday Sales).
170 J.F.Kennedy
Wayne Scbollmeyer. Paul's Tap.
(Sunday Sales), 176 Locost St
Ethel K. Schwartz. Allport Inn.
(Sunday Sales). 574 E. 16th St
Yuen & Chan. Ltd.. Kohe Japanese Rest.
(Sunday Sales). 951 Main St
CLASS "B" WINE PERMIT
Mildred M. DoIter. Basket Expressions.
474 Bluff St
Passed, approved and adopted this 2nd
day of July 1990.
James E. Brady
Mayor
392
Regular Session, July 2, 1990
AtteSt:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resololion. Seconded by Cooncil
Member Pratt Canied by the following vote:
Yeas-Mayor Brady. Council Memhers
Deich. Nicholson. Pratt. Voetherg.
Nays-None. Ahstain-Cooncil Member
Heckmann. Absent-Council Member
Kluesner.
Cooncil Member Deich moved to approve
the temporary transfer of the Nites of the
Sqoare Table Class "B" Beer Permit from
6th St to 7th St on July 7. 1990. Seconded
by Cooncil Member Pratt. Canied by the
following vote: Yeas-Mayor Brady. Coun-
cil Members Deich, Nicholson. Pratt,
Voetherg. Nays-None. Ahstain-Council
Member Heckmann. Absent-Cooncil
Member Kluesner.
MINUTES SUBMITTED - Airport Com-
mission of 6-6 & 6-12; Cable Community
Teleprogramming Commission of 6-5; Cable
TV Regulatory Commission of 6-13; Five
Flags Commission of 6-18; Mechanical
Boarû of 6-12; Park & Recrealion
Commission of 6-5; Planning & Zoning
Commission of 4-4.5-2.5-16. presented and
read. Council Member Voetberg moved !hat
the minutes he received and filed. Seconded
by Council Member Pratt Canied by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann. Nicholson.
Pratt. Voetberg. Nays-None.
Ahsent-Council Memher Kluesner.
NOTICES OF CLAIMS/SUITS - Robert
Bleile in amount of $120.00 for backed up
sewer damages; Dubuque Professional Fire
Fighters Association vs. City of Duhoque.
sobmining Petition of LaW; Gary Kaiser. in
eslimated atOOUnt of $794.78 for car
damages; Marguerite Loney in unknown
atOOUnt for personal injories; Mast & Co..
Ine. in unknown amount for truck damages;
Matgaret Rowan in atOOUnt of $25.00 for car
damages; Florence D. Cook, in unknown
atOOUnt for personal injories received in a
fall. presented and read. Council Member
Voetherg moved that the claims and suits he
referred to the Legal Staff for investigalion
and report Seconded hy Cooncil Member
Pratt Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich. Heckmann, Nicholson. Pratt,
Voetherg. Nays-None. Ahsent-Council
Member Kluesner.
Communicalions of Corporation Coo...l
recommending setúements of Cat damage
claim of Joyce Havedand in amoont of
$437.93; trust damage claim of Glen Koetz
in amount of $118.63; car door lock damage
claim of Eileen Riniker in amoont of$I5.75;
car door lock damage claim of Julie Rohel in
atOOUnt of $15.75. presented and read. Coun-
cil Memher Nicholson moved that the corn-
municalions he received and filed and
settlements approved and Finance Director to
issue pmper checks. Seconded by Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady. Council Members
Deich. Heckmann. Nicholson. Pratt.
Nays-Council Member Voetber8.
Absent-Council Member Kluesner.
Communicalions of Corporation Counsel
recommending denial and/or administralive
closore of car personal injury & car damage
claim of David Orr, personal injury claim of
Roger Regan. presented and read. Council
Member Voetherg moved that the communi-
cations he received and filed and approved
recommendalions. Seconded hy Cooncil
Member Pratt Carried by the following vote:
Yeas-Mayor Brady. Council Members
Deich. Heckmann, Nicholson. Pratt.
Voetberg. Nays-None. Ahsent-Council
Member Kloesner.
Communicalion of Kenneth Hindman sub-
mining his resignation from Human Rights
Commission etfeclive June 11. 1990. pre-
sented and read. Council Member Voetberg
moved that the commonicalion he ICCCived
and filed and resignation accepted with
regret Seconded by Cooncil Member Pratt.
Canied hy the following vote: Yeas-Mayor
Brody. Council Members Deich. Heckmann,
Nicholson. Pratt, Voetherg. Nays-None.
Absent-Council Member Kluesner.
City Manager submining Financial Report
for month of May, 1990. presented and read.
Cooncil Member Voetherg moved that the
report be received and filed. Seconded by
Council Member Pratt Canied by the
following vote: Yeas-Mayor Brady,
Council Members Deich. Heckmann.
Nicholson, Prall, Voetberg. Nays-None.
Absent-Council Member Kluesner.
REFUNDS REQUESTED - Thomas
Schrobilgen in atOOUnt of $633.75 for
unexpited Uquer Licenses. presented and
read. Council Memher Voetberg moved that
the refund he approved with Finance
DirectO< to issoe pmper check. Seconded by
Cooncil Meuther Pratt Canied by the
following vote: Yeas-Mayor Brady. Coun-
cil Members Deich, Heckmann. Nicholson.
Pratt, Voetberg. Nays-None.
Absent-Council Member Kluesner.
--- -- ~ ~-~ --
Rejlular Session, July 2, 1990
393
There being no further business. Council
Member Nicholson moved to adjoom the
meeting. Seconded by Council Member
Heckmann. Canied hy the following vote:
Yeas-Mayor Brady, Cooncil Members
Deich, Heckmann, Nicholson, Pratt,
Voetherg. Nays-None. Absent-Council
Member Kluesner.
Meeting adjourned at 11:31 p.rn
Council Members
AtteSt:
~~~
394
RejIular Session, Ju.lï 16, 1990
DUBUQUE
BOARD OF HEALTH
QUARTERLY
MEETING
Regular Quarterly Meeting. July 16, 1990.
Board met at 7:25 p.m.. Public Library
Auditorium.
Preseot: Chairperson Brady, Board
Members Deich, Heckmann. Kluesner.
Nicholson. Prall, Voetberg. Absent-None.
Chairperson Brady read the call and stated
this is the Regular Quarterly Meeling of the
Board of Health called for the purpose to act
upon such bosiness which may pmperly
come before the Board.
Pelilion of Rob VanderMoelen requesling
a variance of the seplic system on his
property at 3940 Oneida St. presented and
read. Board Member Kluesner moved that
the petition be received and filed. Seconded
by Board Memher Nicholson. Canied hy the
following vote: Yeas-Chairperson Brady,
Board Members Deich, Heckmann, Kluesner.
Nicholson. Prall, Voetherg. Nays-None.
Communication of Cily Manager request-
ing he he granted to authorize a private
sewage disposal construclion perotit variance
for Rob VanderMoeIen with the slipulalion
that Mr. VanderMuelen comply with Health
Services Division standarda and connect to
city sanitary sewer when it becomes avail-
able, presented and read. Board Memher
Kluesner moved that the commonication he
received and med and approved request
Seconded by Board Member Nicholson.
Carried hy the following vote:
Yeas-Chairperson Brady, Board Members
Deich. Heckmann. Kluesner. Nicbolson.
Pratt, Voetherg. Nays-None.
Communiearion of City Manager request-
ing approval of a contract with the Iowa
Depatb11ent of Publlc Health for furxfing to
implement a project originaling from the
County Health Needs Assessmen~ presented
and read. Board Member Pratt moved that
the communicalion he received and filed.
Seconded by Board Member Voetherg.
Carried by the following vote:
Yeas-Chairperson Brady, Board Members
Deich. Heckmann. Kluesner, Nicbolson,
Pratt, Voetberg. Nays-None.
RESOLUTION NO. 1-90
A RESOLUTION APPROVING AND
AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO
SIGN A CONTRACT WITH THE
IOWA DEPARTMENT OF PUBLIC
HEALTH FOR FUNDING OF
LOCAL COUNTY HEALTH
PLANNING PROGRAMS.
Whereas. the Iowa Deparb11ent of Public
Health has offered to provide financial
sopport for local county health planning
programs in the Cily of Duboque. and
Doboque Counly: and
Whereas. the Cily ofDuboque assists with
cocrdinalion and input for the County Health
Planning Committee in conjunction with
other public health professionals and
agencies within the county; and
Whereas. the Iowa Deparb11ent of Pohlic
Health has presented the Cily Health
Services Division a proposed contract for
funding of the projec~ a copy of which is
attached hereto.
NOW. THEREFORE. BE IT RESOLVED
BY THE BOARD OF HEALTH OF THE
CITY OF DUBUQUE. IOWA:
Sedlon 1. That the attached Counly
Health Planning contract hetween the Iowa
Depatb11ent of Poblic Health and the Cily of
Doboque. Iowa is hereby approved.
Sedlon 2. That the City Manager er his
designee is hereby authorized and directed to
execute the contract on hehalf of the Cily of
Duboque. Iowa.
Passed. approved and adopted this 16th
day of July, 1990.
James E. Brady
Chairperson
AtteSt:
Mary A. Duvis
Secretary
Board Member Pratt moved adoplion of
the Resololion. Seconded by Board Member
Voetherg. Canied hy the following vote:
Yeas-Chairperson Brady. Board Members
Deich. Heckmann. Kloesner, Nicholson.
Pratt, Voetherg. Nays-None.
There heing no forther husiness. Board
Member Kluesner moved to adjoom the
meeting. Seconded by Board Member Pratt
Carried hy the following vote:
Yeas-Chairperson Brady. Board Members
RejIular Session, July 16, 1990
395
Deich, Heckmann. Kluesner, Nicbolson,
Pratt Voetherg. Nays-None.
Gearhart, Corporalion Counsel Barty A.
Lindahl.
1991.
Mayor Brady read the call and stated this
is the Regular Meeting of the Cily Council
called for the pwpose to act upon such
business which may properly come hefore
the Council
Invocalion was given by Rev. Donald
Booher. Execulive Director of the Dubuque
Rescue Mission.
Council Member Pratt moved that it he
resolved to suspend the rules to allow
,ne present to address the Council.
;¡jë¡¡. hy Council Memher Nicholson.
Canied by the following vote: Y cas-Mayor
Brady. Council Members Deich. Heckmann,
Kluesner. Nicholson. Prat~ Voetberg.
Nays-None.
Public Hearing recessed at meeting of
July 2. 1990 - Council Member Pratt moved
to reconvene the public hearing of proposed
rezoning of 2421 University Ave. Seconded
by Council Memher Voetherg. Canied by
the following vote: Yeas-Mayor Brady,
Council Memhers Deich, Heckmann,
Kluesner, Nicholson. Prat~ Voetherg.
Nays-None.
DUBUQUE
Communicalion of City Manager submit-
ting Memorandom of Agreement with Mr.
Dan Adams regarding rezoning of property
at 2421 Universily Ave.. presented and read.
Council Member Pratt moved that the com-
municalion be received and filed. Seconded
by Council Memher Voetherg. Carried by
the following vote: Yeas-Mayor Brady.
Council Members Deich, Heckmann.
Kluesner, Nicholson. Pratt, Voetherg.
Nays-None.
CITY COUNCIL
OFFICIAL
PROCEEDINGS
An Ordinance Amending Zoning Otdi-
nance by reclassifying property located at
2421 Universily Ave. from R-2 Single-
Family Residential Disttict to OR Office
Residential Disttict (1st reading given on 6-
19; 2nd reading on 7-2), presented and read.
Council Member Pratt moved final adoption
of the Otdinance. Secooded by Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Brady. Council Members
Deich, Heckmann. Kluesner. Nicholson.
Pratt Voetherg. Nays-None.
Regolar Session. July 16, 1990.
Council met at 7:30 p.m.. Public Library
Auditoriom.
Present: Mayor Brady. Council Memhers
Deich, Heckmann. Kluesner, Nicholson.
Pratt Voetherg, Cily Manager W. Kenneth
(OFFICIAL PUBLICATION)
396
Regular Session, July 16, 1990
(OFFICIAL PUBLICATION)
ORDINANCE NO. 56-90
AN ORDINANCE OF THE CITY OF
DUBUQUE. IOWA PROVIDING
THAT THE CODE OF
ORDINANCES, CITY OF
DUBUQUE. IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS THE
ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA, BY
RECLASSIFYING HEREINAFTER
DESCRJBED PROPERTY LOCATED
AT 2421 UNIVERSITY AVENUE
FROM R-I SINGLE-FAMILY
RESIDENTIAL DISTRICT TO OR
OFFICE RESIDENTIAL DISTRICT.
WITH CONDmONS.
NOW, THEREFORE. BE IT ORDAJNED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. That the Code of Ordinances
of the City of Dohoque. Iowa he amended
hy revising Appendix A thereof, also known
as the Zoning Ordinance of the City of
Dubuque. Iowa to reclassify hereinafter
described property from R-I Single-FamilY
Residential Disttict to OR Office Residenlial
Distric~ with condiliom. to wit:
Lot 1 of the Sooth part of the Sol>-
division of Lots 225 and 226 of Finley
Addition and extending to the center
line of abotting public right-of-way.
Section 2, That the foregning amendment
has heretofore been reviewed by the
Planning and Zoning Commission of the
City of Doboque, Iowa.
Passed. approved and adopted this 16th
day of July, 1990.
James E. Brady
Mayor
AtteSt:
Mary A, Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of July.
1990.
Mary A. Davis
City Clerk
It 7{20
Proof of Puhlication, certified to by the
Publisher. 00 Notiee of Public Hearing to
consider disposing of property arljoining
Four Moonds Park to Four Mounds Founda-
tion. presented and read. There were no
written objeclions received and no oral
objectors present at the time of the Hearing.
Cooncil Member Pratt moved that the proof
he ICCCived and filed. Seconded hy Cooncil
Member Voetherg. Canied by the following
vote: Yeas-Mayor Brady, Council Members
Deich. Heckmann. Kloesner, Nicholson.
Pratt, Voetherg. Nays-None.
RESOLUTION NO. 286-90
RESOLUTION DISPOSING OF
REAL PROPERTY BY LEASE FOR
A TERM OF MORE THAN TIIREE
YEARS AND APPROVING AN
AMENDMENT TO THE LEASE
AGREEMENT BE1WEEN THE CITY
OF DUBUQUE AND THE FOUR
MOUNDS FOUNDATION.
Whereas. Lawrence C. Madsen, owner of
certain real property immediately opriver
from and adjoining the Four Mounds Park.
has made an offer of a gift of such property
to the City of Dohuque, open the condilion
that soch property he joined with and
become a part of the Four Moonds Park
under the Lease hetween the City of
Duboqne and the Four Mounds Foondation;
and
Whereas. the City Council of the City of
Doboque, Iowa, has acoepted the gifr of real
property and agreed to an Amendment to the
Lease hetween the City of Dobuque and the
Four Moonds Foondalion to include such
real property; and
Whereas. on the 16th day of July. 1990.
the City Council of the City of Dohoqoe.
Iowa, held a public hearing on the disposal
of the real property by lease to the Four
Mounds Foundalion;
NOW. THEREFORE, BE IT RESOLVED
BY THE ClTY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. The City Council of the City
of Dobuque. Iowa, hereby approves of the
disposal of the Madsen property hy lease to
the Foor Mounds Foundalion. soch property
Regular SessIon, July 16, 1990
to he jnined with and become a part of the
Four Mounds Park under the Lease hetween
the City of Dobuque and the Four Moonds
Foundalion.
Section 2. The City Council further
appoves the Amendment to the Lease
Agreement hetween the City of Dubuque and
the Four Mounds Foundalioo. attached
hereto, and the Mayor is herehy authorized
and directed to execote soch Amendment to
Lease Agreement
Passed. approved and adopted this 16th
day of July. 1990.
James E. Brady
Mayor
AtteSt
Mary A. Davis
Cily Clerk
Council Member Pratt moved adoption.
subject to approval of subdivision plat by
Zoning Commission. Seconded by Council
Member Voetherg. Carried by the following
vote: Y cas-Mayor Brady, Council Members
Deich. Heckmann. Kluesner. Nicholson.
Pratt, Voetherg. Nays-None.
Proof of Poblicalion. certified to hy the
Publisher, on Nolice of Public Hearing to
consider designaling the former St Raphael
Cathedral Convent as an apartment hoilding
for elderly residents and designaling property
as an urban revitalizalion area, presented and
read. There were no written objeclions re-
ceived and no oral objectors present at the
time of the Hearing. Council Member
Voetherg moved that the proof he received
and filed. Seconded hy Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Memhers
Deich. Heckmann. Kluesner. Nicholson.
Pratt Voetberg. Nays-None.
An Ordinance Establishing the St
Raphael Cathedral Convent Revitalizalion
Area as an Urban Revita1izalion Area
pursoant to Chapter 404 of the Code of
Iowa, presented and read. Council Member
Voetherg that this he considered the first
reading of the Ordinance and that the
reqoirement that a proposed Ordinance he
considered and voted on for passage at two
council meelings at which it is to he finally
adopted he suspended and forther moved
final adoplion of the Ordinance. Seconded by
397
Council Member Nicholson. Canied hy the
following vote: Yeaa-Mayor Brady, Coun-
cil Members Deich, Heckmann. Kluesner.
Nicholson. Prall, Voetherg. Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. S7-!IO
AN ORDINANCE ESTABLISHING
THE CATHEDRAL REVITALI-
ZATION AREA AS AN URBAN
REVITALIZATION AREA
PURSUANT TO CHAPTER 404 OF
THE CODE OF IOWA.
NOW, THEREFORE. BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section I. That the Cathedral Revita-
lization Area as hereinafter described shall
herealter he designated an orban revitali-
zation atea pursuant to Chapter 404 of the
Code of Iowa 1989. to wit:
Lot I of Lot I of Cathedral
Center in the City of Dubuque.
Iowa, commonly known as 469
Emmett Stree~ Doboque. Iowa.
Section 2. That the Cathedral Revita-
lization Area Urban Revitalizatioo Plan
hereto attached as Exhibit" A" is herehy
adopted and approved and the properties
within said described atea shall he sohject to
the provisions of said plan.
Section 3. That said Cathedral Revita-
lization Area Urban Revitalizalion Plan shall
herealter he on file in the City Clerk's
Office, City Hall, Dubuque. Iowa.
Passed, approved and adopted this 16th
day of July, 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
Cily Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of July.
1990.
Mary A. Davis
Cily Clerk
It 7{20
-
Regular Session, July 16, 1990
Proof of Publication. certified to by the
Publisher. on Notice to bidden of the receipt
of bids for the project and commonicalion of
City Manager recommending to award con-
tract for projec~ presented and read. Council
Member Voetberg moved that the proof and
communicalion be received and filed.
Seconded by Council Member Pratt. Carried
hy the following vote: Yeas-Mayor Brady.
Council Meuthers Deich, Heckmann,
Kluesner. Nicholson. Pratt. Voetherg.
Nays-None.
RESOLUTION NO. 288-90
AWARDING CONTRACT
398
Proof of Puhlication. certified to by the
Publisher. on Nolice of Hearing on Plans and
Specifications for the Dodge Street at the
Northwest Arterial Traffic Signal Improve-
ments and Intersection lighting. presented
and read. There were no written objeclions
received and no oral objectors present at the
lime of the Hearing. Council Member
Voetherg moved that the proof he ICCCived
and filed. Seconded hy Council Member
Pratt Carried by the following vote:
Yeas-Mayor Brady. Council Memhers
Deieh, Heckmann. Kluesner, Nicholson.
Pratt Voetherg. Nays-Nonc.
RESOLUTION NO. 287-90
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas. on the 13th day of June, 1990,
plans. specifications. form of contract and
estimated cost were filed with the City Clerk
of Dubuque. Iowa for the Dodge Street at
the Northwest Arterisl Traffic Signal
Improvements and Interseclion Lighting.
Whereas, notice of hearing on plans.
specificalions. form of contract, and
estimated cost was published as reqoined by
law.
NOW, TIIEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
That the said plans, specificalions, form
of contract and estimated cost ate hereby
approved as the plans. specifications. form of
contract and estimated cost for ssid improve-
ments for ssid project
Passed. adopted and approved this 16th
day of July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Council Member Voetherg moved adop-
tion of the Resololion. Seconded by Council
Member Pratt Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann. Kluesner. Nicholson.
Pratt Voetherg. Nays-None.
.Jjf"
Whereas. sealed proposals have been sub-
nútted by contractors for the Dodge Street at
the Northwest Arterial Traffic Signal
Improvements and Intersection Lighling
parsuant to Resolulion No. 253-90 and
nolice to hidders poblished in a newspaper
poblished in the City of Dubuque, Iowa on
the 22nd day of June, 1990.
Whereas. said sealed proposals were
opened and read on the 5th day of July.
1990 and it has been determined that the bid
of Paulson Electtic Company of Duboque.
Iowa in the amount of $57.790.75 was the
lowest bid for the furnishings of all labor
and materials and performing the work as
provided for in the plans and specifications.
NOW, THEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
That the contract for the above
improvement he awarded to Paulson Electtic
Company, subject to the concorrence of the
Iowa Deparb11ent of Transportation. and the
Manager he and is hereby directed to
execute a contract on behalf of the Cily of
Duboque fer the complete performance of
the worlr.
BE IT FURTHER RESOLVED:
That open the signing of ssid contract and
the approval of the contractor's bond. the
City Treasorer is aothorized and instructed to
retom the bid deposits of the unsu=ssfol
bidders.
Rei/ular Session, July 16, 1990
Passed, approved and adopted this 16th
day of July. 1990.
Passed. approved and adopted this 16th
day of July, 1990.
Alteat:
Mary A. Davis
City CierI:
Jame., E. Brady
Mayor
Council Member Voetherg moved adop-
tion of the Resolulion. Seconded by Council
Member Pratt. Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich. Heckmann. Kloesner. Nicholson.
Pratt, Voetberg. Nays-None.
Proofs of Publicalion. certified to by the
Publisher, on Nolice of Hearing on Plans and
Specificalions for the Electtical and Distti-
bution Pwnp System Upgrades to the Eagle
Point Water Plan~ presented and read. There
were no written objections received and no
oral objectors present at the time of the
Hearing. Council Member Voetherg moved
that the proof of publicalion he received and
filed. Seconded by Council Member Pratt
Canied by the following vote: Yeas-Mayor
Brady. Council Memhers Deich, Kluesner.
Nicholson, Prall, Voetherg. Nays-None.
Abstain-Council Member Heckmann.
RESoLUTION NO. 289-90
RESOLUTION ADOPTING PLANS
AND SPEC!FlCA TIONS
Whereas, on the 4th day of June. 1990.
plans, specificalions, form of contract and
..timated cost were filed with the Cily Clerk
of Dubuque, Iowa, for the Electtical and
Disttibulion Pwnp System Upgrades to the
Eagle Point W- Plan~ and
Whereas, notice of hearing on plans,
specificalions, form of contrac~ and
estimated COst was poblished as required by
law.
NOW. THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sec:tlon I. That the said plans. specifi-
cations, form of contract and eslimated cost
are hereby approved as the plans. specifica-
tions. form of contract and estimated cost for
said improvements for ssid project
399
Alteat:
Mary A. Davis
Cily Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolulion. Seconded by Council
Member Pratt. Canied by the following vote:
Yeas-Mayor Brady. Council Members
Deich,Kluesner. Nicholson. Prall, Voetherg.
Nays-N"one. Abstain-Cooncil Member
Heckmann.
Communicalion of City Manager recom-
merxfing to award contracts for projects.
excluding the purchase of motor control
center equipmen~ presented and read.
Council Member Voetherg moved that the
communicalion he received and filed.
Seconded by Council Member Pratt Canied
by the following vole: Yeas-Mayor Brady.
Council Members Deich. Heckmann,
Kluesner, Nicholsoo. Prall, Voetherg.
NaYS-None.
RESOLUTION NO. 290-90
AWARDING CONTRACT
Whereas, sealed pmposals have been
subotitted by contractors for the Electtical
and Disttihution Pump System Upgrades to
the Eagle Point Water Plant pursoant to
Resololion Nn. 230-90 and nolice to bidders
published in the Cily of Dubuque. Iowa on
the 15th day of June, 1990.
Whereas, said sealed proposals were
opened and read on the 3rd day of July.
1990. and it has been detenoined that the hid
of MMC Mechanical Contractors of
Duboque. Iowa, in the amount of $553.000
was the lowest bid for the furnishings of all
labor and selected 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:
Section I. That the contract for the above
improvement he awarded to MMC Mechan-
ical Contractors of Duhuque. Iowa, and the
.~
400
Regular Session, Jul}' 16, 1990
Manager he and is hereby directed to
execote a contract on hehalf of the Cily of
Dobuque fer the complete perlormanoe of
the worl<.
Sedlon :z. That upon the signing of said
contract and the approval of the contractor'S
bond. the Cily Treasorer is authorized and
inslrUcted to return the bid deposits of the
unsoccessful bidders.
Passed. approved and adopted this 16th
day of July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Council Member Voetherg moved adop-
tion of the Resolulion. Seconded by Council
Member Pratt Carried by the following vote:
Yeas-Mayor Brady. Council Members
Deich. Kluesner, Nicbolson, Prall, Voetherg.
Nays-None. Abstain-Council Member
Heckmann.
RESOLUTION 291-90
AWARDING CONTRACT
Whereas. sealed proposals have been sub-
mitted by contractors for the procurement of
Ouldoor Pad-mounted Transformers for
Eagle Point Pomp Ststion porsuant to
Resolulion No. 230-90 and nolioe to bidders
published in the City of Dohuqoe, Iowa on
the 15th day of June. 1990.
Whereas. said sealed proposals were
opened and read on the 3rd day of July.
1990. and it baa been determined that the bid
ofElectticai Power Packaging of Thiensville,
WI. in the amount of $53,988 was the lowest
bid fer the fornishings of all materials in the
specificalions.
NOW. THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
Section 1. That the contract for the above
improvement he aWatded to Electtical Power
Packaging of Thiensville. WI, and the
Manager he and is hereby directed to
execute a contract on hehalf of the Cily of
Dobuque for the complete perlormance of
the worl<.
Sedlon :z. That open the signing of said
contract and the approval of the contractor's
hondo the Cily Treasorer is authorized and
inslrUcted to return the bid deposits of the
unsoccessful bidders.
Passed. approved and adopted this 16th
dayofJuly, 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
Cily Clerk
Council Memher Voetherg moved adop-
tion of the Resololion. Seconded by Council
Member Pratt Canied hy the following vote:
Yeas-Mayor Brady. Council Members
Deich.Kluesner. Nicholson, Prat~ Voetberg.
Nays-None. Abstain-Council Member
Heckmann.
RESOLUTION 292-90
AWARDING CONTRACT
Whereas. scaled pmposa1s have been
subolitted by contractors fer the procorement
of Servioe Enttance Switchgear for Eagle
Point Pump Stalion porsuant to Resolulion
No. 230-90 and nolioe to bidders published
in the Cily of Dubuque. Iowa on the 15th
day of June, 1990.
Whereas. said sealed proposals were
opened and read on the 3rd day of July.
1990. and it baa been determined that the bid
of Crescent Electtic of Dobuque. Iowa. in
the amount of 566.050 was the lowest bid
for the fornishings of s11 materials in the
specificalions.
NOW. THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Sedlon I. That the contract for the above
improvement he awatded to Cresoent Electtir
of Dubuque. Iowa, and the Manager he and
is hereby directed to execote a contract on
hehalf of the Cily of Dohuque for the
complete perlormance of the work.
Regular Session, July 16,1990
Sedlon :z. That open the signing of said
contract and the aPJ'lOvai of the con-tor.s
bond. the City Treasorer is authorized and
inslrUcted to return the bid deposits of the
unsuccessful bidders.
Passed. approved and adopted this 16th
day of July, 1990.
James E. Brady
Mayor
A!teIt:
Mary A. Davis
City Clerk
Council Member Voetherg moved adop-
tion of the Resololion. Seconded by Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich.Kloesner. Nicholson. Pratt, Voetherg.
Nays-None. Abstain-Council Member
Heckmann.
Proof of Publicalion. certified to by the
Publisher. on Notice of Public Hearing to
considerdiS JOliing ofCily's interest in Lot 2
of Lot 9 of Industtial Subdivision No.2.
presented and read. There were no written
objections received and no oral objectors
present at the time of the Hearing. Council
Member Voetherg moved that the proof of
publicalion he received and filed. Seconded
by Council Member Pratt Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich. Heckmann. Kluesner,
Nicholson, Pratt, Voetherg. Nays-None.
RESOLUTION NO. 293-90
RESOLUTION APPROVING PLAT
OF TIlE SUBDIVISION OF LOT 8
AND LOT 9 OF INDUSTRIAL
SUBDNISION NO.2.
Whereas. there has been presented to the
City Council of the Cily of Doboqoe, Iowa,
a plat dated the 26th day of April, 1990.
prepared by the City of Dohuque. describing
the subdivision of Lot 8 and Lot 9; and
Whereas. said plat conforms to the laws
and statutes pertaining thereto.
NOW. TIlEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
--
401
Sedlon I. That the plat dated the 26th
day of April, 1990 prepared by the City of
Dubuque. relative to the real estate
hereinabove described he and the same is
hereby aPJ'lOved, and the Mayor and Cily
Clerk he and they are hereby authorized and
directed to execUte said plat for and on
hehalf of the City of Dobuque, Iowa.
Sedlon 2. That the City Clerlr he and is
hereby authorized and directed to file said
plat and certified oopy of this Resolution io
the office of the Recorder, in and for
Dubuque Counly. Iowa.
Passed, approved and adopted this 16th
day of July. 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
Cily Clerk
Council Member Voetherg moved adop-
tion of the Resolulion. Seconded by Cooncil
Member Pratt Canied by the following vote:
Yeas-Mayor Brady. Council Memhers
Deich, Heckmann. Kluesner. Nicholson.
Pratt Voetberg. Nays-None.
RESOLUTION NO. 294-90
Whereas, pors...t to resolotion and
published notice of lime and plaoe of
hearing. published in the Telegyaph Herald.
a newspaper of general circulalion published
in the Cily of Duboque. Iowa on 6th day of
July, 1990. the City Council of the City of
Dubuque, Iowa met on the 16th day of July.
1990 at 7:30 p.m. in the Public Library
Auditorium, 11th and Locus~ Dubuque,
Doboque County. Iowa to consider the
proposal for the sale of real estate described
as:
Lot 2 of Lot 9 of Industtial Sobdivision
No.2 in the City of Dohoqoe, Iowa to
Fischer, Inc.
Whereas. the City Council of the City of
Duboque. Iowa overruled any and s11 objec-
tions. oral or written. to the proposal to
dispoae of interest of the Cily of Dobuque.
Iowa in the hereinabove described real estate
to Fiscber. Inc.
-
~
Regular Session, July 16, 1990
proposed closing of Radfcrd Road. Some of
the people ate heavy users of the property.
RFSOLUTION NO. 295-90
RESOLUTION APPROVING PLAT
OF PROPOSED VACATED
PORTION OF RADFORD ROAD
BETWEEN CHA VENELLE ROAD
AND TIlE CHICAGO. CENTRAL
AND PACIFIC RAILROAD
TRACKS.
Whereas, there has been presented to the
City Council of the City of Dubuqoe, Iowa,
a plat dated June 26. 1990, prepared by IIW
Associates. P.C.. Dubuque. Iowa, describing
the proposed vacated portiun of Radford
Road hetween Chavenelle Road and the
Chicago. Cenlral and Pacific Railroad tracks;
and
Whereas. said plat conforms to the laws
and statutes pertaining thereto.
NOW. THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE,IOWA:
SectIon 1. That the plat dated June 26.
1990 prepared by nw Associates, P.C..
relalive to the real estate hereinabove
described he and the same is hereby
approved. and the Mayor and City Clerk he
and they ate hereby authorized and directed
to execote said plat for and on behalf of the
Cily of Doboque. Iowa.
SectIon 2. That the City Clerk he and is
hereby aothorized and directed to file said
plat and certified copy of this Resolulion in
the Office of the Recorder, in and for
Duboque Counly.lowa.
Passed. approved and adopted this 16th
day of July. 1990.
James E. Brady
Mayor
402
NOW. THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Section 1. That the disposal of the interest
of the City of Duboque. Duboque Coonty.
Iowa in real property described as Lot 2 of
Lot 9 of Industtial Subdivision No.2 in the
City of Dubuqoe. Iowa to Fischer. Inc. be
and is herehy approved.
SectIon 2. That the Mayor be authorized
and directed to execote a Quit Claim Deed.
and the City Clerk be and is herehy autho-
rized and directed to deliver said deed of
conveyance to the above named grantee
opon ICCCipt of the porch... price in full.
Section 3. That the City Clerk he and is
hereby authorized and directed to reconi a
certified copy of this Resololion in the
Office of the City Assessor, Dubuque
County Recorder and the Dubuque County
Treasorer.
Passed. approved and adopted this 16th
day of July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resololion. Seconded by Council
Member Pratt Canied hy the following vote:
Yeas-Mayor Brady. Council Memhers
Deich, Heckmann. Kluesner, Nicholsoo.
Pratt Voether8. Nays-None.
Conununicalion of City Manager recom-
merxfing vacaling of Radford Road hetween
Chavenelle Road and the Chicago, Cenlral
and Pacific Railroad Tracks. presented and
read. Council Member Pratt moved that the
communicalion he received and filed.
Secooded by Council Member Voetberg.
Canied by the following vote: Yeas-Mayor
Brady. Council Members Deich, Heckmann.
Kluesner, Nicholson. Pratt, Voetberg.
Nays-None.
Richard Kelly. 392 North Graodview,
owner of property at bottom of hill,
submitted a pelition containing 553
signatures. requesting reconsideration of
AtteSt:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption of
the Resolotion. Seconded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady. Cooncil Members
Regular SessIon, July 16, 1990
403
Deich. Heckmann. Kloesner. Nicholson,
Ptatt, Voelherg. Nays-None.
An Ordinance vacating a portion of Radford
Road hetwoen Chavenelie Road and the
Chicagn. Cenlral and Pacific RaiImad
Tracks. presented and read. Council Member
Pratt moved that this he considered the first
reading of the Oniinanoe. and that the
requirement that a proposed Oniinanoe he
considered and voted on for passage at two
council meelings prior to the meeling at
which it is to be finally adopted he
suspended and farther moved that a Public
Hearing he held on the Proposed Otdinance
on the 6th day of Angus~ 1990 at 7:30 p.m.
in the Public Lihesry Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by Council
Member Voetherg. Canied by the following
vote: Yeas-Mayor Brady. Council Members I
Deich. Heckmann. Kluesner. Nicholsoo.
Pratt Voetberg. Nays-None.
RESOLUTION NO. 296-90
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT A OF
DUBUQUE INDUSTRIAL CENTER
7TH ADDITION AND LOT A TO
DUBUQUE INDUSTRIAL CENTER
5TH ADDITION IN TIlE CITY OF
DUBUQUE. IOWA.
Wbereas. the Cily has proposed the
vacating of a portion of Radfoni Road
hetwoen Chavenelle Road and the Chicago.
Cenlral and Pacific Railroad tracks; and
Whereas, IIW Associates. P.C.. Dubuque,
Iowa has prepared and submitted to the Cily
Council a plat showing the vacated portion
of Radford Road and assigned lot numbers
thereof, which hereinafter shall be known
and described as Lot A of Duboque Indos-
ttial Center 7th Addition and Lot A to
Dubuque Industtial Center 5th Addition in
the City of Duboque. Iowa; and
Whereas. the Cily Cooncil of the Cily of
Doboque, Iowa has determined that this por-
tion of Radford Road is no longer required
for poblic use, and vacating and sale of said
portion of Radfoni Road known as Lot A of
Dobuque Indosttial Center 7th Addilion and
Lot A to Dubuqoe Induslrial Center 5th
--- ~---
Addilion in the City of Duhuquc, Dubuque
County, Iowa should he approved.
NOW, THEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Sec:llon I. That the City of Dubuque
intends to dispose of its interest in Lot A of
Duboque Industtial Center 7th Addition and
Lot A to Dubuque Industtial Center 5th
Addilion in the City of Dohuque. Iowa.
Sec:llon 2. That the conveyance of Lot A
of Duboque Indosttial Park 7th Addition and
Lot A to Dubuque Industtial Center 5th
Additioo in the City of Dubuque, Iowa to
Duboque In-Fotoro, Inc. he for the sum of
$1.00 and other good and valoable
consideration.
Section 3. That the Cily Qerk he and is
hereby authorized and directed to caose
nolice of intent to dispose of said real estate
in the manner as prescribed by law.
Passed. approved and adopted this 16th
day of July. 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Pratt moved adoption of
the Resolulion. Seconded by Cooncil
Member Voetberg. Canied hy the following
vote: Yeas-Mayor Brady. Cooncil Members
Deich. Heckmann. Kluesner. Nicholson,
Ptatt, Voetherg. Nays-None.
Communicalion of Zoning Conunission
advising of their approval to rezone pmperty
located at 90 John F. Kennedy Road from R-
I to C-3 zoning. presented and read. Council
Member Kluesner moved that the communi-
cation he received .,od filed. Seconded by
Council Member Pratt Canied by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner.
Nicholson, Pratt, Voetherg. Nays-None.
,
An Otdinance Amending Zoning Otdi-
nance by reclassifying pmperty at the rear of
90 John F. Kennedy Road from R-I Single-
Family Residential Disttict to C-3 General
Commercial Disttic~ presented and read.
.~
404
Regular Session, July 16, 1990
Council Memher Kluesoer moved that this
he considered the first reading of the
Otdinance. and that the reqnirement that a
proposed Ordinance he considered and voted
on for passage at two council meetings prior
to the meeling at which it is to be finally
adopted he sospended and forther moved that
a Puhlic Hearing he held on the Proposed
Otdinance on the 6th day of Augus~ 1990 at
7:30 p.m. in the Public Library Auditoriom
and that the Cily Clerk publish nolice in the
manner prescribed hy law. Seconded by
Cooncil Member Pratt. Canied by the
following vote: Yeas-Mayor Brady.
Cooncil Members Deich. Heckmann.
Kluesner, Nicholson, Prall, Voetberg.
Nays-None.
Communicalion of City Manager suhotit-
ting bidding docoments for the conslrUclion
of portions of 5th SIree~ 6th SIree~ Bell
Sttee~ Adams Slreet and 4th Street in
associalion with the development of the
Peninsula area for riverboat gambling.
presented and read. Council Member
Voetherg moved that the communicalion he
received and filed. Seconded by Cooncil
Member Pratt Canied by the following vote:
Yeas-Mayor Brady. Council Members
Deich, Heckmann. Kluesner. Nicbolson,
Pratt, Voetherg. Nays-None.
RESOLUTION NO. 297-90
PRELIMJNARY APPROVAL OF
PLANS AND SPECIFICATIONS.
NOW. THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plans, specifications.
form of contract and eslimated cost for the
Foorth Street Peninsula - P.C. Concrete
Paving and Drainage ~ec~ in the esti-
mated amount of $891.126.09. ate herehy
approved and ordered filed in the offiee of
the City Clerk for puhlic inspection.
Passed. approved and adopted this 16th
day of July, 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Council Member Vnetberg moved adop-
tion of the Resolulion. Secoeded by Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady, Council Memhers
Deich. Heckmann. Kluesner. Nicholson.
Pratt, Voetberg. Nays-None.
RESOLUTION NO. 298-90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas. the Cily Cooncil of the City of
Duboque. Iowa has given its preliotinary
approval on the proposed plans. specifica-
lions. and form of contract and placed same
on file in the office of the City Clerk for
poblic inspeclion of the Foorth Street
Peninsula - P.C. Concrete Paving and
Drainage Project
NOW. THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 20th day of Augus~ 1990. a
public hearing will he held at 7:30 p.m. in
the Puhlic Library Aoditorium at which time
interested persons may appear and be heard
for or against the proposed plans and speci-
ficalions, form of contract and cost of said
improvemen~ and the City Clerk he and is
hereby directed to cause a notice of time and
place of such hearing to be pohlished in a
newspaper having general circulalion in the
City of Dobuqne. Iowa, which nolice shall
be not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing. any interested
person may appear and file ohjections to the
proposed plans. specificalions, contrac~ or
estimated cost of the improvement
Passed. adopted and approved this 16th
day of July, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resololion. Seconded by Council
Member Pratt. Canied by the following vote:
Yeas-Mayor Brady. Council Memhers
Regular SeSSion, July 16, 1990
Deich. Heckmann. Kluesner, Nicholson.
Pratt Voetherg. Nays-None.
~LUTION NO. 299-90
ORDERJNG BIDS
NOW, THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Fourth Slreet Peninsula - P.C.
Concrete Paving and Drainage Project is
herehy oniered to he advertised for bids for
construction.
BE IT FURTHER RESOLVED. that the
amount of the securily to acoompsny each
bid shall he in an amount which shall
conform to the provisions of the nolice to
bidders hereby approved as a part of the
plans and specificalions heretofore adopted.
That the Cily Clerk is hereby dinected to
advertise for bids for the conslIUclion of the
improvements herein provided, to he pub-
lished in a newspaper having general cir-
culalion in the Cily of Duboque. Iowa, which
notice shall not he less than fOOl days nor
more than !wenly days prior to the receipt of
said bids at 2:00 p.m. on the 9th day of
Aogus~ 1990. Bids shall he opened and read
by the Cily Clerk at said lime and will he
submitted to the Council for final action at
7:30 p.m. on the 20th day of Augus~ 1990.
Passed. approved and adopted this 16th
dayofJuly. 1990.
AtteSt:
Mary A. Davis
Cily Clerk
James E. Brady
Mayor
Council Member Voetherg moved adop-
lion of the Resolulion. Seconded hy Council
Member Pratt. Canied hy the following vote:
Yeas-Mayor Brady, Council Memhers
Deich, Heckmann. Kluesner. Nicholson.
Pratt, Voetherg. Nays-None.
Communicalion of Ernestine Moss
requesting to address the City Council
regarding a complete and impartial
investigalion of Dobuque Police Depart-
ment's treatment of otioorilies and in
parlicular Mr. Williams of Ohio and
405
communicalion of City Manager reporting on
invesligalive stop of Mr. Arnold B. Williams
on June 22, 1990, presented and read.
Ernestine Moss spoke to her communication.
Council Member Pratt moved that the
communicalion he received and filed.
Seconded by Council Member Voetherg.
Carried by the following vote: Yeas-Mayor
Brady. Cooncil Members Deich, Heckmann,
Kluesner, Nicholson, Prall, Voetberg.
Nays-None.
Council Member Nicholson forther moved
that it be resolved to adopt altemalives with
revisions: (I) acceptance of Police report
with attachments as sufficient basis to
publicly declare that although the receplion
that Mr. Williams received was regrettable
there is no effident reasons to helieve that
the officers funclioned in a racism manner
and their aclions appears to have been
reasonable and in good faith; (2) Because of
the communily need and desire to reassure
itself of the report. the City Council requests
an independent investigalion by the Federal
Bureau of Investigation of our handling of
the Williams case. Seconded by Cooncil
Member Voetherg. Canied by the following
vote: Yeas-Mayor Brady. Cooncil Members
Deich. Kluesoer. Nicholson. Prall, Voetherg.
Nays-Council Member Heckmann.
Communicalion of Tori Goodmann
endorsing the Cily to set op a task force to
ereste a plan of aclion to preserve, provide
and promote affoniable housing in the Cily
of Dobuque. presented and read. Council
Member Pratt moved that the communication
he received and filed and referred to the
Housing Conunission with a recommendalion
to study the entire issue and coordinate with
the Planning Conunission. Seconded by
Cooncil Memher Nicholson. Canied hy the
following vote: Yeas-Mayor Brady. Coun-
cil Memhers Deich, Heckmann. Kluesner.
Nicholson. Prall, Voether ¡. Nays-None.
Communicalion of City Manager recom-
merxfing establishment of a Handicapped
Padring Review Committee. presented and
read. Council Member Kluesner moved that
the commonication he received and filed.
Seconded by Council Memher Pratt. Canied
by the following vote: Yeas-Mayor Brady,
Council Memhers Deich, Heckmann,
- -- - ~
"',.
Regular Session, July 16, 1990
NOW, TIlEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
Section I. That a Handicapped Parking
Review Committee is estahlished effeclive
upoo adoption of this resolulion and that this
Committee will he comprised of five
members appointed by the City Manager to
represent the handicapped of the community
and five members appointed by the City
Manager to represent public officials. Three
Handicapped Parking Review Committee
members will he appointed to serve two year
termS and two will be appointed to serve one
year terms. These terms will conlinue ontil a
soccessor is duly appointed by the Cily
Manager. City officials' 1erms will conlinue
ontil they are nolified by the Cily Manager
that their servioes are no longer required
and/or they leave City employment A Com-
mittee member may be removed at any lime
with or withoot caose by the Cily Manager.
Committee members will serve without
compensalion except for actual expenses.
The Handicapped Parking Review Com-
mittee will meet a minimum of once per year
for the annoal uli1izatioo review process.
Passed. approved and adopted this 16th
day of July. 1990.
James E. Brady
Mayor
406
Kluesner, Nicholson, Pratt, Voetherg.
Nays-None.
RESOLUTION NO. 300-90
ESTABLISHMENT OF A
MUNICIPAL HANDICAPPED
PAREING REVIEW COMMITfEE.
Whereas. the Cily of Duboque is con-
cerned that there he sufficient parking for
handicapped individuals in the "business
disttict" and
Whereas. the State of Iowa, through
legislation entitled Senate File 2244.
authorizes the establishment of a Municipal
Handicapped Parking Review Committee
comprised of five members to represent the
handicapped of the community and five
members represenling puhlic officials; and
Whereas. the Committee is charged hy
new Sobsection 6 of the Iowa Code to
review exisling reserved handicapped meter
parking spaces in the on and off-street
parking system and to review exisling
reserved handicapped stalls in the municipal
off-street parking system; and
Whereas. the Handicapped Parking
Review Committee will evaluate on an
annual basis uli1ization data of established
handicapped stslls to determine if and to
what extent the handicapped needs of the
City of Dohoqne are being met relalive to
the two percent criteria estahlished by Senate
File 2244; and
Whereas. the Handicapped Parking
Review Committee. based upon their annual
review. will be aothorized to increase and/or
decrease the number of spaces allocated hy
the Cily for handicapped parking; and
Whereas. the Handicapped Parking
Review Committee will also be charged with
preparing a definilion of the hosiness disttict
to he submitted in ordinanee form for City
Council approval per Senate File 2244; and
Whereas. the Handicapped Parking
Review Committee will also review any
requests from individuals for changes in the
number and localion of handicapped parking
spaces.
AtteSt:
Mary A. Davis
City Clerk
CoWlcil Member Kloesner moved adop-
tion of the Resololion. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas-Mayor Brady. Cooncil Members
Deich. Heckmann. Kluesner. Nicholson.
Pratt, Voetberg. Nays-None.
BOARDS/COMMISSIONS
Zonin. Board 01 Adiusb11ent
One five year term which will expire 3-
25-95 (term ofD. Redding). Applicant: Terry
Duggan. Cooncil Member Pratt moved that
Terry Doggan he appointed for a five Yeal
term which will expire 3-25-95. Seconded by
CoWlcil Memher Heckmann. Canied by the
following vote: Yeas-Mayor Brady.
Council Members Deich, Heckmann,
Kluesner. Nicholson. Pratt, Voetherg.
Nays-None.
Regular SeSSion, July 16, 1990
407
Cable Telenroora"nmn. Commission
Three 3-Year terms which will expire
June 30, 1993 (Terms of Hoverman.
O'Connell. " Corso). Applicants: Sr. Carol
Hoverman and Deunis Corso. Council
Member Kloesner moved that Sr. Carol
Hoverman and Dennis Corso he reappointed
to terms that expire 6-30-93. Seconded by
Council Member Pratt Carried by the
following vole: Yeas-Mayor Brady,
Council Members Deich, Heckmann.
Kluesner, Nicholson. Pratt Voetherg.
Nays-None.
Human Ri.hts Corrunission
One unexpired term which will expire
January I, 1991 (term of K. Hindman) and
one unexpired term which will expire
January I. 1993 (term of R. Watkins).
Applicants: Floyd Cook, Wm. Gibbs. Brenda
Hager. Cynthia Muchna, Robert Nagle.
Michael O'Meara, Tim Piggott, Roger
Powers, Terranoe J. Reisdorf. Sr., Steven M.
Rohner. Terty Reisdorf. Brenda Hager. Floyd
Cook and Michael O'Meara Jr. spelre
requesling appointment
First vote for term expiring 1/1193: Mayor
Brady voted for Reisdorf; Council Member
Deich voted for O'Meara; Council Memher
Heckmann voted for PiggOtt; Council
Member Kluesner voted for Reisdorf;
Council Member Nicholson voted for
O'Meara; Council Member Pratt voted for
Reisdorf; Council Member Voetherg voted
for Reisdorf. Therefore Terranoe Reisdcrf.
Sr. appointed to the Human Rights Commis-
sion for an unexpired term which will expire
January I. 1993.
Second vote - For term expiring 1-1-91:
Mayor Brady voted for Cook; Council
Member Deich voted for O'Meara; Council
Member Heckmann voted for PiggOtt;
Council Memher Kluesner voted for Piggott;
Council Memher Nicholson voted for
O'Meara; Council Member Pratt voted for
Hager; Council Member Voetherg voted for
Hager.
There being no majority another vote was
taken for the term expiring 1-1-91:
Mayor Brady voted for Hager; Cooncil
Member Deich voted for O'Meara; Cooncil
Member Heckmann voted for PiggOtt;
Council Member Kluesner voted for Hager;
Council Member Nicholson voted for
- ,- - --
O'Meara; Council Member Pratt voted for
Hager; Council Member Voetherg voted for
Hager. Therefore. Brenda Hager appointed to
fill an onexpired term which will expire
January I, 1991.
Park and Reerealion Commission
Two unexpired terms which will expire 6-
30-93 (Terms of L. GalIiart " G.
Thompson).
Applicants: Unda Ehlen, Lyle Gal1iart,
Charles Isenhart, Sally Madden. Robert
Reisch. Gene Thompson.
Mayor Brady voted for Gaillart and
Thompson; Council Member Deich voted for
Gaillart and Thompson; Council Member
Heckmann voted for Madden and Thompson;
Council Member Kluesner voted for Gaillart
and Thompson; Cooncil Memher Nicholson
voted for Gaillart and Thompson; Council
Member Pratt voted for Gaillart and
Thompson; Council Memher Vœtherg voted
for Gaillart and Thompson. Therefore Lyle
Gaillart and Gene Thompson were
reappointed to terms which expire 6-30-93.
Communicalioo of City Manager request-
ing approval of an agreement with Iowa
DOT for RISE fonding for fifty percent of
the cost of the construclion of Fifth. Sixth
and Bell Streets in the loe Harbor Peninsula
area, presented and read. Council Memher
Pratt moved that the communicalion he
received and filed. Seconded by Council
Member Vœtherg. Canied by the following
vote: Yeas-Mayor Brady. Council Members
Deich. Heckmann. Kloesner. Nicholson.
Pratt, Vœtherg. Nays-None.
RESOLUTION NO. 301-90
RESOLUTION APPROVING
AGREEMENT FOR RISE FUNDING
WITH THE IOWA DEPARTMENT
OF TRANSPORTATION.
Whereas. reconstruclion of Fifth Stree~
Sixth Street and Bell Street in the Ice Harbor
area are a component in the conceptual plan
for development of the area for riverboat
gambling; and
Whereas. total cost of the improvements
of these three slreets is estimated at
$639.199.00; and
-
';:'"
Regular Session, July 16, 1990
Paving Program and communicalion of City
Manager recommending to award contract
for projec~ presented and read. Council
Member Voetberg moved that the proof and
communicalion he received and filed.
Seconded by Council Member Heckmann.
Carried by the following vote: Yeas-Mayor
Brady. Council Members Deich. Heckmann.
Kluesner, Nicholson. Prat~ Voetberg.
Nays-None.
RESOLUTION NO. 302-90
AWARDING CONTRACT
Whereas. sealed proposals have been
submitted by contractors for the 1990
Asphalt Paving Project pursuant to Resolu-
tion No. 271-90 and nolioe to bidders pub-
lished in a newspaper published in the City
of Dubuque, Iowa on the 28th day of June,
1990.
Whereas. said sealed proposals were
opened and read on the 10th day of July.
1990 and it has been determined that the bid
of River City Paving. Inc. of Dubuque. Iowa
in the amount of S371.585.36 was the lowest
bid for the furnishings of all lahnr and
materials and perfonning the work as pro-
vided for in the plans and specificalions.
NOW, TIlEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
That the cootract for the above
improvement be awarded to River City
Paving. Inc. and the Manager be and is
hereby directed to execute a contract on
behalf of the Cily 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 16th
day of July. 1990.
408
Whereas. an applicalion was made with
the Iowa Deparunent of Transportation for
Rise fundin8 to assist in cost of these
transportalion improvements: and
Whereas. the Iowa Department of Trans-
portalion has approved the RISE grant of not
to exceed S319.6oo.oo or fifty (50) percent
of the total cost of the RISE eligible items
whichever is the smaller amount
NOW. TIŒREFORE.BE IT RESOLVED
BY TIΠCITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
Section 1. That the agreement for RISE
funding with the Iowa Deparunent of Trans-
portalion is hereby approved.
SectIon 2. That the Mayor be authorized
and directed to execute copies of this agroe-
ment and to forwani the executed copy to
the Iowa Deparunent of Transportalion for
their execulion.
Passed, approved and adopted this 16th
day of July. 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoplion of
the Resolulion. Seconded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady, Council Members
Deich. Heckmann. Kluesner. Nicholson.
Pratt. Voetherg. Nays-None.
Communicalion of City Manager recom-
mending relocalion of Communily and
Ecooomic Development Department and
requesling approval of the pUIChase of office
furnishings iu an amount not to exceed
SI5.000. presented and read. Council
Member Kluesner moved that the communi-
calion he received and filed and approved
expenditure. Seconded by Council Member
Heckmann. Canied by the following vote:
Yeas-Mayor Brady. Council Members
Deich. Heckmann. Kluesner. Nicholson.
Prat~ Voetherg. Nays-None.
Proof of Publicalion, cerlified to by the
publisher. on Nolice to Bidders of the receipt
of bids for the construction of 1990 Asphalt
..
James E. Brady
Mayor
Attest:
- ----~ ~-~~~
Resular Session, July 16, 1990
Mary A Davis
Cily Clerk
Council Member Voetherg moved adop-
tion of the Resolulion. Seconded by Cooncil
Member Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady. Council
Members Deich. Heckmann, Kluesner.
Nicholson. Prall, Voetherg. NaYS-None.
Communicalioo of City Manager request-
ing Mayor he authorized to sign Amendment
'3 to the Statement of Intent submitted to
HOD. presented and read. Council Member
Voetherg moved that the communicalion he
received and filed. Seconded by Counci1
Member Heckmann. Canied hy the follow-
ing vote: Yeas-Mayor Brady. Counci1
Members Deich, Heckmann. Kluesner,
Nicholson. Prall, Voetherg. Nays-None.
RESOLUTION NO. 303-90
A RESOLUTION AUTHORIZING
THE EXECUTION OF
AMENDMENT '3 TO A
COMMUNITY DEVELOPMENT
BLOCK GRANT STATEMENT OF
IN1ENT SUBMITIED TO THE
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR
CALENDAR YEAR 1990.
Wbereas. under provisions of Tide I of
Housing and Communily Development Act
of 1974. as amended, the Cily of Dobuque
prepared and sobmitted a Statement of Inœnt
on December I, 1989. and Amendment 'I
on March 19, 1990 and Amendment '2 on
AptiI 16, 1990 for a Community Develop-
ment Block Gran~ and
Whereas, the sohmissions have been
approved by the Department of Housing and
Urban Development in the amount of
S2,1I8.000 for a twelve-month program
COmmencing January I. 1990; and
NOW. 'fHBRBFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
Sectloo 1. That the Statement of Inten~
submitted to the U.S. Department of Housing
and Urban Development 00 December I,
1989, and Amendment 'Ion March 19,
1990 and Amendment '2 on April 16. 1990
409
for a Community Development Block Grant
to the Cily of Duboque he amended to
reflect the MI08 Loan Guarantee Applica-
lion for SI,OOO,OOO, and the Mayor of the
City of Duboque he hereby anthorized and
directed to execute the necessary docu-
mentation on hehaIf of the City of Dobuque.
Sec:tloo 2. That the Cily Manager he and
he is hereby authorized and directed to
submit the amendment to the Communily
Development Block Grant Statement of
Intent to the U.S. Department of Housing
and Urban Development and other appro-
priate agencies.
Passed. approved and adopted this 16th
dayofJuly. 1990.
Attest:
Mary A Davis
City Clerk
James E. Brady
Mayor
Council Member Voetherg moved adop-
tion of the Resolulion. Seconded by Cooncil
Member Heckmann. Canied hy the follow-
ing vote: Yeas-Mayor Brady. Council
Members Deich. Heckmann. Kluesner.
Nicholson, Pratt, Voetherg. Nays-None.
Council Member Deich moved that
Council Member Loras Kluesner he
appointed as the Council Member designee
as alternate to the Long Range Planning
Commission. Seconded hy Council Memher
Pratt Carried by the following vote:
Yeas-Mayor Brady. Cooncil Members
Deich, Heckmann. Kluesner. Nicholson.
Pratt, Voetherg. Nays-None.
RESOLUTION NO. 304-90
NOW, 'fHBRBFORE, BE IT RESOL VBD
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
That the following having complied with
the provisions of law relating to the sale of
Cigarettes within the Cily of Duhuque. Iowa,
he ¡canted a peortit to sell Cigarettes and
Cigarette Papers within said Cily.
The Lounge, Phillip R. Love.
481 Locust St
---"-----..
410
Mister Donu~ Norton Fast Foods. Ine..
900 Dodge St Box 569
Noonan's Tap. John W. Noonan.
1618 Central Ave.
Passed, approved and adopted this 16th
day of July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A Davis
City Clerk
Council Member Deich moved adoplion
of the Resolulion. Seconded by Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady. Council Memhers
Deich.Kluesner. Nicholson. Pratt, Voetherg.
Nays-None. Ahstain-Cooncil Member
Heckmann.
RESOLUTION NO. 305-90
Whereas, applicalions for Beer Perntits
have been sohmitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas. the prenlises to he occuped by
such applicants we", inspected and found to
comply with the Otdinances of this Cily and
have filed proper bonds;
NOW, THEREFORE. BE IT
RESOLVED BY TIlE CITY COUNCIL OF
TIlE CITY OF DUBUQUE. IOWA:
That the Manager he authorized to cause
to he issned the following named applicants
a Beer Pennit
CLASS "C" BEER PERMIT
Perlewitz. Inc., Oky Doky *11.
(Sunday Sales), 1101 Rhomherg
CLASS "BE" BEER PERMIT
Dennis A. Althaus, Family Beverage
Center, (Sunday Sales). 3400 Central
Passed, approved and adopted this 16th
day of July, 1990.
James E. Brady
Mayor
AtteSt:
That the Manager he authorized to cause
to he issued the following named applicants
a Uquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
City of Doboque. Doboque Five Flags
Center, Sunday Sales. 4th and Locust
Curtis L Gerhard. Knicker's Saloon.
Sonday Sales. 2180 Central
KAJ. Inc.. Bridge Restaorant/Greyhound
Lounge, Sunday Sales, 31 Locust
Craig J. Weiner. Walnot Tap.
709 University
Passed, approved and adopted this 16th
day of July 1990.
James E. Brady
Mayor
AtteSt:
Mary A Davis
City Clerk
--
Regular SessIon, July 16, 1990
Council Member Deieh moved adoptioo
of the Resolution. Seconded by Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich,Kluesner, Nicholson. Pratt, Voetherg.
Nayo-None. Ahstain-Council Member
Heckmann.
MINIrœs SUBMITIED - Fire Retire-
ment Boani of 6-17; Uinry Boani of
Trustee of 6-21; Civil Service Comotission
of 5-24 & 6-4; Human Rights Comotission
of 6-11, presented and read. Council
Member Deich moved that the nlinu1e8 he
received and filed. Seconded hy Council
Member Voetherg. Cartied by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Heckmann. Kluesner, Nicholson.
Pratt, Voetherg. Nays-None.
Communicalion of Corporalion Counsel
advising of settlement in case of Luensmann
et aI vs. Cily Council, Cily of Duboque, and
Lonu College, presented and read. Cooncil
Member Deich moved that the communica-
tion he received and filed. Seconded by
Council Member Voetherg. Canied by the
following vole: Yeas-Mayor Brady.
Council Members Deich, Heckmann.
Kluesner. Nicholson. Pratt, Voetherg.
Nays-None.
Communicalion of COtpOration Coonsel
advising of adnlinisttative closure by Iowa
Civil Rights Comotission in the charge of
Diane TeIGppe, presented and read. Council
Member Deich moved that the communica-
tion he received and filed. Seconded hy
Council Member Voetherg. Canied hy the
following vote: Yeas-Mayor Brady. Coon-
cil Members Deich, Heckmann. Kluesner.
Nicholson. Pratt, Voetherg. Nays-None.
NOTICES OF CLAIMS/SUITS - Jolie
Jansen in unknown amount for car damages;
Stale Farm Insnrance on hehalf of their
clien~ Patticia Kaone in amount of !ÞI73.97
for car damages; Sally Roy in amount of
$155.62 for car damages; Joan Willenborg in
amount of $129.87 for tire damages; Tom
and Helen Walsh in the amoont of $528.00
for sidewalk repairs; General Castedly
COmpanies on behalf of Joseph Cosham, in
the amount of $2,154.80 for auto damages,
presented and read. Council Member
Voetherg moved that the claims and suits he
referred to Legal Staff for investigation and
-
411
report Seconded by Council Memher
Nicholson. Cartied by the following vote:
Yeas-Mayor Brady, Council Members
Deich. Heckmann. Kluesner. Nicholson.
Pratt, Voetherg. Nays-None.
Communicalions of Corporation Coonsel
advising of administrative cl",ure of car
damage claim of Gary Kaiser; fall/personal
injury claim of Marguerite Loney, !rock
damage claim of Mast & Company. Inc..
presented and read. Council Member Deich
moved that the communicalion he received
and filed. Seconded by Council Member
Voetherg. Cartied hy the following vote:
Yeas-Mayor Brady, Council Memhers
Deich, Heckmann. Kloesner, Nicbolson.
Pratt, Voetherg. Nays-None.
REFUNDS REQUESTED - Main Street
Bil1ianis, $150.00 on onexpired Beer Pernti~
presented and read. Council Member Deich
moved that the ",fund he approved and
Finance Director to issue proper check.
Seconded by Conncil Member Voetherg.
Canied by the following vote: Yeas-Mayor
Brady. Council Members Deich, Heckmann.
Kluesner, Nicholson. Pratt, Voelberg.
Nays-None.
Proof of Puhlication, certified to by the
Publisher. on List of claims paid for month
of May, 1990. presented and read. Council
Member Deich moved that the proof he
received and filed. Seconded by Council
Member Voetherg. Cartied by the following
vote: Yeas-Mayor Brady. Cooncil Members
Deich. Heckmann. Kluesner. Nicholson.
Pratt Voetberg. Nays-None.
Iowa Finance Authority advising the
Martha's Hans ~ect has been filed onder
the Low Income Housing Tax Credit Pr0-
gram, presented and read. Council Memher
Deich moved that the communication he
received and filed. Seconded by Cooncil
Member Voetherg. Cartied by the following
vote: Yeas-Mayor Brady. Council Members
Deich. Heckmann. Kloesner. Nicbolson,
Pratt, Voetherg. Nays-None.
Communicalion ofUniversily ofDuboqoe
requesting vacation of alley located hetween
Algona and Auburn Slreets. presented and
read. Council Member Deich moved that the
communicalion he refened to the City
Manager. Seconded by Council Member
""..
Regular Session, July 16, 1990
Mary A. Davis
City C1erk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady. Cooncil Members
Deich. Kluesner. Nicbolson. Prall, Voetherg.
Nays-None. Ahstain-Cooncil Member
Heckmann.
RESOLUTION NO. 306-90
Whereas. applicalions for Liqoor
Licenses have been sohnlitted to this Cooncil
for approval and the same have been
examined and approved; and
Whereas. the premises to he occupied
by soch applicants were inspected and found
to comply with the State Law and all City
Otdinances ",levant thereto and they have
filed pmper bonds;
NOW, THEREFORE, BE IT
RESOLVED BY TIlE CITY COUNCIL OF
TIlE CITY OF DUBUQUE. IOWA;
Regular Session, July 16, 1990
Whereas, pursoant to the rules and
regulations as promulgated by the U.S.
Deparnnent of Hoosing and Urban Develop-
men~ an environmental review has been
processed for the hereinafter described
project to he finanoed with Community
Development Block Grant funds; and
Whereas. an ad hoc Environmental
Review Committee on Joly 9,1990 has after
due consideralion made a determinalion that
the project is not a majer Federal aclion
significantly affecting the qoallty of the
homan environment
NOW, THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
412
Voetberg. Canied by the following vote:
Yeas-Mayor Brady. Council Members
Deich. Heckmann. Kluesner. Nicholson.
Pratt, Voetherg. Nays-None.
Communicalion of David Rusk submitling
his resignalion from the Dock Board.
presented and read. Council Member Deich I
moved that the communicalion received and
filed and accepted with regret Seconded by
Cooncil Member Voetherg. Canied by the
following vote: Yeas-Mayor Brady. Coun-
cil Members Deich. Heckmann. Kluesner.
Nicholson. Prall, Voetherg. Nays-None.
Petition of residents of Saint Mary's
Stteet requesling one way from W. 3rd
Stteet to Emmett Sttee~ presented and read.
Cooncil Member Pratt moved that the peti-
tion be referred to City Manager. Seconded
hy Council Member Voetherg. Canied by
the following vote: Ycas-Mayor Brady.
Cooncil Memhers Deich. Heckmann.
Kluesner. Nicholson. Prat~ Voetherg.
Nays-None.
Communicalion of City Manager reqoest-
ing authorization to puhlish Nolice of
Environmental Review Findings for the
Nordsbom, Inc. projec~ presented and read.
Cooncil Memher Deich moved that the com-
municalion be received and filed. Seconded I
by Council Member Voetherg. Canied by
the following vote: Yeas-Mayor Brady.
Council Members Deich. Heckmann.
Kluesner. Nicholson. Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 307-90
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT.
Whereas, the City of Duhuque entered
into a Grant Agreement for the Calendat
Year commencing March 22. 1990 with the
U.S. Deparnnent of Housing and Urban
Developmen~ providing for financial
assistance to the Cily onder Title I of the
Housing and Communily Development Act
of 1974, as amended; and
Sedl... 1. That the City Clerk he and she
is herehy authorized and directed to publlsh
a Nolice of Finding of No Significant Effect
on the Environment for Nordstrom, Inc. Pro-
jec~ and to make the Environmental Review
Reconi for said project available for public
inspection. Such oolice shall he in the form
of Exhibit" A" attached hereto and made a
part hereof.
Nordsbom, Inc.
Sedl... 2. That the City of Duhuqoe
hereby declares its intent to adopt a
resololion at its meeling of August 6. 1990.
authorizing the sobmission of a request to
the U.S. Deparnnent of Housing and Com-
munity Development to undertake the
project
Passed. appmved and adopted this 16th
day of July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Cooncil Memher Deich moved adoption
of the Resolulion. Seconded by Council
Member Voetherg. Canied by the following
vote: Yeas-Mayor Brady, Cooncil Members
Deich. Heckmann. Kloesner, Nicholson,
Pratt, Voetherg. Nays-None.
Communicalion of Zooing Commission
approving final plat of the subdivision of
Regular SeSSion, July 16, 1990
413
Lots I. 12. 13. 14. 15, 16 and 17 in the
Indosttial Subdivision #2. presented and
read. Council Member Deich moved that the
communicalion he received and filed.
Seconded by Council Member Voetherg.
Canied by the following vote: Y cas-Mayor
Brady. Council Members Deich. Heckmann.
Kluesner. Nicholson. Prall, Vœtberg.
Nays-None.
RESOLUTION NO, 308-90
A RESOLUTION APPROVING TIlE
FINAL PLAT OF TIlE SUBDIVI-
SION OF WTS 1,12.13.14, 15, 16
AND 17 IN TIlE INDUSTRIAL SUB-
DIVISION NO. 2, IN TIlE CITY OF
DUBUQUE, IOWA
Whereas. there has been filed with the
Cily Clerk a final plat of the Subdivision of
Lots I. 12. 13. 14. 15. 16 and 17 in the Cily
of Dubuque, Iowa; and
Whereas, said final plat has been
exantined hy the Cily Zoning Commission
and had its approval endorsed thereon; and
Whereas. said final plat has been
exantined by the Cily Council and the Cily
Council finds that the same conforms to the
stalutes and ordinances relaling thereto.
NOW, TIlEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
SedJon 1. That the ahove-described final
plat he and the same is hereby appmved and
the Mayor and Cily Clerk are hereby autho-
rized and directed to endorse the appmval of
the City of Doboque upon said final plat
Passed, approved and adopted this 16th
day of July. 1990.
AtteSt:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Deich moved adoplion
of the Resolution. Seconded hy Council
Member Voetherg. Canied by the following
vote: Y cas-Mayor Brady, Council Members
Deich. Heckmann. Kluesner. Nicholson,
Pratt, Voetherg. Nays-None.
Communicalion of City Manager recom-
mending acceptance of Jackson Street
Sanitary Sewer Reconstruction located
hetween 32nd Street and the alley hetween
Eoclid and Aquin Streets. presented and
read. Cooncil Member Deich moved that the
communicalion he received and filed.
Secooded by Council Member Vœtherg.
Canied by the following vote: Yeas-Mayor
Brady. Council Members Deich. Heckmann,
Kluesner. Nicholson, Prall, Vœtberg.
Nays-None.
RESOLUTION NO. 309-90
ACCEPTING IMPROVEMENT
Whereas. the conlIact for the Jackson
Street Sanitary Sewer Reconstruelion has
been completed and the Cily Manager has
exantined the work and filed his certificate
staling that the same has been completed
according to the terms of the conlIac~ plans
and specifications and recommends it accept-
ance.
NOW, TIlEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Sedlon 1. That the recommendalion of
the City Manager he approved and that said
improvement he and the same is hereby
accepted.
BE IT FURTIffiR RESOLVED that the
Cily Treasurer he and he is hereby directed
to pay to the contractor from the Sanitary
Sewer Construclioo Fund in amount eqnal to
the amoont of his conlIac~ less any retained
percentage provided for therein.
Passed. approved and adopted this 16th
day of July. 1990.
Attest:
Mary A. Davis
Cily Clerk
James E. Brady
Mayor
Council Member Deich moved adoption
of the Resolotion. Seconded by Council
Member Vœtherg. Canied by the following
vote: Yeas-Mayor Brady, Cooncil Members
Deich. Heckmann. Kluesner. Nicholson,
Prall, Voetherg. Nays-None.
-
414
Regular Session, July 16, 1990
RESOLUTION 310-90
FINAL ESTIMATE
Whereas. the con1ract for the Jackson
Street Sanitsry Sewer ReconSlIUction has
been completed and the City Engineer has
submitted his final estimate showin8 the cost
thereof including the cost of estimates.
nolices and inspeclion and all ntiscellaneous
costs:
NOW, THEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. That the cost of said improve-
mentis herehy determined to be 5127.021.86
and the said amount shall be paid from the
Sanitsry Sewer ConslIUclion Fund of the
City of Duboque. Iowa.
Passed. approved and adopted this 16th
day of July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
Cily Clerk
Council Member Deich moved adoption
of the Resolotion. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich. Heckmann. Kluesner. Nicholson.
Pratt, Voetherg. Nays-None.
July 11. 1990
Honorable Mayor and
Members of the Cily Cooncil
In accordance with the Rules and Regula-
lions established by the Civil Service
Commission on Fehroary 13. 1984. we do
herehy certify that the following have soc-
cessfully passed the reqoited exams and have
attained the necessary oertificalion for the
posilion of "Ambulance Medical Offi=".
Mark Ludescher
Jeffrey Udelhofen
William Laban
Respectfully sobmitted.
Gerald J. Koppes. Chairperson
Pat Dillon. Civil Service Conunission
- -
AtteSt:
Mary A. Davis
Secretsry
Council Member Deich moved that the
communicalion he received and ftled and
made a matter of record. Seconded by
Council Member Voetherg. Carried by the
following vote: Yeas-Mayor Brady. Coun-
cil Members Deich. Heckmann. Kluesner.
Nicholson. Prall, Voetherg. Nays-None.
There being no forther bosiness. Cooncil
Member Voetherg moved to adjourn the
meeling. Seconded by Council Memher
Nicholson. Canied by the following vote:
Yeas-Mayor Brady. Cooncil Members
Deich. Heckmann, Kluesner. Nicholson.
Pratt, Voetberg. Nays-None.
Meeling adjourned at 10:51 p.m.
Mary A. Davis
City Clerk
.1991.
AtteSt: ~
~/i.
City Clerk
S¡>,ecfal SeSsion, July 23, 1990
415
~~ -- -.~-
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session. July 23. 1990.
Council met at 4:30 p.m.. Conference
Room "B". Cily Hall.
Present: May,", Brady, Council Memhers
Deich. Heckmann. Kluesner, Nicbolson.
Pratt Voetherg. Cily Manager W. Kenneth
Gearhart, COI}X>1'8.lion Counsel Barty A.
Undahl.
Mayor Brady read the call and stated this
is a Special Session of the Cily Council
called for the purpose to act upon approving
the disposing of certain property in !he lee
Harbor Urban Renewal Disttict and acling
opon soch bosiness which may pmperly
come before the Council.
RESOLUTION NO. 311-90
RESOLUTION ESTABLISHING THE
LEASE PRJCE FOR TIlE DISPOSJ-
TION OF CERTAIN PROPERTY IN
THE ICE HARBOR URBAN
RENEWAL DISTRICT AND
FINDING THAT THE PROPOSAL
OF DUBUQUE RACING ASSOCIA-
TION. LTD., EQUALS OR EXCEEDS
TillS LEASE PRJCE.
Whereas. this Council. by Resolulion No.
250-90 dated June 18. 1990. directed the
Cily Manager to have prepated an appraisal
of the property within the Ice Harbor Urban
Renewal Disttict to he leased for an excur-
sion gamhling boat to assist the Council in
setting the fair marli:et value of said property;
and
Whereas. the Cily Manager retained the
services of Iowa Appraisal and Resean;h
Corporation to conduct said appraisal, which
appraisal is attached hereto and made a put
hereof; and
Whereas, said appraisal reconunends a
marli:et rent fer the disposition property for
... in accordance with the Urban Renewal
Plan at 5496,000.00 per year; and
Whereas. said appraisal further states that
the lease terms incladed in the proposal of
Dubuque Racing Association. Ltd.. would
over the term of the lease eqnal or exceed
the estimate of total market rent
NOW, TIlEREFORE, BE IT RESOLVED
BY TIm CITY COUNCIL OF TIm CITY
OF DUBUQUE. IOWA:
Section I. That the appraisal of Iowa
Appraisal and Resean;h Corporation for the
market rental for the Ice Harbor urban
renewal disposition property is hereby
accepted and approved.
SectIon 2. That the market rent for the Ice
Harbor disposition property he established at
5496.000.00 per year.
Section 3. That the Cily Council hereby
finds that the proposal of Duboqoe Racing
Association. Ltd.. for lease of the disposition
property provides for lease terms which
eqoal or exceed the market rent established
hereinabove.
Passed. approved and adopted this 23rd
dayofJuly. 1990.
AtteSt:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetherg moved adop-
tion of the Resolulion. Seconded by Council
Member Pratt Carried hy the following
Yeas-Mayor Brady. Council Members
Deich, Heckmann. Kluesner. Nicholson.
Pratt, Voetherg. Nays-None.
Proof of publication. certified to hy the
Publisher, of Official Publicalion of Resolo-
tion No. 250-90 Resolulion (I) Approving
the Minimum Reqoirements, Compelilive
Criteria, Offering Documents and Prooedures
for Disposition of Certain Urban Renewal
Projec~ (2) Determining that the Proposal
sobmitted by Dubuque Racing Assn. satisfies
the offering reqnirements and declating the
intent of the City to enter into Lease
Agreement by and hetween the City of
Dubuque and Dubuque Racing Assn. in the
event that 00 competing proposals are
submitted; and (3) soliciting compeling
proposals. presented and read. Council
Memhea- Voetherg moved that the proof of
publicalion he received and filed. Seconded
by Council Memher Pratt Canied by the
following vote: Yeas-Mayor Brady. Coun-
cil Members Deich, Heckmann. Kluesner,
Nicholson. Prall, Voetberg. Nays-None.
Special Session, July 23, 1990
RF.'iOLUTION NO. 313-90
RESOLUTION ACCEPTING THE
PROPOSAL FOR LEASE OF
CERTAIN PROPERTY IN THE ICE
HARBOR URBAN RENEWAL
DISTRICT. APPROVING A LEASE
AGREEMENT AND AMENDMENT
TO LEASE AGREEMENT FOR
SAME. AND AUTHORIZING THE
ACTIONS TO IMPLEMENT SAID
LEASE AGREEMENT AND
AMENDMENT TO LEASE
AGREEMENT.
416
RESOLUTION NO. 3U-90
A RESOLUTION DETERMINING
THAT THE PROPOSAL OF
DUBUQUE RACING ASSOCIA-
TION, LID.. IS IN COMPLIANCE
WITH THE TERMS OF OFFERING
FOR DISPOSITION OF CERTAIN
PROPERTY IN THE ICE HARBOR
URBAN RENEWAL DISTRICT.
Whereas. this Council. by Resolution No.
25(}'9O dated June 18, 1990. ncrninated the
City Clerk as Agent of the City of Dohuque.
Iowa, to receive and open 00 July 23. 1990.
at 10:00 a.m. proposals in competitioo to the
proposal of Duboque Racing Assncialion.
LttL. referred to in said ",solution for the
lease of certain property in the Ice Harbor
Urban Renewal Disttict for use in accor-
dance with the tennS and condilions set forth
in said Resolulion 25(}'90; and
Whereas, the City Clerk has reported to I
this Cooncil that no qoalified, compeling
proposals were suhmitted.
NOW. THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Sedlon 1. That the report of !he City
Clerk that no qoalified. competing proposals
were submitted hy 10:00 a.m. 00 July 23.
1990, for the lease of certain property in the
Ice Harbor Urban Renewal Disttict he
received, filed and adopted.
Sedlon 2. That it is hereby determitted
that the proposal of Dohoque Racing
Association, LttL. for lease of said property
is the only proposal which satisfies the tennS
and condilions of the offering set fcrth in
Rosolulion No. 25(}'9O adopted by this
Council on June 18. 1990.
Passed. approved and adopted this 23rd
day of July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolulion. Seconded by Council
Member Pratt Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich. Heckmann. Kluesner. Nicholson,
Pratt Voetherg. Nays-None.
...'" -
Whereas. this Council. by Resolution No.
25(}'9O dated June 18. 1990:
1. Approved the minimom requirements,
competilive eriteria, offering docwncnts and
procedores for disposilion of certain urban
",newal property;
2. Determined that the proposal submitted
by Duboque Racing Association. Ltd.. salis-
lies the requirements of said offering;
3. Declated its intent to accept the
Doboque Racing Assncialion. Ltd., proposal
and to enter into a Lease Agreement hy and
hetWeen the Cily of Duhuque and Duboque
Racing Associalion. Ltd., in the event no
other qualified proposals were timely
submitted for lease of said property; and
4. Invited competing proposals which met
the terms and conditions of said offering to
he sohmitted to the City Clerk on or heforc
10:00 a.m.. July 23. 1990; and
Whereas. on June 21, 1990. the text of
said resolulion was pohlished as !he official
notice of this offering and of the intent of
the Cily of Dohoque, Iowa, in the event no
other qoalified proposals were limely sob-
mitted, to enter into the Lease Agreement hy
and between the Cily of Dubuque and
Doboque Racing Associatioo. Ltd.; and
Whereas, by sepatate resolution of this
dale, this Council has received and approved
as its own the report of !he Cily Clerk that
no other qoalified proposal was ICCCived;
and
Whereas, it is the determination of this
Council that acceptance of !he proposal and
--
SpecIal SessIon, July 23, 1990
lease of the disposition parcel by Dubuque
Racing Association. LttL, according to the
terms and condilions set out in the attached
Lease Agreement and Amendment to Lease
Agreement is in the public interest of the
citizeOJ of the Cily, and is consistent with
the Cily's Urban Renewal Plan for the Ice
Harbor Urban Renewal Disttict
NOW, THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sec:tlon I, That the attached Lease
Agreement and Amendment to Lease Agree-
ment hy and between the Cily of Duhoque
and Duboque Racing Association. Ltd., are
in the poblic interest of the citizens of the
City of Dubuque and in furtherance of the
City's Urban Renewal Project and are hereby
approved.
Sec:tlon 2. That the Mayor is hereby
authorized and directed to execute said
Agreement and Amendment on hehalf of the
City and the Cily Clerk is aothorized and
directed to atteSt to his signature and to affix
the Seal of the City to the same.
Section 3. That the City Manager is
authorized to take such aclions as are
neceasary to comply with the tenns of the
Lease Agreement and Amendment to Lease
Agreement as herein approved.
Passed, approved and adopted this 23rd
day of July. 1990.
AtteSt:
Mary A. Davis
Cily Clerk
James E. Brady
Mayor
Council Member Voetherg moved adop-
tion of the Resolution. Seconded hy Council
Member Pratt Canied hy the following vote:
Yeas--Mayor Brady, Council Memhers
Deich. Heckmann. Kluesner, Nicbolson.
Pratt Voetherg. Nays-None.
RESOLUTION NO. 314-90
A RESOLUTION AUTHORIZING
THE ISSUANCE OF $4.000.000
URBAN RENEWAL TAX INCRE-
MENT REVENUE. TAXABLE
SERIES 1990, AND PROVIDING
- --- --
417
FOR THE SECURING OF SUCH
BONDS FOR THE PURPOSE OF
CARRYING OUT AN URBAN
RENEWAL PROJECf IN THE CITY
OF DUBUQUE. IOWA.
DESIGNATED AS THE ICE
HARBOR URBAN RENEWAL
PROJECT.
Whereas, the Cily of Dubuque. Iowa, (the
"City" or the "I..ocr") did heretofore adopt
an urban renewal plan by rosolulion of this
City Council on Decemher 18. 1989. (the
"Urban Renewal Plan"). in which plan there
is to he canied oot an urban renewal project
designated as the Ice Ratbor Urban Renewal
Projec~ (the "Project"); and
Whereas. it is presendy estimated that !he
costs of carrying out the pwposes and provi-
sions of the Projec~ inclnding the purpose
set forth in Section 3 hereof, exceed
$4.000.000 and provisioos must now he
made by the Cily to provide for the payment
of such costs by the issoance of bonds; and
Wheresu. the Cily did, on December 18.
1989, adopt Ordinance No. 66-89. (the
"Otdinance"). under which the taxes levied
on the taxable property in the Project area
shall he divided. and a special fund created
under the aothorily of Section 403.19(2) of
the 1989 Code of Iowa, as amended, (which
special fund is hereinafter referred to as the
"Urban Renewal Tax Reveoue Fund" or the
"Revenue Fund") which fund was created in
order to pay the principal of and interest on
loans. monies advanced to or indebtedness
whether funded. refunded, assomed, or other-
wise. including bonds i..oed under the
authorily of Seclion 403.9(1) of the Code of
Iowa, as amended. incurred hy the Cily to
finance or refinance in whole or in pan the
Projec~ and pursuant to which Otdinance
such Revenue Fund may he irrevocably
pledged hy the City for the payment of
principal and interest on such indebtedness;
and
Wheresu. the City has. by Resolution No.
313-90 adopted July 23. 1990. approved the
disposilion of certain real property within the
Project area to Dobuque Racing Associalion,
LttL, an Iowa non-profit corporalion (the
"Associalioo") under the provisions of Sec-
tion 403.8 of the Code of Iowa, pursuant to
the tenns of a Lease Agreement and
..
special Session, July 23,1990
(c) "Corpora" Seal" shall mean the
official scaI of Issuer adopted by the
Governing Body;
(d) "Fiscal Year" shall mean the twelve
months' period hegiuning on July I of each
year and ending on the last dày of June of
the following year, or any other conseculive
twelve-month period adopted by the govern-
ing body or by law as the official accounling
period of the Project;
(e) "Governing Body" shall mean the
Council of the Cily. er its successor in
funclion with respect to the operation and
control of the Projec~
(0 "Independent AoditO<" shall mean an
independent firm of Certified Public
Accoontants or the Aoditor of the State;
(g) "Issoer" and "City" shall mean the
City of Dubuque. Iowa;
(h) "Le.sse" shall mean the Le.sse
Agreement and Amendl1lent to Le.sse
hetween the City. as lessor. and Dubuque
Racing Association. Lid. (the "Associalion").
as leasee, as approved hy the Governing
Body of the Issuer on July 23, 1990. relaling
to certain œaI property located within the
Project area;
(i) "Original Pruchaser" shall mean the
purchasers of the Bonds from Issuer at the
time of their original issoance;
0) "Parily Obligalions" shall mean Urban
Renewal Tax Increment Revenue Bonds or
Notes payable solely from the Net Revenues
of the Project on an eqoal basis with the
Bonds herein authorized to he issued;
(k) "Paying Agent" shall he the City
Treasurer. or such soccessor as may be
ap XOved hy Issuer as provided herein and
who shall carty out the dulies prescrihed
herein as Issuer's Agent to provide for the
payment of principal of and interest on the
Bonds as the same shall become due;
(I) "Project" or "Urban Renewal Project"
shall mean the costs of aiding in the
planning, ondertaIting and carrying oot of the
urban renewal project designated as the "Ice
Hatbor Urban Renewal Disttict Project";
418
Amendment to Le.sse dated July 23. 1990
(colleclively. the "Lease"); and
Whereas, the Le.sse obligateS the Aasocia-
tion to lease certain œaI property in the
Project area from the Cily and, in consider-
ation thereof, to pay to the City such
amounts as ate necessary to pay principal of I
and interest on City bonds issued for the
pwpose of paying Project costs; and
Whereas. this Council has foond and
determined that payments to he received by
the City under the Le.sse constitute a source
in aid of the Project within the mearling of
Section 403.9(1); and
Whereas, it is now necessary and advis-
able that provisions he made for the issoance
of bonds to the amount of $4.000,000 pur-
suant to the provisions of Section 403.9(1) of
the Code of Iowa, payable solely from the
income and prooeeds of the Urban Renewal
Tax Revenue Fund and revenues and other
funds of the City derived from or held in
conneclion with the undertaking and carrying
out of the Projec~ and
Whereas. the notice of intention of the
City to take aclion fΠthe issuance of
$4.000.000 Urban Renewal Tax Increment
Revenue Bonds. Taxable Series 1990. has
heretofore been duly published and no
ohjeclions to such proposed aclion have been
filed.
NOW. TIlEREFORE. BE IT RESOLVED
BY TIlE CITY COUNffi OF TIlE CITY
OF DUBUQUE. IOWA:
Sedlon 1. Definilions. The following
termS shall have the fcllowing mearlings in
this Resolution unless the text expressly or
by necessary implicalion reqoires otherwise:
(a) "Bonds" shall mean $4,000.000 Urban
Renewal Tax Increment Revenue Bonds.
Taxable Series 1990, authorized to be issued
by this Resololion;
(h) "Clerlt" shall mean the Clerk or such
other officer of the successor governing body
as shall he charged with sobotantially the
same duties and responsibi1ilies;
Special Session, July 23, 1990
419
(m) "Project Fond" er "Construclion
Account" shall mean the fund requited to he
established by thil Resolution fΠthe deposit
of the proceeds of the Bonds;
(n) "Regis,,"," shall be the Cily Treasurer
er IUCh succeasor as may he approved hy
Issuer as provided herein and who shall
carty oot the dulies prescribed herein with
respect to maintaining a register of the
owners of the Bonds. Unless otherwise spec-
ified, the Regis,,", shall also act as Transfer
Agent for the Bonds;
(0) "Tax Increment Revenues" of the
Project shall mean the special tax fund
created by the Otdinance and aothorized by
Section 403.19(2) of the Code of IOWL "Net
Revenues" of the Project shall mean the Tax
Increment Revenues of the Projec~ interest
earned opon inveSlment of the Sinking Fund
and the Reserve Fund and payments received
by the Issuer under Part B. Patagraph 30 of
the Lease, and to the extent appropriated by
the Council to the payment of the Bonds.
such other revenues and funds of the Issuer
derived from er held in connection with the
carrying out of the Urban Renewal Projec~
(P) "Treasurer" or "City Treasurer" shall
mean the Treasurer of the City or such other
officer as shall succeed to the same dulies
and responsibilities with respect to the
reconIing and payment of the Bonds issued
hereunder.
Sedloo 2. Authority. The Bonds autho-
rized by this Resolulion shall be issued
pursuant to Seclion 403.9, of the Cnde of
Iowa, and in compliance with all applicable
provisions of the Constitntion and laws of
the State of IOWL
Sedloo 3- Aothorizalion and Purpose.
There ate hereby anthorized to he issued.
negnliable, serial. fully registered Urban
Renewal Tax Increment Revenue Bonds of
the City of Dubuque, in the Counly of
Dubuque, State of Iowa, each to he desig-
nated as "Urban Renewal Tax Increment
Revenue Bond, Taxable Series 1990", in the
aggregate amount of $4.000.000. for the
pwpose of paying coots of aiding in the
planning, undertaking and carrying out of the
urban renewal project designated as the "Ice
Harbor Urban Renewal Disttict Project".
Sedloo 4. Source of Payment Aa pr0-
vided and requited by Chapter 403 of the
Code of Iowa, the Bonds herein authorized
and Parily Bonds and the interest thereon
shall he payable solely from the Net
Revenues of the Urban Renewal Project
incloding the Urban Renewal Tax Revenue
Fond aforemenlioned; to the extent autho-
rized hy Section 403.9 of the Cnde of Iowa,
the interest on the Bonds. for a period not to
exceed three (3) years from the date the
Bonds ate issued, may also he paid from the
proceeds of the sale of Bonds of this issue.
The City hereby pledges to the payment
of the Bonds the Net Revenues of the Urban
Renewal Project
The Bonds shall he secured forther by a
Real Estate Mortgage (the "Mortgage")
granted by the Cily in favor of the Original
Purchaser covering certain real property
located within the Project area, the lide of
which is Πshall he vested in the Cily. as
described on Exhibit A attached hereto.
The form and content of the Mortgage
attached hereto as Exhibit B. the provisions
of which are incorporated by reference. is
hereby in all respects aothorized. approved
and confinned and the Mayor and the Oerk
hereby are authorized, empowered and
directed to execute. attest and seal and
deliver the Mortgage on hehalf of the City in
sobotanlially the form presented to this
Council bot with such changes. modi fica-
lions, addilioru and deletions therein and
shall ID them deem necessary. desirahle or
appropriate under the ciICumstances, their
execulion thereof to constitote conclusive
evidence of their appmval of any and all
changes, modifications, addilions ordelelions
therein from the form and content of the
Mortgage presented to this Council, with
such delivery to he made at such time aslide
to all of the œaI property I11Œ1gaged there-
onder shall have vested in the City.
The Bonds shall not conslitute an indeht-
edness within the meaning of any statutory
debt limitalion er restticlion and shall not he
subject to the pmvisions of any other law
relaling to the aothorizalion. issoance or sale
of hoods. The Bonds issued pursoant to this
Resololion are declared to he issued for an
essenlial poblic and governmental purpose.
-
speCial Session, July 23, 1990
The Bonds shall recite in suhstance that after three years. and upon not less than ten
they have been issued by the City in connec- (10) days written notiee from the Original
tion with an orban renewal project as defined purchaser to the City. the qoarterly payment
in Chapter 403 of the Code of Iowa, and in amount and amortization schedule shall be
any sui~ action or proceeding involving the adjusted and revised hy the Origioal Pur-
validity or enforoeahility of any bond issued chaser as of each payment quarter to accom-
hereunder or the secorily therefor. such modate and provide for full payment of the
Bonds shall he conclusively deemed to have principal ..nount outstanding within the
been issued for such porpose and such pro- remaining portion of the ten (10) year
ject shall he conclusively deemed to have amortization term.
been planned, located and carried out in
accordance with the provisions of Chapter The Bonds shall be executed by the
403 of the Code of Iowa. manoal signatore of the Mayor and attested
by the manoal signatore of the City Clerk.
Section 5. Bond Details. The Bonds shall and impressed with the seal of the City and
he designated "URBAN RENEWAL TAX shall he fully registered as to both principal
INCREMENT REVENUE BONDS. TAX- and interest as provided in this Resolulion;
ABLE SERIES 1990", he dated the date of principal, interest and premiom. if any; shall
delivery, and hear interest from the date he payable at the office of the Paying Agent
thereof. until payment thereof, at the office by mailing of a check to the registered
of the Paying Agen~ said interest payable on owner of the Bond.
November I, 1990. and qoarterly thereafter
on the 1st day of February. May. August and The Bonds shall be in the denominalion
November in each year unlil maturity at the following:
rates hereinafter provided.
Bond No. Principal Amount
The Bonds shall hear interest at the rate R-I $1,166,665
of 1(}'1/2% from their date of delivery to a R-2 1.166,665
date three calendar years thereafter. follow- R-3 1.166,670
ing which the Bonds shall hear interest at a R-4 500,000
variable interest rate eqoal to the First $4.000,000
Nalional Bank of Chicago prime rate of
interest and adjosted each lime the prime rate Section 6. Redcmplion. All Bonds may he
ehanges as published and available from the called for redenq>tion by the Issuer and paid
First Nariooal Bank of Chicago; provided, before matority on any interest payment date.
however, that the interest rate on the Bonds from any funds regardless of source. in
shall never he less than 9% per annum or whole er from time to time in part. in in-
geester than 14% per annom daring the term verse onIer of maturity and within an annoal
of the Bonds. The interest rate shall be maturity by lot by giving thirty days' nolice
calculated on an actuaIß60 day basis. of redemplion hy registered mail. to the
registered owner of the Bond. The tennS of
The Bonds shall mature, at the limes and redemplion shall be par. plus aoerued interest
in the amounts provided herein. over a term to date of call.
of 11-1/2 years from the dated date of the
Bonds. Interest only payments shall he made If selection by lot within a matority is
quarterly for the first 18 months following reqoired, the Registrar shall by random
issoanee of the Bonds, comrœncing selection of the names of the registered
November 1. 1990 and thereafter on owners of the entire annoal maturily select
February I, 1991, May I. 1991, August 1. the Bonds to he redeemed unlil the total
1991. November 1. 1991 and February 1. amount of Bonds to he called has been
1992. Fer the remaining ten year term of the reached.
Bonds, principal and interest payments shall
he made qUatterly, commencing on May I. Section 7. Registration of Bonds;
1992 and therealter on the first day of Appoinb11ent of Registrar. Transfer;
Augus~ November, February and May in Ownership; Dellvery; and Cancellalion.
each year until matorily on February I,
2002. In the event of interest rate changes
420
Sj)8Clal SessIon, July 23,1990
(a) Regislntion. The -hip of Bonds
may he transfenod only by the malring of an
entry upon the boob kept fer the regutralion
and transfer of ownenhip of the Bonds, and
in no other way. The Cily Treasurer is
hereby appointed as Bond Registrar under
the terma of this Resolulion. Registrar shall
maintain the bonb of the Issuer fer the
regislntion of ownership of the Bonds for
the payment of principal of and interest on
the Bonds as provided in thU Resolution. All
Bonds shall he negotiable as provided in
Article 8 of the Uniform Commercial Code
subject to the provisions for registralion and
transfer conwned in the Bonds and in this
Resolulion.
(b) Transfer. The ownership of any Bood
may he transfened only upon the Regis-
tralion Boob kept for the regislntion and
transfer of Boods and only upon surrender
thereof at the office of the Registrar together
with an assignment duly executed by the
holder or his duly authorized attorney in fact
in such form as shall be salisfactory to the
Registrar, along with the Addeess and social
security number or federal employer idenlifi-
calion nomher of soch transferee (or. if
regislntion is to he made in the name of
multiple individuals. of all such transferees).
In the event that the address of the registered
owner of a Borul (other than a registered
owner which u the nominee of the broker or
dealer in question) u that of a hmker or
dealer. there must he disclosed on the
Regislntion Boob the informalioo per-
taining to the registered owner required
ahove. Upon the transfer of any such Bood.
a new fully registered Bond. of any denom-
inalion or denominations perotitted by this I
Rosolulion in aggregate principal amount
equal to the unmatured and unredeemed
principal amount of such transfenod fully
registered Bond, and hearing interest at the
same rate and matoring on the same date or
dates shall he delivered by the Registrar.
(c) Registralion of Transfened Boods. In
all cases of the transfer of the Bonds. the
Registrar shall register. at the earllest
practicable time. on the Regislntion Books.
the Bonds. in accordance with the provisioos
of this Resolution.
(d) Ownership. As to any Bond. the
person in whose name the ownership of the
same shall he registered 00 the Registration
421
Books of the Registrar shall he deemed and
regatded as the absolute owner thereof fer all
pllrpOSeS. and payment of er on account of
the principal of any such Bonds and the pre-
miwn, if any. and interest thereon shall he
made only to or upon the order of the regi-
stered owner thereof er his legal represent-
alive. All such payments shall he valid and
effectual to satisfy and discharge the liahilily
upon such Bond, inclnding the interest
thereon. to the extent of the sum or sums so
paid
(e) Cancellarion. All Bonds which have
been redeemed shall not he reissued but shall
he cancelled by the Registrar. All Bonds
which are cancelled by the Registrar shall he
desttoyed and a Certificate of the deslruclion
thereof shall be fumished promptly to the
Issuer; provided that if the Issuer shall so
direc~ the Registrar shall forward the
canceled Bonds to the Issuer.
(t) Non-Presentment of Bonds. In the
event any payment check represenling pay-
ment of principal of or intereat 00 the Bonds
is returned to the Paying Agent or if any
Bond is not presented for payment of prin-
cipal at the maturity or redenq>lioo date. if
funds sufficient to pay such principal of or
interest on Bonds shall have been made
available to the Paying Agent for the henefit
of the owner thereof, all liability of the
Issuer to the owner thereof for such interest
or payment of such Bonds shall forthwith
cease, tenninate and he complelcly dis-
charged, and thereupon it shall he the doty
of the Paying Agent to hold soch funds,
without liahilily for interest thereon. for the
henefit of the owner of soch Bonds who
shall thereafter he restticted exclusively to
such funds for any claim of whatever nature
on his paIl under this Rosolulion or on. or
with respect to, such interest a: Bonds. The
Paying Agent's ohligalion to hold soch funcls
shall continue for a period equal to two years
and six mooths following the date on which
such interest or principal heeame due.
whether at maturity. or at the date fixed for
redemplion thereof. or otherwise. at which
lime the Paying Agen~ shall surrender any
remaining funds so held to the Issuer.
whereopon any claim under this Resolulion
hy the Owners of soch interest or Bonds of
whatever nature shall he made upon the
Issuer.
--- ---
>'"
422
(g) Registratioo and Transfer Fees. The
Registrar may furnish to each owner, at the
Issuer's expense, one Bond fCO" each annoal
maturity. The Registrar shall famish addi-
tional Bonds in lesser deoominalions (but oot
less than the minimum deoontinatioo) to an
owner who so requests.
Sedlon 8. Reissuance of Mutilated. Des-
troyed, Stolen or Loat Bonds. In case any
outstanding Bond shall become mulilated or
he destroyed. stolen or loo~ !he Issuer shall
at the request of Registrar authenlicate and
deliver a new Bond of like tenor and amount
as the Bond so molilated. destroyed. stolen
or loot. in exchange and substitulion for such
mulilated Bond to Registtar. upon surrender
of such mutilated Bond. or in lieu of and
substitution for the Bond destroyed, stolen or
los~ open fillng with the Registrar evidence
satisfactory to the Registrar and Issuer that
such Bond has been destroyed, stolen or loot
and proof of owncrship thereof. and upon
famishing the Registtar and Issoer with salis-
factory indemnity and complying with such
other reasonable regulations as the Issuer or
its agent may prescrihe and psying such ex-
penses as the Issuer may incur in conneclion
therewith.
Sedlon 9. Record Date. Payments of
principal and interest. otherwise than opon
fall redemptioo, made in respect of any
Bond, shall he made to the registered holder
thereof CO" to their designated A8ent as the
same appear on the books of the Registtar
on the 15th day of the month preceding the
psyment dale. All such psyments shall fully
discharge the obligalions of the Issuer in
respect of such Bonds to the extent of the
psyments so made. Payment of principal
shall only be made upon surrender of the
Bond to the Paying Agent
Sedlon 10. Execolion. Authenticalion and
Delivery of the Bonds. Upon the adoplion of
this Resolotion. the Mayer and Clerk shall
execute and deliver the Bonds to the Regi-
strar, who shall authenticate the Bonds and
deliver the same to or upon order of the
PUlChaser. No Bond shall he valid or obli-
gatO<y for any purpose or shall he enlitled to
any right or benefit hereonder unless the
Registrar shall duly endO<se and execute on
such Bond a Cerlificate of Authenticalioo
substantially in the form of the Certificate
herein set forth. Soch Certificate opon any
"",=¡""""""""""""""""""""",
if '" I [ '" I
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i I ~'-II-='~=II~ I~~:l
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il ,...,,~~..J:'~...~.._, \
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,<'.,,-,
SflClclal Session, July 23, 1990
423
The text of the Bort<ls 10 he located
thereon at the item numbers shown shall he
as follows:
Item I. figure I = "STATE OF IOWA"
"COUNTY OF
DUBUQUE"
"ClTY OF
DUBUQUE"
"URBAN RENEWAL
TAX INCREMENT
REVENUE"
"TAXABLE SERIES
1990"
Item 2. figure I = Rale: As provided
herein
Item 3. figure I = Matarily: As provided
herein
Item 4, figure I = Bond Date: Date of
Delivery
Item 5. figure I = Cusip N
Item 6. figure I = "Registered"-
Item 7, figure I = Cerlificate No.-
Item 8. figure I = Principal Amount $-
Item 9. figure I = The Cily of Duhuque.
Iowa, a municipal corpontlion organized and
existing onder and by virtue of the Consti-
tulion and laws of the State of Iowa (the
"I&suer"), for value received. promises to psy
from the source and as hereinafter provided.
on the maturily dates specified helow. to the
owner of record of this Bond or registered
assigns. (principal amount written oat)
Thousand Dollars in lawful money of the
United Slates of America, on the maturity
dates specified helow. only open presentalion
and surrender hereof at the office of the Cily
Treasurer, Paying Agent of this issue, or its
suoeessor, with interest on said sum from the
date hereof until paid at the rate per annum
specified below.
The Bonds shall hear interest at the rate
of 10-1fl% from their date of delivery to a
date three calendar years thereafter, follow-
ing which the Bonds shall hear interest at a
variable interest rate eqoal to the First
Naliooal Bank of Chicago prime rate of
interest and adjosted each time the prime rate
changes as poblished and available from the
Firat National Bank of Chicago; provided,
however. that the interest rate on the Bonds
shall never he less than 9% per annum or
greater than 14% per annum daring the term
of the Bonds. The interest rate shall he
caleula1ed 00 an actuaII360 day basis.
The Bonds shall mature. at the limes and
in the amounts provided herein. over a term
of 11-1/2 years from the dated date of the
Bonds. Interest only psyments shall he made
quarterly for the first 18 months following
issuance of the Bonds. commencing
November I, 1990 and thereafter on
February I. 1991. May I. 1991. Augost I.
1991, November I. 1991 and February I.
1992. For the remaining ten year tenD of the
Bonds. principal and interest psyments shall
he made quarterly. commencing on May I.
1992 and thereafter on the first day of
Augos~ November, February and May in
each year until maturily on February I.
2002. In the event of interest rate changes
after three years. and upon not less than ten
(10) days written notice from the Original
PUlChaser to the City. the quarterly psyment
amoont and amortization schedule shall he
adjusted and revised by the Original Pur-
chaser as of each psyment quarter to accom-
modate and provide for full psyment of the
principal amount outstanding within the
remaining portion of the ten (10) year
amortizalion tenn.
l
'"
;'"
l
, '~
Special Session, July 23, 1990
Bond executed on behalf of the Issoer shall
he conclusive evidence that the Bond so
authenticated has been duly issned onder this
Resolulion and that the holder thereof is en-
litled to the benefits of this Resolulion.
No Bonds shall he authenticated and
delivered by the Registrar and unlil there
shall have been provided the approving
opinion of Ahlers. Cooney. Dorweiler.
Hayntie. Smith & Allbee, P.C.. Bond Coun-
sel, concerning the validily and legality of all
the Bonds proposed to be issued.
Section 11. Right to Name Subslitute
Paying Agent CO" Registtar. Issuer reserves
the right to name a substitute. successor
Registrar er Paying Agent upon giving
prompt written nolice to each registered
bondholder.
Section 12. Form of Bond. Bonds shall he
printed in substanlial compliance with stan-
datds proposed by the American Standards
Inslitute substanlially in the form as follows:
Interest and principal shall he paid to the
registered holder of the Bond as shown on
the records of ownership mainlained by the
Registrar as of the 15th day of the month
next preceding such interest psyment date.
Interest shall he computed on the basis of a
360-day year of twelve 3Ü-<1ay months.
TIlE ISSUER DOES NOT INTEND OR
REPRESENT THAT THE INTEREST ON
TIlE BONDS Wn.L BE EXCLUDED
FROM GROSS INCOME R>R FEDERAL
INCOME TAX PURPOSES UNDER
SECTION 103 OF TIlE INTERNAL
REVENUE CODE OF 1986, AS
AMENDED. AND TIlE ISSUER IS NOT
OBLIGATED TO TAIΠANY ACI10NTO
A ITEMPT TO SECURE ANY SUCH
EXCLUSION. TIlE HOLDER OF TillS
BOND TIIEREFORE SHOULD TREAT
THE INTEREST THEREON AS SUBJECT
TO FEDERAL INCOME TAXATION.
This Bond is issoed porsuant to the pr0-
visions of Section 403.9 of the City Code of
Iowa, for the purpose of psying costs of
aiding in the planning, undertaking and
424
s~clal Session, Julr 23, 1990
cartying out of the urban renewal project
designated as the "Ice Harbor Urban
Renewal Disttict Project". in confcrotity to a
Rosolulion of the City Council of said Cily
duly passed and approved.
This Bond is one of a series of bonds of
like tenor and date. numbered from R-I to
R-4, inclusive. issned for the pwpose of
defraying the costs of cartying oot an urban
renewal project designaoed as the Ice Harbor
Urban Renewal Projec~ of the City in
accordance with the plan thereof. This Bond
and the series of which it foons a part are
not an indeboedness within the meaning of
any stalUkIy provisions, or a general obliga-
tion of the City.
Bonds numbered R-I to R-4. both in-
clusive. may he called for redemplion by
Issuer at its sole oplion and paid from any
funds reganl1ess of source before maturily. in
whole or from lime to lime in part. in in-
verse order on any intereSt payment date. at
a price of par and acerued interest to call
date, hy givin8 nolice not less than thirty
days prior to the date of call by certified
mail to the address of the holder shown on
the hooks of the Registrar.
This Bond is registered as to ownership of
priocipal and interest in the name of the
holder on the books of the Issuer in the
office of the Registrar. such registralion to
he endcrsed by notalion on the hack hereof
hy said Registrar. after which no transfer
shall he valid unless made on said books and
similarly noted hereon. TheCily Treasurer of
Duboque, Iowa, has been appointed to serve
as Registrar of this Bond. Issuer reserves the
right to suhslitote the Registrar and Paying
Agent but shall. however. give 60 days'
nolice to registered bondholders of such
change. All Bonds shall he negoliable as
provided in Article 8 of the Uniform Com-
mercial Code and Seclion 384.31 of the
Code of Iowa, sohject to the provisions for
registration and transfer contained in the
Baed Resolulion.
This Bood and the series of which it
forms a part. other obligalions ranking on a
parity therewith. and any addiliona! obliga-
tiona which may he hereafter issued and
outstanding from lime to time on a parity
with said Bonds. as provided in the Bond
Resololion of which nolice is herehy given
and which are herehy made a part hereof. ate
payahle from and secored hy a pledge of the
Net Revenues of the Ice Rather Urban
Renewal Disttict Project (the "Project"). as
defined and provided in said Resolulion
including the fund and portion of taxes to he
paid into such fond as referred to and autho-
rized by subsection 2 of Section 403.19 of
the Code of Iowa, as amended (the "incre-
mental taxes"). There has heretofore been
established and the City covenants and
agrees that it will maintain in force an
ordinance providing for the division of
incremental taxes within the area of the
Project for the establishment of a sinking
fond which. together with payments received
by the City in respect of certain real property
located within the Project area, shall he osed
to pay the principal of and interest on this
series of Bonds, and other ohligalions
ranking on a parity therewith. as the same
become due. TIlis Bond is not payable in any
manner by general taxalion and under no
circomstanoes shall the City he in any
manner liable by reason of the failure of said
Net Revenues to he sufficient for the
payment hereof.
And it is hereby represented and certified
that all acts, condilions and things reqoisite,
according to the laws and Constitution of the
State of Iowa, to exis~ to he had. to he done,
or to be peñcrmed precedent to the lawful
issue of this Bond. have been existen~ had.
done and peñcrmed as reqoired by law.
In testimony whereof, said City by its
City Council has caused this Bond to he
signed hy the manna! signature of its Mayor
and atteSoed by the manna! signature of its
City Clerk, with the seal of said Cily
impressed hereon. and authenlicaoed by the
manna! signature of an authorized reprosen-
talive of the Registrar. the City Treasurer of
Duboque, lowL
Item II, figure I = Date of Authenli-
calion:
Item 12, figure I = This is one of the
Bonds deseribed in the within mentioned
Resololion. as registered hy City Treasurer.
CITY TREASURER
By-
Registrar
Special SeSSion, July 23, 1990
Item 13. figure I = Regis"", and Transfer
Agent: Cily Treasurer
Paying Agent: City Treasurer
Item 14. figure I = (Seal)
Item 15. figure I = [Signature Block]
City of Dubuque, Iowa
By: (manoal si..ature)
Mayor
AtteSt: (manoal si.natore)
City Clerk
Item 17, figure 2 = Assignment of this
Bond may he made in writing sobslan-
tially in the form helow:
ASSIGNMENT
For value received, the undersigned
hereby sells. assigns and tIansfers unto
(Name of Transferee) (Social Securily or
Tax Identification No. ) the
Bond Number(s)- of the Issue of
Urban Renewal Tax Increment Revenue
Bonds, dated . of the Cily of
Duboque and does hereby irrevocably con-
slitote and appoint (Regisbar) attorney in
fact to tIansfer the said Bond on the books
kept for registration on the said Bond, with
full power of sohslitotion in the premises.
Dated ~te)
(Si..ature of Relristered OwnCI(s)
()'erson(s) execuli.. this Assi.nment
sign(s) here)
SIGNATURE )
GUARANlEED) (See note helow)
IMPORTANT - READ CAREFULLY
The signature{s) to this Power must
correspond with the name(s) as written upon
the hack of the Bond{s) in every parÜcular
without altetalion or enlatgeroent or any
change whatever. Signature guarantee should
he made by a member or member organiza-
tion of the New York Stoc.k Exchange, mem-
bers of other Exchanges having signatores on
file with transfer agents or by a commercial
hank or trust company.
425
Item 18. figure 2 = [loformalionReqnired
for Regisltation - Printer to Provide as Many
Lines as Practicahle]
REGISTRATION OF OWNERSHIP
Dati: of In Whose Name Signatore
Relrisltation Relristered Retristrar
INroRMATION REQUIRED FOR
REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(~
Social Secorily or Tax Identificalion Numher
of Transferee (s)
Transferee is a (~
Individual' Corpomtion
Partnership-Trost
'If the Bond is to he registered in the
names of mulliple individual owners. the
names of all such Owners and one address
and social securily numher most he provided.
The following abbreviations. when used in
the inseription on the hack of this Bond.
shall he construed as though written out in
full acconling to applicable laws or
regulalions:
TEN COM - as tenants in common
TEN ENT - as tenants by the entirelies
IT TEN - as joint tenants with the right of
sorvivorship and not as tenants in
conunon
IA UNIF TRANS MIN ACT - """"""""""'"
Custodian..................(Cust) (Minor)
under Iowa Uniform Transfers to Minors
Act.......(State)
Section 13. Legal Opinion. There shall he
delivered with the Bonds herein aothorized
to he issued a copy of the legal opinion of
Ahler. Cooney, Dorweiler. Haynie. Solith &
Ahlbee. P.C.. attorneys. of Des Moines. Iowa
with respect to the Bonds.
SectIon 14. Equalily of Lien. The limely
payment of principal of and interest on the
..."
426
special Session, July 23, 1990
Iowa shall he not less than the maximum
amount so colleclible as follows:
Fiscal Year (July I to June
30) Year of Collection
1990/1991
1991/1992
1992/1993
1993/1994
1994/1995
1995/1996
1996/1997
1997/1998
1998/1999
1999/2000
2000/2001
2001/2002
Bonds and Parity Bonds shall he secored
equally and ratably hy the Net Revenues of
the Project without priorily by ....on of
number or time of sale or delivery; and the Amount
Net Revenues of the Project are herehy Collective
irrevocably pledged to the timely payment of Full amoont
hoth principal and interest as the same Full amount
become due. Full amount
Full amoont
Se<tloo 15. Applicalion of Bond Pro- Full amount
eeeds. After the execulion of the Boods. said Full amount
Bonds shall he dellvcred to the Re8istrar and Full amoont
shall be by him duly and pmperly registered Full amount
in his office. and he shall thereupon deliver Full amount
the same to the Original PUtChaser as deter- Full amount
rnined by the Governing Bndy. Proceeds of Full amount
the Bonds other than accroed interest except Full amoont
as may be provided below shall he credited
to the Project Fund and expended therefrom Section 17. Applicatioo of Revenues.
for the porposes of issuance. Subject to the From and after the delivery of any Bonds.
limitalions of Code Section 403.91(1) any and as lon8 as any of the Bonds er Parity
amounts on hand in the Project Fund shall Obligalions shall be outstanding and unpaId
he available fer the payment of the principal either as to principal or as to interes~ or
of or interest 00 the Bonds at any time that until all of the Bonds and Parity Obligations
other funds of the Project shall he insoffi- then outstanding shall have been discharged
cient to the purpose. in which event such and satisfied in the manner provided in this
fonds shall be repaId to the Project Fund at Resolulioo. the entire income and revenues
the earliest oppommity. Any halance on of the Project shall be disborsed as follows:
hand in the Project Fund and not immed-
ialcly required for its porposes may he (a) Sinking Fund. There is hereby estab-
invested not inconsistent with limitalioos lished and shall he maintained a special fund
provided by law. the Internal Revenue Code from which priocipal of and interest on the
and this Resolulion. Accrued interest, if any. Bonds and Parity Obllgations will he paId.
shall be deposited in the Sinking Fund. Any The fund shall he known as the Ice Hatbor
excess proceeds remaining on hand after Urban Renewal Project Revenue Bond and
complelion of the purpose of issuance shall Interest Sinking Fund ("The Sinking Fund").
he used to redeem Boods as provided herein. The amount to he deposited in the Sinking
Fond in any year shall he an amount equal
Section Hi. Tax Levy. After its adoption. to the intereSt and principal corning doe on
a copy of this Resolulion shall he filed in the the Bonds during the fiscal year. Money in
office of the Counly Auditor of Dubuque the Sinking Fund shall he used solely for the
County to evidence the pledging of the porpose of paying principal of and interest
Urban Renewal Tax Increment Revenue on the Bonds and Parity Obligations as the
Fund and the portion of taxes to he paId into same shall become due and payable.
soch fund and, pursuant to the direction of
Section 403.19 of the Code of Iowa, the (h) Suhcrdinate Obligalions. Revenues of
Auditor shall thereafter allocate the taxes in the Project not required for the Sinking Fund
accordance therewith and in accordance with may he used to pay principal of and interest
the Ordinance referred to in the preamble on (including ....onable reserves therefor)
hereof. any other obligations which by their tennS
shall he payable from the revenues of the
It is hereby eertified that, subject to such Project, but sobordinate to the Bonds and
limitations as provided by Section 403.19 of Parity Obligalions. and which have been
the Code of Iowa, the annoal amount to he issued for the porposes of the Project or to
levied for collection in incremental taxes retire the Bonds er Parily Obligalions in
pursoant to Section 403.19(2) of the Code of advance of matarity. or for any lawful
porpose.
Special Session, Jul}'- 23,1990
427
(c) SUlplus Revenue. All revenues thereafter
remaining may he deposited in any of the
funds created by this Resolotion. to reim-
horse the Issuer for other loans. moneys
advanced to or indehtedness incorred to
finance or refinance in whole or in pari pay
for the Project, or may he used to pay qr
redeem the Bonds or Parily Ohligations. any
of them, or for any lawful pwpose.
Moneys on hand in the Project Fund and
all of the funds provided by this Section may
he invested only in direct ohligalions of the
United States Government or deposited in
financial institulions which are memhen of
the Federal Deposit Insurance Corpotation or
the Federal Savings and Loan Insurance
Corporation and the deposits in which are
insured therehy and all such deposits
exceeding the maximom amount insured
from time to lime by FDIC or FSLlC or its
equivalent successor in anyone financial
inslitution shall be conlinuously secured hy
a valid pledge of direct obligalions of the
United States Government having an equiva-
lent market value. Alternatively. such
moneys may he invested in tax-exempt
boeds er obligalions of any state or political
subdivision thereof which are rated by
Moody's Investors Service or Standard &
Poor's Corporation at a rating classificalion
eqoal to or hetter than the rating canied by
the Bonds or. in the case of short-term
obligations. a raling of MIG-I. SP-I. or
hetter. All such interim invesb11ents shall
mature before the date on which the moneys
are reqoined for the pwposes for which said
fund was created er otherwise as herein
provided. The provisions of this Seclion shall
not he construed to require the Issuer to
maintain separate hank accounts for the
funds created by this Section; except the
Sinking Fund shall he maintained in a
separate accoont bot may he invested in
conjunction with other funds of the Cily but
designated as a trust fond on the books and
reconis of the City.
All inccrne derived from such invest-
ments shall he deposited in the Revenue
Fund and shall he reganied as revenues of
the Project Such inveSb11ents shall at any
lime necessaty he liquidated and the pr0-
ceeds thereof applied to the porpose for
which the respective fund was created.
Section 18. Covenants Regarding the
Operalion of the Project The Issuer hereby
covenants and agrees with each and every
holder of the Bonds and Parily Bonds:
~1
(a) Maintenance in Force. That the Issuer
will maintain the Urban Renewal Project and
the Otdinance in force and will annoally
caose the Increment Revenues and Net
Revenues to he levied. collected and applied
as provided in this Resolution.
(b) Accounting and Aodits. That the
Issuer will caose to he kept proper books
and aocounts adapted to the Project and in
accordance with generally accepted aocoont-
ing praclioes. and will caose the hooks and
accounts to he aodited annually not later
than 180 days after the end of each fiscal
year by an independent aoditor and will file
copies of the audit report with the Original
Purchaser within 210 days after the close of
each fiscal year and will make generally
availahle to the holders of any of the Bonds
and Parity Bonds. the halance sheet and the
operating statement of the Project as certified
by such auditor. The Original Purchaser and
holders of any of the Bonds and Parity
Bonds shall have at all reasonable limes the
right to inspect the Project and the reconis.
accounts and data of the Issuer relaling
thereto. It is forther agreed that if the Issuer
shall fail to provide the audits and reports
reqoined by this subsection. the Original
Purchaser or the holder or holders of 25% of
the outstaeding Bonds and Parily Bonds may
cause such audits or reports to he prepared at
the expense of the Issuer. The audit reports
reqoined by this Section shall include. but
not he limited to, the following informalion:
(i) An evaloalion of the manner in
which the Issuer has complied with the cove-
nants of this Resolulion;
(ü) A statement of tax fund revenues
and current expenditures;
(ill) Analyses of each fund and
account created hereunder. incloding
deposits, withdrawals and heginning and
ending balances;
(iv) The tax rates in effect daring the
fiscal year. and the ose of the Projec~
428
Special Session, July 23, 1990
(v) The names and tides of the
principal officers of the Issuer. and
(vi) A general statement covering any
events or circumstances which might affect
the financial status of !he Project
In the event the audit provided fer in this
Section is prepared hy the State Aoditor the
governing body will cause to be prepared a
certified supplemental report containing the
infcrmation reqoired hy this Section.
(c) State Laws That the Issuer will
faithfully and panclUally perform all dulies
with reference to the Project required by the
Conslitution and laws of the State of Iowa,
and will segregate the revenues of the
Project and apply said revenues to the funds
specified in this Resolulion.
Section 19. Remedies and Bondholders.
Except as herein expressly limited the holder
er holders of the Bonds and Parily Bonds
shall have and possess all the rights of action
and remedies afforded by the common law.
the Constitution and statutes of the State of
Iowa, and of the United States of America,
for the enforcement of payment of their
Bonds and interest thereon, and of the
pledges of the revenues made hereunder. and
of all covenants of the Issuer hereunder.
Section 20. Prior Uen and Parily Bonds.
The Issuer will issue no other Bonds, Bonds
or obligalions of any kind or nature payable
from or enjoying a lien or claim on the
property or revenues of the Project having
priority over the Bonds or Parily Bonds.
Additional Bonds may he issued 00 a
parily and eqoality of rank with the Bonds
with respect to the lien and claim of such
additional Bonds to the revenues of the
Project and the money on deposit in the
funds adopted hy this Resolulion. for the
following porposes and under the following
condilions. hut not otherwise:
(a) For the purpose of refunding any of
the Bonds er Parity Bonds which shall have
matured or which shall mature not later than
three months after the date of delivery of
soch reforxfing Bonds and for the payment
of which there shall he insofficient money in
the Sinking Fund;
-,c~ .
(b) For the porpose of refunding any
outstanding Bonds. Parity Bonds or for the
pwpose of the Projec~ if all of the following
conditions shall have been met:
(i) hefore any such Bonds ranking on
a parity are issned. there will have been
procured and filed with the City Clerk, a
statement of an independent Certified Public
Accountan~ not a regulat employee of the
Issuer. reciling the opinion based upon
necessary investigalions that the Net
Revenues of the Project for the preceding
fiscal year (with adjusb11ents as hereinafter
provided) were equal to er if fully levied
would have been at lcast \.25 limes the
maximum amount that will he required in
any fiscal yCat prior to the longest maturily
of any of the then outstanding Bonds for
both principal of and interest on all Bonds
then ootstanding which are payable fmm the
Net Revenues of the Project and the Bonds
then proposed to he issued.
(Ii) the addilional Bonds must he
payable as to principal and as to interest on
the same month and day as the Bonds herein
authorized.
SectIon 21. Discharge and Satisfaclion of
Bonds. The covenants, liens and pled8es
entered into, created or imposed pursuant to
this Resolution may he fully discharged and
satisfied with respect to the Bonds and Parity
Bonds. er any of them, in anyone or mere
of the following ways:
(a) By paying the Bonds or Parity Bonds
when the same shall become due and pay-
able; and
(h) By deposiling in trost with the
Treasorer. or with a corporate trostee
designated by the governing body for the
payment of said obligalions and irrevocably
appropriated exclusively to that pwpose an
amount in cash er direct obligations of Ihe
United States the maturities and income of
which shall he sofficient to relire at maturity,
or by redemption prior to maturity on a
designated date upon which said obligations
may he redeemed. all of such ohligations
outstanding at the lime. together with the
interest thereon to maturily or to the desig-
nated redernplion date, premiums thereon, if
any that may be payable on the redcmplion
of the same; provided that proper notiee of
Special Session, July 23,1990
429
redemption of all such obligalions to he
redeemed shall have been previously
published or provisions shall have been
made for such poblication.
Upon such payment or deposit of money
or securilies, or both. in the amount and
manner provided hy this Section. aliliabilily
of the Issuer with respect to the Bonds or
Parity Bonds shall cease. detennine and he
completely discharged, and the holders
thereof shall he enlided only to payment out
of the money er securilies so deposited.
Section 22. Resolulion a Contract The
provisions of this Resolulion shall constiwte
a contract between the Issuer and the holder
or holders of the Bonds and Parily Bonds.
and after the issuance of any of the Bonds
no change. variation or alteration of any kind
in the provisions of this Resolution shall he
made in any manner. except as provided in
the next succeeding Section. unlil such time
as all of the Bonds and Parily Bonds. and
interest due thereon, shall have been salisfied
and discharged as provided in this
Resolulion.
Section 23. Modification of Resolution.
This Resolulion may he amended from lime
to lime if such amendment shall have been
consented to by holders of not less than IW<>-
thirds in principal amount of the Bonds and
Parity Bonds at any time outstanding (not
including in any case any Bonds which may
then he held or owned by or for the account
of the Issuer, but including soch Refunding
Bonds as may have been issued for the par-
pose of refunding any of such Bonds if such
Refunding Bonds shall not then he owned by
the Issuer); hot this Resolotion may not he
so amended in such manner as to:
(a) Make any change in the maturily or
interest ntte of the Bonds, er modify the
terms of payment of principal of or interest
on the Bonds or any of them or impose any
corxfilions with respect to loch payment:
(b) Materially affect the rights of the
holders of less than all of the Bonds and
Parity Bonds then outstanding; and
(c) Reduce the percentage of the prin-
cipal amount of Bonds; the consent of the
holders of which is reqoired to effect a
further amendment
Whenever the Issuer shall prq>ose to
amend this Resolution under the provisions
of this Seclion. it shall cause notice of the
proposed amendment to he med with the
Original Purchaser and to he mailed by cert-
ified mail to each registered owner of any
Bond as shown by the records of the Regi-
strar. Such norice shall set forth !he nature of
the proposed amendment and shall state that
a cq>y of the proposed amendatory Resolu-
lion is on file in the office of the Clerk.
Whenever at any lime within one year
from the date of the maillng of said nolice
there shall he filed with the Clerk an
instroment or instroments executed by the
holders of at lcast IW<>-thirds in aggregate
principal amount of the Bonds then out-
staeding as in this Seclion defined. which
instrument or instruments shall refer to the
proposed amendatory Resolution described in
said norice and shall specifically consent to
and appmve the adoplion thereof, thereupon.
but not otherwise, the governing body of the
Issuer may adopt such amendatory Resolu-
tion and such Resolulion shall hecome effec-
tive and binding opon the holders of all of
the Bonds and Parily Bonds.
Any consent given by the holder of a
Bond pursuant to the provisions of this
Section shall he irrevocable for a period of
sbt months from the date of the instrument
evidencing such consent and shall be con-
clusive and binding upon all fulOre bolders
of the same Bond during such period. Such
consent may he revoked at any lime after six
months from the date of such instrument by
the holder who gave such consent or by a
successor in lide by filing notice of such
revocalion with the Clerk.
The fact and date of the execution of any
instrument under the provisions of this
Section may be proved by the certificate of
any officer in any jurisdiction who by the
laws thereof is aothorized to take acknow-
ledgements of deeds within such jurisdiction
that the person signing such instrument
acknowledged heforc him the execution
thereof. or may he proved by an affidavit of
a witness to soch execulion sworn to hefore
such officer.
The amount and nomhers of the Bonds
held by any person execuling such instru-
ment and the date of his holding the same
-
430
Special Session, July, 23, 1990
RESOLUTION 315-90
may he proved by an affidavit hy such
peøon c< by a oerIiÏtca1e executed by an
officer of a hank er b'Ust ~y showing
that on !he date !hen:in mentioned such
peøon had on deposit with such hank or
b'Ust company the Bonds described in such
certificate.
Sedlon 24. Severahilily. It is hereby
declared that the sections, clauses. sentences
and parts of this Resolution are severable
and are not matters of mutoally essenlial
inducemen~ it being the intention of the City
to comply in all respects with the Consti-
tution and statutes of the State of Iowa, and
if anyone er more sections, clauses.
sentences c< parts of this Resolulion shall for
any reason he questioned in any court or
shall he judged unconslitutional or invalid,
such judgment shall not impair or invalidate
the remaining provisions of this Resolulion.
and shall he confined in its operalion to the
specific provisioo or pmvisions so held
unconslitutional or invalid and the inappli-
cability or invalidily of any section. clause,
sentence or part of this Resolulioo in any
one or more instances shall not he taken to
affect c< prejodiee its applicability or validity
in any other instance.
Section 25. Repeal of Conllicling Otdi-
nances or Resolutions and Effective Date.
All other Otdinances. Resolotions and orders.
or parts thereof, in confliet with the pr0-
visions of this Resolulion are. to the extent
of such conflic~ herehy repealed; and this
Resolulion shall he in effect from and after
its adoption.
Passed and approved this 23rd day of
July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City C1erk
Council Member Pratt moved adopIion of
the Resolution. Seconded by Cooncil
Member Heckmann. Canied hy the follow-
ing vote: Yeas-Mayor Brady. Council
Members Deich, Heckmann. Kluesner.
Nicholson, Prall, Voetherg. Nays-None.
"""
RESOLUTION RESPECTING TIlE
FUTURE USE OF LOCAL OPTION
SALES TAX REVENUES BY TIlE
CITY OF DUBUQUE. IOWA.
Wherea>. there has heen duly adopted
and enacted a local option sales tax within
the City in acoordance with Iowa Code
Chapter 422B;
Whereas. a portion. not to exceed 20%.
of the revenoe derived thereunder has been
designated to he used fer economic develop-
ment pmjects within the Cily;
Whereas. by Resololion No. 403-89
adopted December 18. 1989 the City Council
duly adopted an urban renewal plan under
Chapter 403 of the Iowa Code. 1989. as
amended. encompassing an area within the
City designated as !he Ice Harbor Urban
Renewal Disttict;
Wherea>, by Resololion No. 314-90
adopted July 23. 1990. the City Council has
authorized the issuance of S4.()()().()()() Urban
Renewal Tax Increment Revenoe Bonds.
Taxahle Series 1990 (the "Bonds"). for the
purpose of paying costs of aiding and the
planning. undertaking and carrying out of the
Urban Renewal Project designated as the
"Ice Harbor Urban Renewal Disttict Project"
(the "Project")'
Wherea>, the Bonds are not general obli-
gations of the City but are payable solely
from the Net Revenoes of the Ice Harbor
Urban Renewal Disttict Project, including
the Urban Renewal Tax Increment Revenue
Fund establlshed in the aothorizing Resolu-
lion. and are forther secured by a real estate
mortgage granted hy the Cily in favor of the
pUlChasers of the Bonds covering certain real
property located in the Project area;
Wherea>. the Council helleves the Project
promotes and materially conttibutes to the
economie development activilies and ohjec-
tives of the City and is in the heat interest of
the residents of the City as a whole.
NOW. THEREFORE, BE IT
RESOLVED BY TIlE CITY COUNCIL OF
TIlE CITY OF DUBUQUE. IOWA:
Special SessIon, July 23, 1990
Section 1. That this Counci1 does hereby
expreu its present intention to utilize that
portion of the uncommitted local oplion sales
tax revenoe designated and being available
fer economic development pmjects within
the Cily so as to avoid c< mitigate any
default on the payment of the Bonds hefore
making application of any such unCOmmitted
sales tax revenoe to any other discrelionary
expenditures of the City fc< which such
revenues may he utilized, as and to the
extent permitted by law and as may he deter-
mined by the Cooncil to he appropriate
under the circumatances then and there
exisling.
Section 2. That this Resolution he
construed only as evidence of the present
intention of this Council with respect to the
future use of such local option sales tax
revenue and not he birxfing upon foture
Councils of this Cily or serve to impede or
limit their legislative discrelion with respect
to such matters.
Passed and approved this 23rd day of
July. 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
Cily Clerk
Council Member Kluesner moved adop-
tion of the Resololion. Seconded by Council
Member Heckmann. Canied by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich. Heckmann. Kluesner.
Nicholson. Prall, Vœlberg. Nays-None.
Communicalion of City Manager regard-
ing a Public Hearing on a contract for Loan
Goarantee assistance under Section 108 of
the Housing and Communily Development
Acl for the Downtown Hold Projec~
presented and read. Council Member
Voetberg moved that the communicalion he
received and filed. Seconded by Council
Member Pratt Carried by the following vote:
Yeas-Mayor Brady, Council Members I
Deich, Heckmann. Kluesner. Nicholson.
Pratt, Vœtherg. Nays-None.
431
RESOLUTION 316-90
RESOLUTION FIXING DAm FOR A
MEETING ON TIlE AUTHORIZATION
AND APPROVAL OF A CONTRACT
FOR LOAN GUARANTEE ASSIS-
TANCE UNDER SECTION 108 OF
TIlE HOUSING AND COMMUNITY
DEVELoPMENT ACT OF 1974. AS
AMENDED. IN TIlE AMOUNT OF
SI.2OO.()()(). BY THE CITY OF
DUBUQUE, IOWA AND PROVIDING
TIlE PUBLICATION OF NOTICE
TIlEREOF.
Whereas. the City of Dubuque did on
May 18, 1967, adopt an urban renewal
~ect known as the Downtown Urban
Renewal Projec~ Iowa R-15 (the "Plan") for
the Urban Renewal Area described therein.
which Plan has been amended from lime to
time;
Whereas. the Plan pmvides for. among
other things. the acquisition and disposition
of properties for private rehabilitation as a
proposed urban renewal aclion;
Whereas. by Resolulion No. 140-90
adopted April 16. ]990. this Council
approved disposition of certain real property
su~ect to the Plan to Bloe Moon Develop-
ment Company (Iowa). an Iowa corporation
(the "Redeveloper"). pursuant to the terms
and conditions of an Agreement for Sale of
Land for Private Redevelopment by and
helween the Cily and the Redeveloper (the
" Agreemenl");
Whereas. the proposal of the Redeveloper
and the Agreement calls for the Redeveloper
to construct and operate a full-service
commereial holel with not less than 190
rooms and including a parking facilily of not
less than 200 spaces. recrealion facilities
incloding but no! limited to an enclnsed pool
and exercise room. a restaurant and lounge
and meeling facililies (the "Project");
Whereas, the Agreemenl further obligates
the Redeveloper to secore a Clarion franchise
or its eqnivalenl fo! the Project and to create
a minimum of 95 foIl-lime joh equivalents
within three years of the commencement of
the hold operalions;
SpeCial Session, July 23, 1990
authorize and approve the Section 108 Loan
Agreement and of the lime and place of the
meeting at which the Council proposes to
take action thereof and to receive oral and/or
written objeclions from any resident or
property owner of the City to such action.
NOW, THEREFORE, BE IT
RESOLVED. BY TIlE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA.
Section 1. That the performance of the
City under the Agreement he and is hereby
declared to he a public undertakin8 and
porpose and in fortherance of the Plan and
the economic development aclivities and
objectives of the City within the meaning of
Seclions 403.6(17) and 15A.I of the Iowa
Code.
432
Whereas, Sectioo 403.6(17) authorizes
the City to accept conttibotions, grants. and I
other forms of financial assistance from the
federal government to he used opon a
firxfing of poblic purpose to make grants or
loans as necessary Πappropriate to private
persons for an orban renewal projec~
Whereas, the Cily has received an offer
from the United Slates Deparnnent of
Housing and Urban Development to enter
into a Contract for Loan Guarantee
Assistance (the "Section 108 Loan
Agreement") under Seclion 108 of the
Housing and Communily Development Act
of 1974. as amended (the "Act"). in the
amount of $1.200,000. the proceeds of which
would he made availahle to the Redeveloper
by the Cily in accordanee with the terms and
conditions of the Agreement fer porposes of
furnishings and eqoipping the Projec~
Whereas. the Seclion 108 Loan Agree-
ment shall not be a general ohllgation of the
City bot shall he sêcored and payable solely
and only from all grants which have been
made or for which the Cily may become
eligible in the future onder Section 106 of I
the Act, program income frem the disposi-
tion by sale Πlease of any real property to
the extent acqoired er rehabilitated with the
Seclion 106 funds Qncluding any interest
earned on soch disposilion proceeds) and all
proceeds (inclrxfing insurance and condem-
nation proceeds) from any of the foregoing;
Whereas. this Council has detemôned
that the Agreement is in the hest interest of
the City and the residents thereof and that
the perfcrmance of the City thereunder is a
public undertaIrlng and purpose and in
fortherance of the economic development
activities and ohjectives of the City within
the meaning of Seclion 403.6(17) and 15A.I
of the Iowa Code;
Whereas. neither Seclion 403.6(17) nor
any other Code provision sets forth any pro-
eedoral action reqoired to he taken hefore
such a contract for financial assistance may
he approved, and porsuant to Section 364.6
of the City Code of Iowa, it is hereby deter-
mined that the procedures specified in
Section 384.25 shall apply and shall he
deemed sufficient for the action hereinafter
described to be taken. and that the Clerk
shall publish a nolice of the proposa1 to
Section 2. That this Council meet in the
Public Library Aoditnrium. Dubuque. Iowa.
at 7:30 p.m. on the 6th day of August, 1990.
for the purpose of taking aclion 00 the
matter of aothorization and approval of a
Contract for Loan Guarantee Assistance
uoder Seclion 108 of the Housing and
Communily Development Act of 1974, as
amended, in the amoont of $1.200.000, by
the Cily of Duboque. Iowa. the proceeds of
which will he osed to pmvide funds to pay
costs of aiding in the planning. ondertaking
and carrying out of the Urban Renewal Pr0-
ject designated at the Downtown Urban
Renewal Project designated at the Downtown
Urban Renewal Project, Iowa R-15 under the
aothorily of Chapter 403 of the Code of
Iowa, 1989. as amended, incloding the
pmvisioo of furnishings and eqoipment for
the Project porsuant to the terms and
corxfitions of the Agreement
Section 3. That the Clerk is hereby
directed to caose at least one publicalion to
he made of a nolice of said meeting, in a
legs! newspaper, printed wholly in the
English language, publisbed at least once
weekly, and having general circulalion in the
Cily, said poblicalion to he not less than foor
clear days nor more than !Wenly days hefore
the date of said pohlic meeling on the autho-
Timon and execolion of said Seclion 108
Loan Agreement
Section 4. The nolice of the pmposed
aclion to authorize the Seclioo 108 Loan
Special Session, July 23,1990
Agreement shall he in sobstanlially the
following fonn:
NOTlΠOF MEETING OF TIlE
COUNCil. OF THE CITY OF DUBUQUE.
IOWA ON THE MAITER OF TIlE
PROPOSED AUTHORfZATION OF A
CONTRACT FOR LOAN GUARAN"ŒE
ASSISTANCE UNDER SECTION 108 OF
TIlE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974. AS
AMENDED, IN TIlE AMOUNT OF
$1.200.000 BY THE CITY OF DUBUQUE.
IOWA, AND THE IlEARING ON TIlE
AUTHORfZATION THEREOF.
PUBLiC NOTIΠIS HEREBY GIVEN
THAT TIlE COUNCIL OF THE CITY OF
DUBUQUE. IOWA. WllL HOLD A
PUBLiC IlEARfNG ON TIlE 6TH DAY OF
AUGUST. 1990. AT 7:30 P.M., IN THE
PUBLiC LiBRARY AUDITORIUM.
DUBUQUE, fOWA,ATWmCH MEETING
THE COUNCIL PROPOSES TO TAKE
ADDITIONAL ACTION FOR THE
AUTHORfZATION AND APPROVAL OF
A CONTRACT FOR LOAN GUARANTEE
ASSISTANΠUNDER SECTION 108 OF
THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974. AS
AMENDED (IlΠ"ACT"), fN TIlE
AMOUNT OF $1.200,000 (I1IE "SECTION
108 LOAN AGREEMENr) BY TIlE CITY
OF DUBUQUE, lOW A. IN ORDER TO
PROVIDE FUNDS TO PAY COSTS OF
AIDING IN THE PLANNING,
UNDERTAKING AND CARRYING OUT
OF THE URBAN RENEWAL PROJECT
DESIGNAlED AS TIlE DOWNTOWN I
URBAN RENEWAL PROJECT. IOWA R-
15 UNDER THE AUTHORITY OF
CHAPlER 403 OF TIlE CODE OF IOWA,
1989, AS AMENDED. IN ACCORDANCE
WITH TIlE TERMS AND CONDITIONS
OF TIlE AGREEMENT FOR SALE OF
LAND FOR PRJV AlE REDEVELOPMENT
BY AND BETWEEN THE CITY AND
BLUE MOON DEVELOPMENT
COMPANY (fOWA). AN IOWA
CORPORATION. APPROVED BY THE
CITY COUNCIL ON APRIL 16. 1990.
The Section 108 Loan Agreement shall
not he a general obligalion of the Cily bot
shall he secored and payable soleJy and only
from all grants which have been made or for
which the Cily may become eligihle in the
433
futore under Section 106 of the Act. program
income from the disposilion by sale or lease
of any real property to the extent acqoired or
rehabilitated with soch Section 106 funds
(including any interest earned on soch
disposilion proceeds) and all prooeeds
(incloding inswance and condemnalion
prooeeds) from and of the foregoing.
At the above meeting the Council shall
receive oral or written o~eclions from any
resident orpropeny owner of said Cily to the
above aclion. After all objections have been
received and considered. the Council will at
this meeting Πat any adjournment thereof.
take additional action for the authorizalion
and approval of the Section 108 Loan Agree-
ment or will abandon the proposal to autho-
rize said Section 108 Loan Agreement By
order of the Council said hearing and
appeals therefrom shall be held in
aeconiance with and governed by the pr0-
visions of Seclion 384.25 of the City Code
of Iowa.
Thia Notice is given by order of the
Council of Dubuque. fowa, as pmvided by
Sections 384.25 and 364.6 of the City Code
of Iowa. Section 384.25 shall govern this
meeliog and action taken thererat
Dated this 23rd day of July. 1990.
Mary A Davis.
Cily Clerk. Doboque, fowa
(END OF NOTICE)
Passed and approved this 23rd day of
July. 1990.
Attest:
Mary A Davis
Cily Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolulion. Seconded by Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady. Council Memhers
Deich, Heckmann. Kloesner. Nicbolsoo.
Pratt Voetherg. Nays-None.
Communicalion of Attorney Wayne A.
Nnnnan on behalf of Blue Moon Develop-
ment Co. reqoesting extension of thirty days
lime for commencement of construclion of
..
434
Spllclal Session, July 23, 1990
RESOLUTION NO. 318-90
Down-n Hotel due to completion and
",view of environmental studies and
architectural plans. prelCllted and read.
Council Member Voetherg moved that the
communicalion be received and filed and
approved extension requests (30 day
commencement of consbUction & 60 day
extensioo on completion date to Aug. 30,
1991). Seconded by Council Member
Nicholson. Canied by the following vote:
Yeas-Mayor Brady, Council Memhers
Deich, Kluesner. Nicholson. Prall, Voetberg.
NayS-Council Memher Heckmann.
Communicalion of City Manager sub-
mitting bidding documents for a Motor
Control Center fer the consbUction project at
the Eagle Point Water Plan~ presented and
read. Conncil Member Kluesner moved that
the communicalion be received and filed.
Seconded hy Council Member Voetberg.
Catried by the following vote: Yeas-Mayor
Brady. Cooncil Members Deich. Heckmann.
Kluesner. Nicholson, Prat~ Voetberg.
Nays-None.
RESOLUTION NO. 317-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW. THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL OF
TIlE CITY OF DUBUQUE. IOWA:
Section I. That the propooed plans.
specifications, form of conlnlct and estimated
cost fer the Purchase of Motor Control
Center (MMC) for the Eagle Point Water
Plan~ in the eslimated amount of $125,000
are hereby approved and ordered filed in the
office of the Cily Clerk for public inspeclion.
Passed, approved and adopted this 23rd
day of July, 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerlr
Council Member Kluesner moved adop-
tion of the Resolulion. Seconded by Cooncil
Member Voetherg. Carried by the following
vote: Y cas-Mayor Brady. Council Members
Deich. Heckmann. Kluesner, Nicholson.
Pratt Voetherg. Nays-None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
Whereas. the City Council of the City of
Dubuque. Iowa, has given its preliminary
approval on the pmposed plans. specifi-
cations. and form of contmct and planed
same on file in the office of the Cily Clerk
for public inspeclion of the Purchase of
Motor Cootrol Center (MMC) for Eagle
Point Water Plant
NOW, THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL OF
TIrE CITY OF DUBUQUE, IOWA:
Section 1. That on the 6th day of
Aogus~ 1990. a poblic hearing will he held
at 7:30 p.m. in the Public Library Audit-
orium at which lime interested persons may
appesr and he heard for or against the
proposed plans and specificalions. form of
contract and cost of said improvemen~ and
the City Clerk he and is hereby directed to
cause a nolice of lime and place of such
hearing to he poblished in a newspaper
having general circulalion in the City of
Dubuque. Iowa, which notice shall he not
less than four days nor more than twenty
days prior to the day fixed for its con-
sideralion. At the hearing. any interested
person may appear and file ohjeclions to the
proposed plans. specificalions. contmc~ or
eslimated cost of the improvement.
Passed. approved and adopted this 23rd
day ofJuly, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
Cily Clerlr
Council Memher Kluesner moved adop-
lion of the Resololion. Seconded by Council
Member Voetherg. Canied hy the following
vote: Yeas-Mayor Brady, Council Members
Deich. Heckmann. Kluesner. Nicholson.
Prat~ Voetherg. Nays-None.
SpeCial Session, July 23,1990
RESoLUTION NO. 319-90 I Mary A. Davis
Cily Clerk
ORDERJNG BIDS
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF
TIlE ClTY OF DUBUQUE, IOWA:
Section 1. That the Purchase of Motor
Control Center for the Eagle Point Water
Plant is hereby ordered to he advertised for
bids for construction.
Section 2. TIutt the amount of the
securily to accompany each bid shall be in
an amount which shall conform to the pr0-
visions of the nolice to bidders herehy
approved as a part of the plans and
specificalions heretofore adopted.
Section 3. That the Cily Clerk is hereby
directed to advertise for bids for the purchase
of the equipment herein provided, to he
pohlished in a newspaper haviug general
circuIalion in the Cily of Dubuqoe, Iowa,
which nolice shall not he Jess than four days
nor more than twenly days prior to the
receipt of said bids at 2:00 p.m. on the 31st
of July. 1990. Bids shall he opened and read
by the Cily Cleric at said lime and will he
submitted to the Council for final aclion at
7:30 p.m on the 6th day of Angust. ]990.
Passed. approved and adopted this 23rd
day of July. 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
Cily Cleric
Council Member Kluesner moved adop-
tion of the ResoJulion. Seconded by Cooncll
Member Voetherg. Canied by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Heckmann. Kluesner. Nicholson.
Pratt. Voetherg. Nays-None.
There being no further business. Council
Member Pratt moved adjournment of the
meeling. Seconded by Cooncil Member
Voetherg. Canied by the following vote:
Yeas-Mayor Brady, Cooncil Members
Deich. Heckmann. Kluesner. Nicholson.
Pran. Voetherg. Nays-None.
Meeting adjourned at 5:03 p.m.
435
Approved
1991.
Attest:
~a~
Clerk