Tunnel Under Main Street / Five Flags Tunnel Research 9-20-19Special Session, June 18, 1984 229
construction of Chaplain Schmitt
Memorial Island Park and Recreation
Complex, construction of Infields and
Warning Tracks AND Communication
of City Manager recommending to
award contract to McDermott Ex-
cavating, 14.5% under the Engineer's
estimated, presented·and read.
Council Member Hammel moved
that the proof of publication and the
communication be received and filed.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas-Mayor Brady, Council Mem•
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 179,,84
WHEREAS, sealed proposals have
been submitted by contractors for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex -Con-
struction of Infields and Warning
Tracks pursuant to Resolution No.
140·84 and notice of bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 24th day of.
May, 1984.
WHEREAS, said sealed proposals
were opened and read on the 7th day of
June, 1984 and it has been determined
that the bid of McDermott Ex-
cavating of Dubuque, Iowa in the
amount of $29,565.90 was the lowest
bid for the furnishing of all labor and
materials and performing the work as
provided for in the plans and specifica·
tions.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
That the contract for the above men·
tioned improvement be awarded to
McDermott Excavating and the
Manager be and is hereby directed to
execute a contract on behalf of the Ci·
ty of Dubuque for the complete perfor-
mance 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 tho bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
18th day of June, 1984.
ATTEST:
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas-Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays-None.
Petition of Investment Counselors,
Inc, requesting issuance of Industrial
Development Revenue Bonds in amt.
of $10,000,000.00, presented and read,
Council Member Beurskens moved
that the petition be received and filed
and approved. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas-Mayor Brady, Council Mem·
hers Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays-None.
Abstain-Council Member Hammel,
RESOLUTION NO. 180-84
A Resolution Authorizing the Execu-
tion of a Memorandum of Agreement
with Investment Counselors, Inc.
WHEREAS, the City of Dubuque,
· Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incor-
porated municipality authorized and
empowered by the .provisions of
Chapter 419 of the Code of Iowa, 1988,
as amended (the "Act") to issue
revenue bonds or notes for the purpose
of financing the cost of acquiring, by
construction or purchase, land,
buildings, improvements and equip·
ment, or any interest therein, suitable
for the use of any commercial enter-
prise or nonprofit organization which
this Council finds is consistent with an
urban renewal plan for an urban
renewal area which has been
designated by the Issuer, prior to July
1, 1979, pursuant to Chapter 403 of
the Code of Iowa, 1983, as amended
("Chapter 403"); and
WHEREAS, the Issuer designated
230 Special Session, June 18t 1984
prior to July 1. 1979, a certain area
within the Issuer as an Urban renewal
area, known as Downtown Urban
Re~ewal Project, and adopted an ur,,
ban renewal plan for such area, all in
conformity with the provisions of
Chapter 403; and
WHEREAS, the Issuer has been re-
quested by Investment Counselors,
lnc. (the "Company'1 to issue its
revenue bonds pursuant to the Act for
the purpose of financing the acquisi-
tion by construction or purchase of
land, a building, equipment and im·
provements suitable for use as a hotel
with approxhnately 200 rooms, plus
meeting rooms, restaurants, recrea·
tional facilities, commercial and retail
{]
op space, and parking facilities, and
be connected by skywalk to the
1ve-Flags Civic Center {the
"P!:oject") located within the Issuer on
the block bounded by Main Street on
the east, Iowa Street on the west, 4th
Street on the south and 5th Street on
the north; and
WHEREAS, a Memorandum of
Agreement in the form and with the
contents set forth in Exhibit A attach-
ed hereto has been presented to the
Issuer, under the terms of which the
Issuer agrees, subject to the provi•
slons of such Agreement, to pursue
proceedings necessary under the Act
to issue its revenue bonds for such pur-
pose;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section. 1. It is hereby determined
that the Project is located within the
Downtown Urban Renewal Project
area and is consistent with the urban
renewal plan approved for said area.
Section. 2. The Memorandum of
Agreement in the form and with the
contents set forth in Exhibit A attach·
ed hereto be and the same is hereby ap-
proved and the Mayor is . hereby
authorized to execute said Memoran-
dum of Agreement and the Clerk is
hereby authorized to attest the same
and to affix the seal of the Issuer
thereto, said Memorandum of Agree-
ment which constitutes and is hereby
made a part of this Resolution to be in
substantially the form, text and con-
taining the provisions set forth in
Exhibit A attached hereto.
Section 3. Officials of the Issuer are
hereby authorized to take such further
action as m{iy be necessary to cany
out the intent and purpose of the
Memorandum of Agreement.
Section 4. All resolutions and parts
thereof in conflict herewith a.are hereby
repealed to the extent of such conflict.
Passed, and approved t~ 18th day
of June, 1984.
AT'I'EST:
James E. Brady
Mayor
Mary A. Davis
City Clerk
EXHIBIT A
Memo!andum of Agreement
THIS MEMORANDUM OF
AGREEMENT is between the City of
Dubuque, Iowa, (the "Issuer"I and In-
vestment Counselors, Inc. (the "Com·
pany").
1. Preliminary Statement. Among
the matters of mutual inducement
which have resulted in the execution of
this Agreement are the following:
(a) The Issuer is authorized by
Chapter 419 of the Code of Iowa,
1983, as amended (the "Act") to
issue revenue bonds or notes for
the purpose of financing the cost
of acquiring, by construction or
purchase, land, buildings, im-
provements and equipment, or.
any interest therein, suitable for
the use of any commercial enter·
prise or nonprofit organization
which this Council finds is consis·
tent with the urban renewal plan
for an urban renewal area which
has been designated by the
Issuer, prior to July 1, 1979, pur·
suant to Chapter 403 of the Code
of Iowa, 1983, as amended
("Chapter 403").
(b) The Company wishes to ob-
tain satisfactory assurance from
the Issuer that, subject to the
purlic hearing requir,id by the
Act and Section 103(k) of the In-
ternal Revenue Code, such bonds ·
will be issued by the Issuer in a
principal amount sufficient to
finance in part the costs of the
acquisition by construction or
purchase of land, a building,
Special Session, June 18, 1984 231
equipment and improvements
suitable for use as a hotel with
approximately 200 rooms, plus
meeting rooms; restaurants,
recreational facilities, eommerclal
and retail shop space, and park·
i.ng facilities, and to be connected
by skywalk to the Five-Flags
Civic Center (the "Project")
located within the Issuer on the
block bounded by Main Street on
the east. Iowa Street on the west,
4th Street on the south and 5th
Street on the north.
(c) The Issuer considers that the
acquisition and construction of
the Project and the financing of
the same will promote the welfare
and prosperity of the Issuer and
its citizens and secure the public
pul'POses set forth in the Act.
2. Undertakings on the· Part of the
Issuer.
(a)·The Issuer will begin the pro-
ceedings necessary to authorize
the issuance of such bonds in an
aggregate principal amount not
to exceed $10,000,000.
(b) Subject to due compliance
with all requirements of law, in-
cluding the provisions of and the
public heating required by the
Act and Section 103(k) of the In-
ternal Revenue Code, it will
cooperate with the Company in
the issuance and sale of such
bonds, and the proceeds from the
issuance of such bonds shall be
loaned to the Company, or a part-
nership in which the Company
will be a partner, upon terms suf-
ficient to pay the principal of and
interest and redemption
premium, if any, on such bonds,
as and when the same shall
become due.
3. Undertakings on the Part of the
Company.
(~) It will use all reasonable ef•
forts to cooperate with the Issuer
and comply with the Act and all
other provisions of law relating
to tlte Project and the issuance
and sale of such bonds.
(b) It will enter into a Loan
Agreement with the Issuer under
the terms of which the Company,
or a partnership in which the
Company will be a partner, will
obligate itself to pay to the
Issuer sums sufficient to pay the
principal of and interest and
redemption premium, if any, on
such bonds as and when the same
shall become due and payable.
(c) It will reimburse the Issuer
for all reasonable and necessary
direct out-of-pocket expenses
which the Issuer may incur at
the Company's request arising
from the execution of this Agree-
ment and the performance by the
Issuer of its obligation
hereunder, whether or not such
bonds are issued.
4. Genel'al Provisions.
(a) All commitments on the part
of the Issuer and the Company
herein are subject to the condi-
tion that on or before.one year
from the date hereof (or such
other date as shall be mutually
agreed to) the Issuer and the
Company shall have agreed to
mutually acceptable terms
relating to the issuance and sale
of such bonds.
(b) All commitments of the Issuer
hereunder are further subject to
the conditions that the Issuer
shall in no event incur any liabili·
ty for any act or omission
hereunder, and that such bonds
described herein shall not con·
stitute an indebtedness of the
Issuer within the meaning of any
constitutional or statutory provi·
sion and shall not constitute nor
give rise to a pecuniary liability
of the Issuer or a charge against
its general credit or taxing
powers.
Dates this 18th day of June, 1984.
City of Dubuque, Iowa
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
(Seal)
(Seal)
Investment Counselors, Inc.
By~~~~~~~~~
John R. VanDeuyn V.P.
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
232 Special Session, June 18, 1984
by the following vote: said area; and
Yeas-Mayor Brady, Council Mem·
hers Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays-None.
Abstain-Council Member Hammel.
RESOLUTION NO. 181-84
Resolution fixing a date for hearing on
proposed Commercial De-velopment
Revenue Bonds, Series 1984 (Invest·
ment Counselors Project)
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incor·
porate·d municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1988,
as amended (the '' Act") and Chapter
403 of the Code of Iowa, 1983, as
amended, to issue revenue bonds or
notes for the purpose of financing the
cost of afquiring, by construction or
purchase, land, buildings, im-
provements and equipment, or any in-
terest therein, suitable for the use of
any commercial enterprise or non-
profit organization which this Council
finds is consistent with an urban
renewal plan for an urban renewal area
which has been designated by the City;
and
WHEREAS, the Issuer has been re-
quested by Investment Counselors,
Inc. (the "Company"), an Iowa cor•
poration, to issue its revenue bonds to
finance in part the cost of the acquisi•
tion by construction or purchase of
land, a building, equipment and im·
provements suitable for use as a hotel
with approximately 200 rooms, plus
meeting rooms, restaurants, recrea·
tional facilities, commercial and retail
shop space, and parking facilities, and
Ll be connected by skywalk to the
ive-Flags Civic Center (the
Project") located within t~e Issuer on
the block bounded by Mam Street on
the east, Iowa Street on the west, 4th
Street on the south and 5th Street on
the north, which will promote the
welfare of the Issuer and its citizens;
and
WHEREAS, the City has determin-
ed that the Project is located within
the Downtown Urban Renewal Project
Area of the City and is consistent with
the urban renewal plan approved for
WHEREAS, it is proposed to
finance in part the cost of the Project·
through the issuance of Commercial
Development Revenue Bonds, Series
198 !Investment Counselors Project)
of the Issuer in an aggregate principal
amount not to exceed $10,000,000 (the
"Bonds") and to loan said amount to
the Company under a Loan Agreement
between the Issuer and the Company,
or a partnership in which the Company
will be a partner, the obligation of
which will be sufficient to pay the prin•
cipal of' !lnd redemption premium, if
any, and interest on the Bonds as and
when the same shall be due and
payable; and
WHEREAS, before the Bonds may
be issued, it is necessary to conduct a
public hearing on the proposal to issue
the Bonds, all as required and provid·
ed for by Section 419.9 of the Act and
Section 108(k) of the Internal Revenue
Code;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. This Council shall meet at
the Carnegie-Stout Public library
Auditorium in Dubuque, Iowa, on the
16th day of J_uly, 1984, at 7:80 o'clock,
p.m., at which time and place a public
hearing shall be held on the proposal to
issue the Bonds referred to in the
preamble hereof, at which hearing all
local residents who appear shall be
given an opportunity to express their
views for or against the proposal to
issue the Bonds.
Section 2. The Clerk is hereby
directed to give notice of intention to
issue the Bonds, setting forth the
amount and purpose thereof, the time
when and place where the hearing will
be held, by publication at least once
not less than fifteen (15) days prior to
the date fixed for the hearing, in the
Telegraph Herald, a newspaper
published and having a general circula·
don within the Issuer. The notice shall
be in substantially the frill-Owing form:
(Notice of Intention to Issue
Commercial Development Revenue
Bonds -Series 1984
(Investment Counselors Project)
The City Council of the City of
Special Session, June 18, 1984 233
Dubuque, Iowa, (the "Issuer") will
meet on the 16th day of July, 1984, at
Carnegie-Stout Public Library
Auditorium in Dubuque, Iowa, at 7:30
o'clock, p.m., for the purpose of con·
ducting a public hearing on the pro•
pm1al to issue Commercial Develop-
ment Revenue Bonde, Series 1984 (In·
vestment Counselors Project) of the
Issuer, in an aggregate principal
amount not to exceed $10,000,000 (the
·"Bonds"), and to loan said amount to
Investment Counselors, · Inc. (the
"Company"), or a partnership in which
the Company will be a partner, for the
purpose of defraying the cost, to that
amount, of the acquisition by con·
struction or purchase of land, a
building, equipment and im·
provements suitable for use as a hotel
with approximately 200 rooms, plus
meeting rooms, restaurants, recrea-
tional facilities, commercial and retail
:. ohop space, and parking facilities to be
. · connected by skywalk to the Five-
.· Flags Civic Center, and to be located
· within the Downtown Urban Renewal
Project area of the Issuer and consis·
tent with the Issuer's urban renewal
plan for said area. The . Bonds, when
issued, will be limited obligations and
will not constitute general obligations
of the Issuer nor will they be payable
in any manner by taxation, but the
Bonds will be payable solely and only
from amounts received by the Issuer
under a Loan Agreement between the
Issuer and the Company, the obliga·
tion of which will be sufficient to pay
the principal of and interest and
redemption premium, if any, on the
Bonds as and when the same shall
become due.
At the time and place fixed for said
public hearing all local residents who
appear will be given an opportunity to
express their views for or against the
proposal to issue the Bonds, and at the
hearing or any adjournment thereof,
the Issuer shall adopt a resolution
determining whether or not to proceed
with the issuance of the Bonds. Writ-
ten comments may also be submitted
to the Issuer at City Clerk, City Hall,
Dubuque, Iowa. Written comments
must be received by the above hearing
date, ..
· By order· of the City Council, this
18th day of June, 1984.
Mary A. Davis
City Clerk
Section 3. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of suck conflict.
Passed, and approved this 18th day
of June, 1984.
ATTEST:
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
' Yeas-Mayor Brady, Council
Members Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays-None.
Abstain-Council Member Hammel.
Communication of City Manager
submitting Resolution requesting that
a Public Hearing be held on June 26 to
amend the Urban Renewal Plan,
presented and read.
Council Member Kluesner moved
that the conununication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas-Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays-None.
Abstain-Council Member Hammel.
RESOLUTION NO. 182-84
A Resolution Fixing the Date of
Public Hearing for an Amendment to
the Urban Renewal Plan for the
Downtown Urban Renewal Project,
'Iowa R·15.
WHEREAS, on May 18, 1967, the
City Council of the City of Dubuque,
Iowa, after public hearing duly
adopted an Urban Renewal Plan for
the Downtown Urban Renewal Area
Project, Iowa 5· 15 (herein called the
"Project"), and
WHEREAS, the City of Dubuque is
carrying out the Project in confor-
mance with the approved Urban
Renewal Plan; and
WHEREAS, it is deemed to be in
284 Special Session, July 16, 1984
Council Member Beurskens moved
final adoption of the Resolution ..
Seconded by Council Member Kron·
feldt. Carried by the following vote:
Yeas-Mayor Brady, Council Mem·
hers· Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays-None.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 219-84
WHEREAS, proposed plans and
specifications and form of contract for
the Dubuque Dog Racing Facility,
Grading have been approved by the
City Council of the City of Dubuque
and public notice given as provided by
the Code of Iowa pertaining to public
contracts and bonds, and the time and
place fixed for the hearing of all objec·
tions to said plans, specifications or
contract for or cost of such im-
provements, said time being this 16th
day of July, 1984; and
WHEREAS, the City Council met in
special session this 16th day of July,
1984, at 7:30 p.m. at the Public
Library Auditorium for the purpose of
hearing all interested parties and con· ·
sidering any and all objections which
have been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described and
proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this Resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement. ·
Passed, approved and adopted this
16th day of July, 1984,
James E. Brady
Mayor
ATI'EST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded ·
by Council Member Kronfeldt. Carried
by the following vote:
Yeas-Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning,
Nays-None.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tors of the receipt of proposals for the
Dubuque Dog Racing Facility AND
Communication of City Manager sub·
mitting results of bids received on Ju·
ly 10, 1984 regarding above project,
presented and read.
Council Member Beurskens moved
that the proof and communication be
received and filed. Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote:
·Yeas-Mayor Brady, Council Mem·
hers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays-None.
Council gave direction to reject the
present bids and readvertise Jor same.
Proof of publication, certified to by
the Publisher, on Notice of Intention
to Issue Commercial Development
Revenue Bonds, Series 1984 (Invest·
ment Counselors Project) in a principal
amount not to exceed $10,000,000
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Beurskens moved
that the proof of publication be receiv•
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas-Mayor Brady, Council Mem·
hers Beurskens, Deich, Kluesner,
Special Session, July 16, 1984 285
Kronfeldt, Manning.
Nays-None.
Abstain-Council Member Hammel.
RESOLUTION NO. 220-84
Resolution to Proceed with the Is·
suance and Sale of Commercial
Development· Revenue Bonds, Serles
1984 (Investment Counselors Project)
in an aggregate principal amount not
to exceed $10,000,000
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the ! 'Issuer") is an incor-
porated municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1983,
as amended (the "Act") to issue
revenue bonds for the purpose of
financing the cost of acquiring, by con•
struction or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for the use of
any commercial enterprise or non-
profit organization which this Council
finds is consistent with an urban
renewal plan for an urban renewal area
which has been designated by the City;
and
WHEREAS, the Issuer has been re-
quested by Investment Counselors,
Inc. (the "Company"), an Iowa cor·
poration, to issue its commercial
development revenue bonds to finance
in part the acquisition by construction
or purchase of land, a building, equip·
ment and improvements suitable for
use as a hotel with approximately 200
rooms, plus meeting rooms, restau·
rants, recreational facilities, commer· a. l and retail shop space, and parking
cilities, to be connected by skywalk
the Five-Flags Civic Oenter (the
roject") located within the Issuer on
the block bounded by Main Street on
the east, Iowa Street on the west, 4th
Street on the south and 5th Street on
the north, which will promote the
welfare of the Issuer and its citizens;
and
WHEREAS, it is proposed to
finance in part the cost of the Project
through the issuance of Commercial
Development Revenue Bonds, Series
1984 {Investment Counselors Project)
of the Issuer in an aggregate principal
amount not to exceed $10,000,000 (the
"Bonds") and to loan said amount to
the Company under a Loan Agreement
between the Issuer and the Company,
or a partnership in which the Company
will be a partner, the obligation of
which will be sufficient to pay the prin-
cipal of and interest and redemption
premium, if any, on the Bonds, as and
when the same shall be due; and
WHEREAS, notice of intention to
issue the Bonds has, as directed by the
City Council of the Issuer, been duly
given in compliance with the Act; and
WHEREAS, a public hearing has
been held on the proposal to issue the
Bonds at the time and place as
specified in said notice and all objec·
tions or other comments relating to
the issuance of the Bonds have been
heard;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. It is hereby determined
that it is necessary and advisable that
the Issuer proceed with the issuance
and sale of the Bonds as authorized
and permitted by the Act to finance
the cost of the Project, and such ac·
tions will be taken by the Issuer as
may be required pursuant to the provi-
sions of the Act to authorize, issue and
sell the Bonds.
Section 2. The Issuer will enter into
all agreements necessary to be entered
into by the Issuer in connection with
the issuance and sale of the Bonds.
The City Attorney shall approve all
agreements ta be entered into in con•
nection with the issuance of the Bonds
and such agreements shall be authorlz·
ed and approved by the City Council of
the Issuer after due consideration prior
to their execution by the Issuer.
Section 3. The Mayor, the City Clerk
and the City Attorney are hereby
authorized and directed to do any and
all things deemed necessary in order to
effect the accomplishment of the Pro·
ject and the issuance and sale of the
Bonds.
Section 4. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. This Resolution shall
become effective immediately upon its
passage and approvaL
70 Regular Session, February 19, 1990
painting of the 1.4 MMG Park Hill Waler
Storage Tank, in Dubuque, Iowa, and
authorizing the City Clerk to publish notice
thereof; and
Whereas, the City Council further
directed the City Clerk to advertise for bids
for the project, notifying bidders that such
bids were due in the City Clerk's office on
or before 2:00 o'clock p.m on February 20,
1990. and further notifying bidders that a
contract would be awarded at the regular
City Council meeting of March 5, 1990, or
at such subsequent time as the City Council
might determine; and
Whereas, the City Cowicil at its meeting
of Februaxy 5, 1990, cancelled the regular
City Council meetingforMarchS, 1990; and
Whereas, a new public hearing date
should be fixed by the City Council, and
notice thereof published in !he manner re-
quired by law.
NOW, THEREFORE, BE IT
RESOLVED BY TIIE CITY OlUNCil..OF
THE Cl1Y OF DUBUQUE, IOWA:
Section 1. The public hearing previously
scheduled for March 5, 1990, on the Plans
and Specifications fortheOeaning, Repair-
ing and Painting of the 1.4 MMG Park Hill
Water Storage Tank is hereby cancelled and
rescheduled for Monday, March 19, 1990, at
7:30 o'clock p.m. in the Public Library
Auditorium.
Section 2. The City Council hereby reaf-
finns the deadline for bids for the project
previously established as 2:00 o•ctock p.m
on February 20, 1990, at which time all bids
must be received in the aty Clerk's office.
The City Council further reaffirms that a
contract will be awarded at the March 19,
1990, City Council meeting or at such sub-
sequent time as the Council may detennine.
Passed, approved and adopted this 19th
day of February, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Heckmann moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Canied by the
following vote: Yeas-Mayor Brady, Coun·
cil Members Deich, Heckmann. Kluesner,
Nicholson. Pratt, Voetberg. Nay,-Nonc.
Conununication of Trilog advising of
their selection of Ryan Construction
Company as the develcper for their new
building, presented and read. Council Mem-
ber Pratt moved that the communication be
received and filed. Seconded by Council
Member Voetberg. Carried by the foIJowing
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Prau, Voetberg. Nays-None.
Communication of Ryan Construclion
Company requesting City to enterin1a a land
sale agreement for Lots 12 and 12A in
Dubuque Downtown Plam., presented and
read. Council Member Pratt moved that the
communication be received and filed and
referred to the Meeting of March 12, 1990.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady. Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voelberg. Nays-None.
Council Member Voetberg moved that
the Corporation Counsel be authorized and
directed to institute Eminent Domain
Proceedings for properties in the Ice Harbor
Urban Renewal Di.strict
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
John O'Connor spoke on behalf of Molo
Companies, requesting City to table the mo-
tion.
Bob Malo. 123 Southern Ave., spoke
requesting relocation assistance.
An update on hotel site plan as submitted
by Blue Moon Development/Hard Hat
Group was presented by Community
Development Director Jim Burke.
RF.SOLUTION NO. 63-90
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA, that the following having complied
with the provisions oflaw relating to the sale
of Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigarettes
and Cigarette Papers within said City.
Chi.Chi •s Restaurants. U.S.A. Inc.
My-Cap, 800 Wacker Drive
Passed, approved and adopted this 19th
day of February 1990.
James E. Brady
Mayor
I
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Regular Session, April 23, 1990 217
Section 1, That the bid for the bonds as
above set out is hereby determined to be the
best and most favorable bid received and,
said bonds are hereby awarded based on said
bid.
Section 2. That the statement of infOl"-
mation for bond bidders and the form of
contract for the sale of said bonds are hereby
approved and the Mayor and Clerk are
authorized to execute the same on behalf of
the City.
Section 3. That the notice of the sale of
the bonds heretofore given and all acts of the
Clerk done in furtherance of the sale of said
bonds are hereby ratified and approved.
Passed and approved, this 23rd day of
April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Se,conded by Council
Member Pratt Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pralt, Voetberg. Nays-None.
Proof of publication, certified to by the
Publisher, on Notice of Sale of $1,965,000
General Obligation Bonds, Series 1990 and
communication of Speer Financial, Inc.
reoommending to award bid to Harris Trust
and Savings Bank & Associates at a net
interest rate of 6.6736%, presented and read.
Council Member Voetberg moved that the
proof of publication be received and filed.
Seconded by Council Membe:r Heckmann.
Canied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 177-90
RESOLUTION DIRECTING SALE
OF $1,965,000 CORPORATE
PURPOSE GENERAL OBLIGATION
BONDS.
WHEREAS, pursuant to notice as re-
quired by law, bids have been received at
public sale for the bonds described as
follows and the best bid received is
determined to be the following:
$1,965,000 CORPORATE PURPOSE
GENERAL OBLIGATION BONDS:
Bidder: Hanis Trust and Savings Bank &
Associates of Chicago, IL
the terms of said bid being:
Total Interest
Plus Discount
Net Interest Cost
Net Interest Rate
$778,501.12
$17,567.10
$796,068.22
6.6736%
NOW, TIIEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CIIT
OF DUBUQUE, IOWA:
Sed.ion 1. That the bid for the bonds as
above set out is hereby determined to be the
best and most favorable bid received and,
said bonds are hereby awarded based on said
bid.
Section 2, That the statement of infor-
mation for bond bidders and the form of
contract for the sale of said bonds are hereby
approved and the Mayor and Clerk are
authorized to execute the same on behalf of
the City.
Section 3. That the notice of the sale of
the bonds heretofore given and all acts of the
Clerk done in furtherance of the sale of the
bonds are hereby ratified and approved.
Passed and approved, this 23rd day of
April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
There was a discussion of the feasibility
of a tunnel or a skywalk for the Downtown
Hot.el, linking it with the Five Flags Cent.er.
Community Development Director Jam;s
Burke made a presentation. After discussion,
Staff was directed to provide a cost estimate
for a tunnel with an outside and inside
entrance into Five Flags Center.
There being no further business, Council
Member Voetberg moved to adjourn.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann.
Regular Session, June 1s. 1990 357
Communication of City Manager request-
ing Ma)'OI' be authorized and diiccted to sign
Ice Hubor Parking Agreement on behalf of
the City. presented and read. Council
Member Voetberg moved dial the communi-
cation be rec:cived and @ed and refern:d to
the City Manager. Seoondccl by Council
Member Nicholson. Cmried by the following
vote: Y eas-:Mayor Bnady, Council Members
Dcich, Kluesner, Nicholson, Voetberg.
Nays-None. Absent-Council Members
Heckmann, Pratt
Communication of Oty Manager request-
ing Mayer be authorized and directed to
execute a Contract of Purchase for
$4,000,000 Urban Renewal Tax Increment
Revenue Bonds, presented and read. Council
Member Voetbetg moved that the communi-
cation be w::eived and filed and approved
n:qucst and authori7.ed Mayor to sign
conttact.. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-Mayor Brady.
Absent-Council Members Heckmann, Pratt.
Jim Butke to present verbal report on
status of tunnel design between proposed
downtown hoCel and S Flags Civic Ccnw.
Council Member Voetberg moved that the
report be ft!CCi. ved and filed and noted
consensus of approval for 1Unnel subject to
costing out of devdopei-. ~nded by
Council Member Nichols.on. Canied by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None.
Abaent-Council Members Heckmann, Platt
Communication of City Manager submit-
ting status report on planned :resurfacing of
Central Avenue from Sth to 20th Sl:Ieet and
requesting concu:rrence in ibe Iowa DOT' a
ICCOP1D1CDdation for an asphalt overlay in
lieu of rcconstruclion. presented and read.
Council Member Klue3ner moved that the
communication ffleeivcd and filed and
concurred with rerormD'ndation. Seconded
by Council Member Nicholson. Cani.ed by
the following vote: Yeas-Council Members
Kluesner, Nicholson, Voetberg.
Nays-Mayor Brady, Council Member
Deich. Absent-Council Members
Heckmann, Pnttt.
Conmunication of City Manager submit-
ting Ordinance approving amendments lo the
regulations relative to c:ollcction of garbago,
truh and tefuse in the City, presented and
:read. Council Member Voetberg moved that
the communication ~ ffleeived and filed.
Seeonded by Council Member Kluesner.
Carried by the following vote: Y cas-Mayor
Brady, Cooncil Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None.
Absent-Council Members Heckmann. Pratt
An Ordinance Amending Code of Onli-
nancea by adopd.ng a new Section 22-16
Definitions, and a new Section 22-38 Yani
Waste, in lieu thereof to provide for clari-
fication of the definition of Refuse and
Regulations relative to Yard Waste, pre-
sented and read. Council Member Voetberg
moved that this be considered the first
reading of the Ordinance. Seconded by
Council Membc::t' Kluesner. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None.
Absent-Council Members Heckmann. Pratt.
Communication of Corpcn.tion Coonscl
Lindahl submitting Ordinance regarding
Padrlng Meter Exemption for Official
Government Vehicles and Communication of
City Manager n:commending the ordinance
which would exempt government vehicles
with official pates from bving to "feed" the
parldng meters not be adopted, presented and
read. Council Member Deich m>ved that the
communication be re.ccived and filed.
Seconded by Council Member Nicholson.
Vole on the motion was as follows:
Yeas-Mayor Brady, Council Members
Deich. Nays-Council Members Kluesner,
Nichol.son, Voetberg. Motion failed.
An Ordinance Amending Section 32-335
of the Code of Ordinances :relating to the
applicad.on of parking meter provision to all
tnobr vehicle,, by adding theteto a new
paragraph (d), exempting motor vehicles
bearing official registration plates for certain
governmental entities including but not
limited to Municipal, County, State or
Federal Governments, presented and read.
Cotmcil Member Deich moved that this be
consi.detcd the first reading of the Ordinance.
Seoonded by Council Member Nicholson.
Vot= on the motion was as follows:
Yeas-Mayor Brady, Council Mcmben
Billy Bucks, Wm./Shirley Meyer, Cig. Permit; Liq. Lic.(8/6)('12/17)452,615
Binz, Carl objecting to City Hall Bell Tower expenditure.(10/15)542
Birch Acres located north of Kelly Lane & East of Thornwood Dr., final plat
approval. (3/19)129
Birch Acres Subd., acquiring properties re: Fremont Ave. Bridge. (12/17)6·13,614
Birch, Wm. & Tracy, Disposal of City Owned Property, 7 49 Wilson St.
(1 '1/5) (11/'l 9)551,575
Bishop, Barney, applicant, Historic Preservation Comm. (6/18)358
Bissel Square Development Group, application,funding,Low-lncome Hsg.(2/19) 7 4
Bitter, Attorney Joe, rezoning,607 E. 22nd St. (9/4)483
Bitter, Eileen, CLAIM; closure.(8/6)(8/20)454,479
Bitter, Attorney Joseph , Florence Cook, CLAIM. (3/19)(7/2)124,392
Bitter, Attorney Joseph , J. Davis, CLAIM. (12/17)616
Blake Street vacation of portion and alley east (near Kirkwood, near Loras
College etc.)16
Blake Street rezoning , amended conceptual development plan of Loras.(1 /15)8
Blake St. vacating portion from Kirkwood St. to southerly terminus,
requested by P. Ross & R. Pffifner.(10/15)(11 /5)(11 /19)531,532,549,580
Bleile, Elmer, 820 Salem, Delinquent Refuse Collection Account.(1/15)25
Bleile, Robert, CLAIM.(7/2)392
Block, Daniel re: Dock Bd. (5/7)236
Blue Moon Development Co., re: disposal of City property, new downtown hotel.
(3/12)(4/16)(4/23)(7/23)(8/6)93, 99-103, 154, 155,215,216,431-433,440-443
Blue Moon Development/Hard Hat Group re: hotel site plan etc. (2/19)( 4/16)( 4
/23)(7/23)(8/6)70, 154,215,216,431-433,441-443
Blue Moon Development Co. re: building of downtown Clarion Hotel.
('I /15)( 4/16)(4/23 (7/23)(8/6) 10, 154,2'15,2·16,431-433,440-
443
Blue Moon Development Corp. re: vacating portion of Main & Iowa St. and sale to them of
Lot A & Lot B of Block 14 in Dubuque Downtown Plaza. ( 4/23)215,216
Blue Moon Development Co. by Attorney W. Norman, requesting 30 day extension
on Hotel construction.(7/23)433
Bluff St. & 1 oth St. petition of Wm. Daugherty to vacate portion.(4/16)211
Bluff St. side of 408 W. 5th St. removal of tree, re: Fischer's Co.(1 /'15)'17
Blum, William G., sworn in as City Solicitor.(1/3)2
Boal Place (Subd. Of Lot 1-1 ), in Dbq. County, on English Mill Rd.,
final plat approval. (4/16)(8/20)209,481
Board of Health Meeting.(1 /15)( 4/16)(7 /'16)(10/15)6, ·191,394,529
Board of Supervisors re: D.A.R.E. program. (3/'19)124
BOARD OF APPEALS SUBMITTING MINUTES: 6·16
Boat, Gambling, Admission Fee Each Person.('10/'15)540
Bob's, Cig. Permit. (6/18)361
Bodega St., re: vacation of portion of 20' alley lying east of the EPL.
(8/20)(9/4) 465,485,486
Bodega St., re: final plat approval of Subd. of Lot ·11 in Industrial Sub. No.
2. & vacated portions of alley & Bodega St.(8/20)(9/4)464,485
Bodega St. re: final plat approval of Subd. of Lot 'l O of Industrial Subd. No.
2. (8/20)464
2