1986 July Council ProceedingsRegular Session
OFFICIAL
Regular Session, July 7, 1986.
Council met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Lindahl.
Absent: Council Members Kluesner,
Manning.
Mayor Brady read the call and stated
that service thereof had been duly made
and ti]is Meeting is the REGULAR
SESSION of the City Council called for
the purpose to act upon such business
which may properly come before the
Council.
PROCLAMATION: July 13th as
"Colte Drum & Bugle Corps 'Music on
the March' Day."
Council Member Deich moved to sus-
pend the rules to let anyone present ad-
dress the council if they so desire.
Seconded by Council Member Kronfedlt.
Carried by the Iollowing vote:
Yeas--Mayor Brady, Council
Members Delch, Krieg, Kronfeldl
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to adopt a Conceptual Development
Plan for the Kennedy Mall PC Planned
Commercial District, presented and
read. Council Member Simon moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
~ Members Deich, Krieg, Kronfeldt~
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
M'r. Phil Richley of the Cafaro Co. for
Kennedy Mall, spoke to their proposed
plans.
· ORDINANCE NO. 48-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
July 7, 1986
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA, BY ADOPTING A
CONCEPTUAL DEVELOPMENT
PLAN FOR THE KENNEDY MALL
PC PLANNED COMMERCIAL
DISTRICT AT 555 JOHN F. KEN-
NEDY ROAD, said Ordinance having
been presented and read at the Council
Meeting of June 16, presented for final
adoption. Council Member Simon mov-
ed final adoption of the Ordinance.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
ORDINANCE NO. 48-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA" BY ADOPTING A CONCEP-
TUAL DEVELOPMENT PLAN FOR
THE KENNEDY MALL PC
PLANNED COMMERCIAL DIS-
TRICT AT 555 JOHN F. KENNEDY
ROAD.
WHEREAS, the Cafaro Company,
owner and developer, filed an appli-
cation for Conceptual Development
Plan approval for certain property
hereinafter described te accordance
231
Regular Session, July 7, 1_._~986
received the recommendation of the
Planning and Zoaing Comn~lasion and
has held its own Public Hearing on
said Conceptual Development Plan
pursuant to required published notice
WHEREAS, the City Council ha:
approved said Conceptual Develop-
ment Plan subject tx) the same spe-
rific conditions and restrictions.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQIIE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
Commercial District as follows:
1) Tbe sign regulations shall be the
same as that wlilch are allowed in tl~e
C-3 General Commercial District as
establlahed in Section 4-3.11 Schedule
of Sign Regulations of the Zoning
Ordinance of the City of Dubuque,
Iowa.
E. Site Development Standards.
The site development standards for
this Planned Commercial District shall
be as follows:
1) A Final Site Development Plan
shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance of
the City of Dubuque, Iowa.
be amended by revising Appendix A 2) A landscape area that equala 20%
?e,~eof, also krnowII as the "Zoning[ of the b~ilding coverage area, not to
urdinance and Zon?g Map of the City ~ exceed 7,200 squm'e feet, shall be pro-
of Dubuque, Iowa , by adopting an~t [ vided and maintained for the area ore-
approving the Conceptual Develop- [ posed for the fabric stx)re and Gin&ma
ment Plan for the following described 6 Theater.
property, to w t 3) Screening shall be provided in
Lot I of Lot 1 of Lot 1 of Lot 1 of accordance with Section 4-5.4 of the
Lot I of Hawkeye Stock Farm except
the portion in public right of way,
and Lot 1 of Lot 2 of Lot 2 of Cfin-
que, Inc. Addition, all in the City of
Dubuque, Iowa.
Section 2. That in order to accom-
pfish the purposes of the "ID Institu-
tional District" and of the Zonin~
Ordinance, the property herein abov~
described is subject to the followin~
conditions and restrictions:
· A. Use Regulations.
Fhe following regulations shall apply
to all uses made of land in the above
described Planned Commercial Dis-
trict:
1) The principal permitted uses shall
be [infited to those uses as permitted
by Section 3-3.8B of the Zoning OrdL
nance of the City of Dubuque, Iowa,
except that no residential uses will be
permitted.
2) Accesso~¢ uses shall be limited to
any use custmnarily incidental and
subordinate to tfie principal use it
3) No conditional uses will be
allowed.
B. Development of land in this par-
ticulm' PC Planned Commercial Dis-
trict shall be regulated with a 30 foot
front yard setback for all buildings and
C.Parklng Requirements.
The off-street pm'king requirements for
the principal permitted uses shall be
the same as that designated by Section
3-3.8B of the Zoning Ordinance of the
City of Dubuque, Iowa.
D. Signs.
The following regulations shall apply
to all signs in this particular Planned
Zoning Ordinance of the City of
Dubuque, Iowa.
4) Concrete curbing shall be pro-
vided along the north and south side
of the collector-type internal drive
fi'om Century Drive to the Younker's
building.
5) Concrete barriers shall be pro-
vided at the end of each line of park-
ing stalls for the area denoted
"Proposed Areas of Change in Use".
6) Tbe collector drive fi'om Stone-
man Road to Century Drive be delin-
eated as such.
7) The existing access onto Stone-
man Road be improved to City stan-
dards and no otfier access from
Steneman Road be allowed.
F. 'lime Limitation.
Tbe timetable for construction and
submittal of a Final Site Development
Plan shall be established in confor-
nmnce with the following standards:
l) The Conceptual Development
Plan shall be va[id ihr a period of three
years from the date of adi)ption of this
Ordinance, provided that after the first
year, if no Final Site Development
Plan has been filed, the Conunission or
Council may require the resubmission
of a Conceptual Development Plan.
G. Transfer of Ownership.
l) Transfer of ownership or lease of
property in this PC Planned Commer-
cial District shall include in the trans-
fer or lease agreement a provision that
the purchaser or leasee acknowledges
awm'eness of the conditions authorizing
the establishinent of tiffs District.
Section 3. A Final Site Develop-
mcnt Plan shall be approved by the
City Development Planner if found to
232
Regular Session, July 7, 1986
be in conformance with the~YING PROPERTY KNOWN AS
Development Plan, and if found to be UNIVERSITY PARK FROM R-1
in conformance with said Plan, the SINGLE FAMILY RESIDENTIALTO
issuance of Building Permits shall be ID INSTITUTIONAL DISTRICT AND
permitted. Following approval of a APPROVE A CONCEPTUAL
Final Site Development Plan, no con~ DEVELOPMENT PLAN FOR THE
struction may take place except in AMERICAN RED CROSS ID IN-
substantial conformance with such STITUTIONAL DISTRICT, said Or-
Plan.
PASSED, ADOPTED AND
APPROVED this 7th day of July,
1986.
JAMES E. BRADY, MAYOR
ATTEST:
MARY A. DAVIS, CITY CLERK
ACCEPTANCE OF
ORDINANCE NO. 48-86
We, the undersigned Cafaro Company
having read the terms and conditions
of the foregoing Ordinance No. 48-86
and being familiar with the conditions
thereof, hereby accept the same and
agree to the conditions required
therein.
Dated at Dubuque, Iowa this 7th
day of July, 1986.
THE CAFARO COMPANY
By; John J. Carafe, Ex. V.P.
By: J. Phillip-Richley,
Vice President of Development
Published officially in the Tehigq'aph
Herald tbis 1 lth day of July, 1986
Mary A. Davis
City Clerk
Proof of publication, certified to by the
Publisher, on Notice o£ Public Hearing
to rezone property known as Universi-
ty park from R-1 Single Family District
to ID Institutional District as requested
by the American Red Cross, presented
and read. Council Member Simon mov-
ed that the proof of publication be
received and filed. Seconded by Council
Member Krieg. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
ORDINANCE NO. 49-86
AN ORDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA" BY RECLASS-
dinance having been presented at the
Council Meeting of June 16 1986,
presented for final adoption.
Council Member Simon moved final
adoption of the Ordinance. Seconded by
Council Member Krieg. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfedlt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
ORDINANCE 49-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
~OWA" BY RECLASSIFYING
~IEREINAFTER DESCRIBED
PROPERTY FROM R-I SINGLE-
FAMILY RESIDENTIAL DIS-
TRICT TO ID INSTITUTIONAL
DISTRICT AND APPROVE A CON-
CEPTUAL DEVELOPMENT PLAN
FOR THE AMERICAN RED CROSS
ID INSTITUTIONAL DISTRICT.
WHEREAS, Dane County Chap-
ter/Badger Regional Blood Services of
the American Red Gross, owner and
applicant, filed an application for
reclassification from R-1 Single-Family
~eMdenfial tx) ID Institutional District
regulations as set forth in Section 8-5.2
of the Code of Ordinances, Appendix A
thcreof, of the City of Dubuque, Iowa;
and
WHEREAS, the planning and Zon-
ing Commission has held a Public
Hearing on said application ibp zon-
ing reclassification and said Concep-
tual Development Plan pursuant to
required published notice; and
WHEREAS, the Planning and Zon-
ing Commission has approved said
application for zoning reclassification
and said Conceptual Development
Plan subject to specific conditions and
restrictions having found that said
Plan conlPrms with the review stan-
233
Regular Session, July 7, 1~986
dards applicable to such plans as Se~ nel or other institutional employees or
forth in Section 3-5.2D(4) of the Code affiliatos (14)
of Ordinances, Appendix A thereof, oi d) Classromns, laboratories, lecture
the City of Dubuque, Iowa; and halls, auditoriums and slmilar places of
WHEREAS, the Planning and Zon- institutional assembly (45)
lng Commission recommended the con- e) Off-street parking and loading
currence of the City Council in
approval of said Conceptual Develop-
meat Plan and said application fo~
zoning reclas~ification; and
WHEREAS, the City Council ha
received the recommendation of tN
(N/A)
f) Recreational or athletic facilities
for the primary use and benefit of
institutional residents or affiliates (45)
2 Accessory uses. The following uses
shall be permitted as accessory uses in
Planning and Zoning Commission an( the above described ID Institutional
hehl its own Pubic Hearing on said District:
Conceptual Development Plan and a) All uses customarily incidental to
said application for zoning reclasaifica- the principal perntitted use in conjunc-
tion pursuant to required published tion with which such accessory uses
notice; and operated or maintained, but not to
The City Council has approved said include commercial uses outside the
Conceptual Development Plan and pfincipalbuilding.
said application for zoning reclassifica- 3) No conditional uses will be
tion subject to the same specific condi-
tions and rgstrictions.
N ·
OW, ~IHEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE
IOWA:
allowed.
B, Lot and Bulk Regulations.
Development of land in the ID
Institutimml District shall be regulated
as fdilows
1) The proposed building as depicted
Section 1. That the Code of Ordi- on Parcels One, q~vo and Three shall
nances of the City of Dubuque, Iowa have a setback of 50 feet from the
be mnended by revising Appendix A northern property line abutting Bunker
thereof, also known as the "Zoning Hill GoLf Course, 60 feet from the east-
Ordinance and Zoning Map of the City ern property line abutting the Residen-
of Dubuque, Iowa", by reclassifying
from R-1 Single-Family Residential
District to ID Institutional District
and hereby adopting and approving the
Conceptual Develop~nent Plan for the
following described property, to wit:
Lot 1 of Lot I of Lot 1 of Mineral
Lot 260 excluding an area one hun-
dred and twenty-five (125) feet in
depth westerly from Bunker Hill
Road except for the fifty (50) feet
from the northerly property line
abutting Lot 1 of Lot 1 of Mineral
Lot 265 in the City of Dubuque,
Section 2. That in order to accom-
plish the purposes of the "ID Institu-
tional District" and of the Zoning
Ordinance, the property herein above
described is subject to the following
conditions and restrictions: A. Use Regulations.
The following regulations shall ap-
ply to all uses made of land in the
above described ID Institutional Dis-
trict:
1) Principal permitted uses shall be
Ibnitod to the foliowing:
a) Outpatient (donor) care facilities
(3g)
b) Health and social services; i.e.
government or other not-for-profit
agencies (I4)
c) Offices for administsative person-
fial District, 100 feet from the southern
line abutting Asbury Road and Clarke
Drive and 50 feet from the westerly
line abutting ~nmaus' property. All
other side yards shall have a 20 foot
side yard setback.
2) The height of structures for Par-
cels One, Two and Three will be lim-
ited to a maximum of 40'.
C. Site Development Standards.
The site development standards for
this ID Institutional District shall be
established as follows:
1) The landscaping and screening
requirements shall be established in
accordance with the requirements of
Section 4-5 of the Zoning Ordinance of
the City of Dubuque, Iowa. The exist-
lng coniferous trees along the south-
era property line adjoining Asbury
Road shall be maintained in any devel-
opment that occurs.
2) All other site devekipment stun-
dards of Section 4-4 shall apply,
3) Property abutting Bunker Hill
Road shall remain an open area and
not be an improved access to the prop-
D. Signs.
The following regulations shall apply
to all signs in th/s particular ID Insti-
tutional District as follows:
~) Signage for the agency identifi-
cation will be limited to flee-standing
234
Regular Session, July 7, 1986
sigr~s not to exceed 20 square fect, and
not to project higher than 6 feet above
grade.
2) Ilhmfination lighting will be sil
houette or back lighting. No intermit
tent lighting will be allowed.
3) Directional signs on the site will
be fi.ce-standing signs with no lllmni-
nation and bruited to g square feet per
sign panel.
E. Parking Requirements,
The off-street parking requirements
for the principal permitted uses for the
herein described ID Institutional Dis-
trict shall be designated by a bracket -
enclosed Bumber next to the ase,
herein described:
parking
Group
14 1 space for each 490 sq. ft.
devoted to office use m' 1 space for
each employee on the maximum shift
whichever is greater
36 ,75 space for each employee on
the maximum shift plus 3.5 spaces for
each doctor (doctors ~e not included
as employees for calculation of this
parking group)
45 Gymnasimns - 1 space for each 6
Lecture Halls - 1 space for each 6
Employees - .75 spaces for each
F. Time Limitation.
The timetable for construction and
submittal of a Final Site Development
Plan shall be established in confor-
mance with the following standards:
1) The Conceptual Development
Plan shall be valid for a period of three
(3) years provided that after the first
year, it' no Final Site Development
Plan has been filed, the Commission or
Council may require the resubmission
of the Conceptual Development Plan.
2) Development of Parcel One and
parcel Three shall occur within three
(3) years and shall cmnply with the
general concept of this Conceptual
Development Plan. Parcel Two will be
used by the Badger Regional Blood
Services/Dane County Chapter and
the Dubuque Chapter of thc American
tied Cross and development shall occur
as follows:
Complete preliminary design review
with City authorities - September
1986.
review with City authorities
November 1986.
Bidding/negotiation February
1987.
1987.
occupancy - October 1987.
3) That the reclassification from R-
1 Single-Finally Residential District to
Il) Institutional District apply to the
property hcrein above described is a
tentative reclassification and final
adoption of said reclassification is con-
tingent upon submittal of a Final Site
Development Flan. Failure ef the
developer to comply with the require-
meats as set forth herain shall auto-
maritally revert said property to its
underlying zone of R-1 Single-Family
Residential District as it existed prior
to this request.
G. Transfer of Ownership.
1) Transfer of ownership or lease of
' this ID Institutional Dis-
trict st',all include in the transfer of
lng the establishment of this disterict.
Section 3. A Final Site Develop-
~ent Plan shall be approved by the
Citv Development Planner. If found to
be in conformance with the approved
Conceptual Development Plan, and if
found to be in confornmnce with said
Plan, the issuance of Building Permits
shall be permitted. Following approval
of a Final Site Development Plan, no
substantial conformance with such
Plan.
pASSED, ADOPTED AND
ppROVED this 7th day of July,
1986. dAMES E. BRADY, MAYOR
ATTEST:
MARY A. DAVIS, CITY CLERK
ACCEPTANCE OF
ORDINANCE NO. 49-86
We, the undersigned Dane County
Chapter / Badger Regional Blood Ser-
vices of the American Red Cress hav-
ing read the terms and conditions of
thc Ibrcgoing Ordinance No. 49-86 and
being familiar with the conditions
thereol] hereby accept the same and
agree to thc conditions required
Dated at Dubuque, Iowa this 7th
day of July, 1986. DANE CODNTY
CHAPTER/BADGER
REGIONAL BLOOD SERVICES
OF TIlE
AMERICAN RED CROSS
By: A. Lee Stllwcll
Executive Director
7 7-86
Published officially in the Telegraph
lltb day of
235
Regular Session, July 7, 1986
It 711I
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to rezone properties north of Penn-
sylvania Avenue and adjoining Nor-
thrange Court from R-1 Single Family
District to R-2 Two Family District and
R-3 Multi-Family District, presented
and read. Mr. Bill Byrue
requested approval of ~
Member Simon moved that the proof of
publication be received and flied.
Seconded by Council Member Krieg.
Vote on the motion was as follows:
Yeas--Council Members Krieg,
Kronfeldt, Simon.
Nays~Mayor Brady, Councl
Member Deich.
Absent--Council Members Kinesner,
Manning.
MOTION FAILED.
An ORDINANCE mending the Cede
of Ordinances by revising Appendix A
thereof to reclassify properties north of
Pennsylvania Ave. and adjoining Nor-
thrange Court from R-1 Single Family
Residential District to R-2 Two Family
Residential District and R~3 Multl-
Family Residential District (1st reading
only given at meeting of 6-16-86),
presented and read. Council Member
Simon moved that this reading be con-
sidered the second reading of the Or-
dinance. Seconded by Council Member
Krieg. Vote on the motion was as
follows:
Yeas--Council Members Krieg,
Kranfeldt, Simon.
Nays--Mayor Brady, Counci:
Member Deich.
Absent--Council Member
Manning.
MOTION FAILED.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to revise Appendix A of the Code of Or-
dinancas to change the Signage Re-
quirements for Bed and Breakfast
Homes in OR District, allow directional
signs in a Designated Historic Preser-
vation District and exclude educational
or religious institutions from the signage
requirements of a Designated Historic
Preservation District.
Gall Naugliton, Mgr. of the Redstene,
stated that all requirements have been
Mary A. Davis met. Council Member Kronfeldt moved
~ity C erk that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Simon. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kinasner,
Manning.
An ORDINANCE revising Appendix
A of the Code of Ordlnaneas by enacting
a new OR Office Residential portion of
Section 4-3.I 1 in lleu thereof, to change
the Signage Requirements for Bed and
Breakfast Homes in the OR Office
Residential District, allow directional
signs in a Designated Historic Preser-
vation District and exclude educational
or religious institutions from the
Signage Requirements of a Designated
Historic Preservation District, said Or-
dinance having been presented and read
at the Council Meeting of June 16, 1986,
presented for further action.
Council Member Krunfeldt moved
final adoption of the Ordinance.
MOTION FAILED FOR LACK OF
A SECOND.
Council Member Kronfeldt moved to
refer the matter back to the Planning
and Zoning Dept. to study other signage
concerns. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Conned Members Kinasner,
Manning.
Proof of publication, cer~ilied to by the
Pubilsher, on Notice of Public Hearing
on Plans and Specs. etc. for the 1986
Asphalt Paving Project and the 1986
P.C. Concrete Paving Project, as amend-
ed, presented and read. Council Member
Kronfeldt moved that the proof of
publication be received and filed.
Seconded by Council Member Simon
Carried by the follow ng vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Rrunfaldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
236
Regular Session, July 7, 1986
RESOLUTION NO. 137-86
WHEREAS, on the 19th day of June,
1986, plans, specifications, form of con-
tracts and estimated cost were filed with
the City Clerk of Dubuque, Iowa, for the
1986 Asphalt Paving Project and the
1986 P.C. Concrete Paving Project, as
amended; and
WHEREAS, notice of hearing on
plans, specifications, form of contracts,
and estimated cost was published as re-
quired by law.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans, specifica-
tions, form of contract and estimated
cost for said improvements for said
project.
Passed, adopted and approved this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
Receipt of Bids for the construction of
the 1986 P.C. Concrete Paving Project;
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
receipt of bids for the construction of the
1986 Asphalt Paving Project; Com-
munication of City Manger recommen-
ding to award contracts for the 1986
Asphalt Paving Project and the 1986
P.C. Concrete Paving Project, presented
and read. Council Member Kronfe. ldt
moved that the proofs and commumca-
tlon be received and filed. Seconded by
Council Member Simon. Carded by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon. Nays--None.
Absent--Council Members Kluesner,
Man~ng.
AWARDING CONTRACT
RESOLUTION NO. 138-86
WHEREAS, sealed proposals have
been submitted by contractors for the
1986 P.C. Concrete Paving Project pur-
suant to Resolution No. 119-86 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 10th day of June,
1986.
WHEREAS, said sealed proposals
were opened and read on the 2nd day of
July, 1986 and it has been determined
that the bid of Flynn CompanY, Inc. of
Dubuque in the amount of $798,937.34
was the lowest bid for the furnishing of
all labor and materials and performing
the work as provided for in the plans and
specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
That the contractor for the above im-
be awarded to Flynn Com-
Inc. and the Manager be and is
, directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon 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
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
foilowing vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
AWARDING CONTRACT
RESOLUTION NO. 139-86
237
Regular Session, July 7, 1986
WHEREAS, sealed proposals have
been submitted by contractors for the
1986 Asphalt Paving Project pursuant
to Resolution No. 119-86 and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa
on the 10th day of June, 1986.
WHEREAS, said sealed proposals
were opened and read on the 3rd day of
July, 1986 and it has been determined
that the bid of Horsfield Construction,
Inc. of Epworth, Iowa in the amount of
$449,294.19 was the lowest bid for the
furnishing of all labor and materials and
performing the work as provided for in
the plans and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
That the contractor for the above ira-
provement be awarded to Horsfield Con-
struction, Inc. and the Manager be and
is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon 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
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kroninldt moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Communication of City Manager
recommending revocation of the Liquor
Control License held by Zella E.
Mangeno d/b/a The Bar, 1399 Jackson
St., and requesting authorization to set
the matter for a hearing, presented and
read. Council Member Kronfeldt moved
that the co~mnunication be received and
filed and approved request to set for a
Hearing on July 21, 1986 at 7:30 p.m.
in the Public Library Auditorium.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Communication of Planning and Zen-
lng Commission approving reclassifica-
tion of property located east of Harrison
St. and Mount Carmel Road, south of
Dodge St. and west of the Soo Line
Railroad right of way from HI to LI
Light Industrial District, AND Com-
munication of Bryan Mihalakis relative
to the above, presented and read. Court-
cil Member Simon moved that the com-
munication be received and filed.
Seconded by Council Member Krieg.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kronfeldt, Simon.
Nays--Council Member Krieg.
Absent--Council Members Kluesner,
Manning.
An ORDINANCE amending Appen-
dix A of the Code of Ordinances by
rezoning property located east of Hat-
risen St. and Mount Carmel Road, south
of Dodge St. and west of the Soo Line
RR right of way from HI Heavy In-
dustrial District to LI Light Industrial
District, presented and read. Council
Member Simon moved that this be the
first reading of the Ordinance and that
a Public Hearing be held on the propos-
ed Ordinance on the 4th day of August,
1986 at 7:30 p.m. and that the City Clerk
publish notice in the manner prescrib-
ed by law. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kronfeldt, Simon.
Nays--Council Member Krieg.
Absent~-Council Members Kluesner,
Manning.
Conununication of City Manager sub-
mitring bidding procedures for the 1986
Asphalt Paving Project No. 2, presented
and read. Council Member Deich mov-
ed that the communication be received
and filed. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Regular Session, July 7, 1986
Absent--Council Members Kinesner,
Manning.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 140-86
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifica-
tions, form of contract and estimated
cost for the City of Dubuque 1986
Asphalt Paving Project No. 2, in the
estimated amount of $85,975.15, are
hereby approved and ordered filed in the
office of the City Clerk for public
inspection.
Passed, adopted and approved this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Klueaner,
Manning.
FIXING DATE OF HEARING ON
PLANS AND sPECIFICATIONS
RESOLUTION NO. 141-86
WHEREAS, the City Council of the
City of Dubuque, Iowa, has ogir~et~
preliminary approval on the p p
plans, specifications, and form of con-
tract and placed same on file in the of-
lice of the City Clerk for public inspec-
tion of the City of Dubuque 1986
Asphalt Paving Project No. 2.
NOW, THEREFORE, BE IT
RESOLVED that on the 21st day of Ju-
ly, 1986, a public hearing will be hald at
7:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for or
against the proposed plans and
specifications, form of contract and cost
of said improvement, and the City Clerk
be and is hereby directed to cause a
notice of time and place of such hearing
to be published in a newspaper having
generalcirculation in the City of Dubu-
que, Iowa, which notice shall not be less
nor more than twenty
days prior to the day fixed for its con-
sideratinn. At the hearing, anY m-
terested person may appear and file ob-
jections to the proposed plans, specifica-
tions, contract, or estimated cost of the
improvement.
Passed, adopted and approved this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council Member
Deicb, Krieg, Kronfeldt, Simon.
Nays--None.
Absent--Council Member Kinesner,
Manning.
ORDERING BIDS
RESOLUTION NO. 142-86
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the City of Dubuque 1986
Asphalt Paving Project No. 2 is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accom-
pany each bid shall be in an amount
which shall conform to the provisions of
the notice to bidders hereby approved
as a part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Dubu-
que, Iowa, winch notice shall not be less
than four days nor more than twenty
days prior to the receipt of said bids at
2:00 p.m. on the 15th day of July, 1986.
Bids shall be opened and read by the Ci-
ty Clerk at said time and will be submit
ted to the Council for final action at 7:30
p.m. on the 21st day of July, 1986.
Passed, adopted and approved this
7th day of July, 1986.
James E. Brady
Mayor
I ATTEST:
239
238
Regular Sessioa, July 7, 1986
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Kring, Kronfeldi
Simon.
Nays--None.
Absent--Council Members Kluesner
Manning.
Communication of City Manager sub-
mitring Resolutions initiating the public
bidding procedure for the Wastewater
Treatment Plant Maintenance Building,
presented and read. Council Member
Simon moved that the communication
be received and fried. Seconded by Coun~
cil Member Deich. Carried by the fonow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning,
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 143-86
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifica-
tions, form of contract and estimated
cost for the Dubuque Wastewater Treat-
ment Facility Maintenance Building -
I986, in the estimated amount of
$70,000.00, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich. Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 144-86
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
rice of the City Clerk for public inspec-
tion of the Dubuque Wastewater Treat-
ment Facility Maintenance Building -
1986.
NOW, THEREFORE, BE IT
RESOLVED that on the 4th day of
August, 1986, a public hearing will be
held at 7:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for or
against the proposed plans and
specifications, form of contract and cost
of said improvement, and the City Clerk
be and is hereby directed to cause a
notice of time and place of such hearinng
to be published in a newspaper having
general circulation in the City of Dubu-
que, Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the day fixed for its con-
sideration. At the hearing, any in-
terested person may appear and file ob-
ections to the proposed plans, specifica-
tions, contract, or estimated cost of the
~mprovement.
Passed, adopted and approved this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Daich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members KIuesner,
Manning.
ORDERING BIDS
RESOLUTION NO. 145-86
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Dubuque Wastewater Treat-
ment Facility Maintenance Building -
Regular Session, July 7, 1986
1986 is hereby ordered to be advertised
for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accom-
party each bid shall be in an amount
which shall conform to the provisions of
the notice to bidders hereby approved
as a part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby d~rected
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Dubu-
que, Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the receipt of said bids at
2:00 p.m. on the 24th day of July, 1986.
Bids shall be opened and read by the Ci-
ty Clerk at said time and will be submit-
ted to the Council for final action at 7:30
p.m. on the 4th day of August, 1986.
Passed, adopted and approved this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
Communication of City Manager sub-
mitting application to UMTA regarding
renovation of Keyline Garage and re-
questing a public hearing be held,
presented and read. Council Member
Simon moved that the communication
be received and filed. Seconded by Coun-
cil Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Simon.
Nays--None.
Absent--Council Members Kluesnec,
Manning.
RESOLUTION NO. 146-86
RESOLUTION AUTHORIZING
THE FILING OF AN APPLICATION
WITH THE DEPARTMENT OF
TRANSPORTATION, UNITED
iTATES OF AMERICA, FOR
GRANTS UNDER THE URBAN MASS
TRANSPORTATION ACT OF 1964, AS
AMENDED.
WHEREAS, the Secretary of
Transportation is authorized to make
grants for a mass transportation pro-
gram of projects;
WHEREAS, the contract for financial
assistance will impose certain obliga-
tions upon the applicant, including the
it of the local share of the
:oste in the program;
WHEREAS, it is required by the U.S.
Department of Transportation in accord
with the provisions of Title VI of the
Civil Rights Act of 1964, that in connec-
tion with the filing of an application for
assistance under the Urban Mass
Transportation Act of 1964, as amend-
ed, the applicant give an assurance that
it will comply with Title VI of the Civil
Rights Act of 1964 and the U.S. Depart-
~aent of Transportation requirements
thereunder; and
WHEREAS, it is the goal of the ap-
plicant that minority business enter-
prise be utilized to the fullest extent
connection with these pro-
and that definitive procedures
shall be established and administered to
ensure that minority business shall have
the maximum construction contract,
supplies, equipment contracts, or con-
sultant and other services.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor of the Ci-
ty of Dubuque is authorized to execute
and file applications on behalf of the Ci-
ty of Dubuque with the U.S. Depart-
ment of Transportation to aid in the
ora capital assistance project
and the financing for the rehabilitation
of the KeyLine bus garage, pursuant to
Section 5, 9a and 9 of the Urban Mass
Transportation Act of 1964, as amended.
Section 2. That the Mayor of the City
of Dubuque is authorized to execute and
file with such applications an assurance
or any other document required by the
U.S. Department of Transportation ef-
the purposes of Title Vl of the
Civil Rights Act of 1964.
Section 3. That the Transit Manager is
authorized to furnish such additional in-
formation as the U.S. Department of
Transportation may require in connec-
240 241
Regular Session, July 7, 1986
~'on with the application for the program
of projects.
Section 4. That the Mayor of the City
of Dubuque is authorized to set forth
and execute affirmative minority
business policies in connection with the
program of projects'procurement needs
Section 5. That the Mayor of the City
of Dubuque is authorized to execute
grant agreements on behalf of the C~ty
of Dubuque with the ~S. Department
o. f Transportation for aid in the finan~
~ng of the capital assistance program of
projects.
The undersigned duly qualified and ac-
ting Mayor of the City of Dubuque car-
titles that the foregoingls a true and cot-
rect copy of a resolution adopted at a
legally coavened meeting of the City
Council of the City of Dubuque, Iowa,
held on July 7, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, CounciJ
Members Dalch, Krieg. Rronfeldt,
Simon.
Nays--None.
Absent--Council Members Khiesner
Manning.
Communication of City Manager re-
questing a Public Hearing be held to
grant an Easement across City owned
lots located at the intersection of
Southern Ave. & English Lane
presented and read. Council Member
Kronfeldt moved that the communica-
tlon be received and filed. Seconded by
Council Member Delch. Carried by the
following vote:
Yeas--Mayor Brady, Counci
Members Deich, Krleg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
RESOLUTION NO. 147-86
RESOLUTION GRANTING ROAD-
WAY EASEMENT ACROSS CITy
OWNED LOTS IDENTIFIED AS "Any
and all parts of Lots 1 and 2 of Rose Hill
Addition to the City of Dubuque, Iowa
which lles east of the easterly llne of Lot
2 of Lot 2 of Lot 1 of "Smith-Southern
Ave Place" in the City of Dubuque,
Iowa, as said easterly line is shown on
Plat thereof recorded in Plat Book 19,
page 249, Records of Dubuque County,
WHEREAS, Richard W. & Janet C.
Trees owns property at 745 English
Lane; and
WHEREAS, the City owns both lots
as described above, adjacent to their lot
at the intersection of Southern Avenue
and English Lane; and
WHEREAS, access to garage of the
Trees' property is across these City own-
ed lots; and
WHEREAS, to secure appropriate
P P y It is necessary that
they provide guarantees to interested
parties of driveway access to a garage
incorporated as part of their home; and
WHEREAS, the City is willing to
grant a driveway easement across the
above described property and that such
driveway easement delineated by the
boundaries shown on attached easement
plat "Exhihit A " und considered a art
hereof; and P
WHEREAS, the Trees' have agreed
to pay $200.00 plus publication and
documentation costs for easement of
rights across the City owned property
as identified above in the City of Dubu-
que, Iowa.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the granting of a
driveway easement to Richard W. and
Janet ~ Trees across the above desc~b-
ed property is approvec~ subject to a
public hearing and payment of $200.00
plus cost of publication and
documentation.
Section 2. That the City Clerk be and
she is hereby authorized and directed to
cause a notice to be published as
prescribed under 364. 7- Disposal of Pro-
perry - Code of Iow~ 1985 or as
amended.
Passed, approved and adopted this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Regular Session July 7, 1986
Council Member Kronfeldt moved
adoption of the Resolution and set it for
Public Hearing on July 21, 1986 at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk publish notice
in the manner prescribed by law.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Councll
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
Communication of City Manager sub-
mitring response to an April 14th peti-
tion from several residents on Tyler
Road and Erie Court, regarding
drainage problems in the neighborhood,
presented and read. Council Member
Kronfeldt moved that the communica-
tion be received and filed. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krleg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Communication of Ellen Minchk sub-
mitring petition containing 25
homeowners on Evergreen Drive re-
questing to address the Council to
review and correct the problems on their
street created by water run-off from
Asbury, Karen and Lindale Streets,
presented and read. Ellen Minchk, 2325
Evergreen, specified concerns of the
neighboring homeowners. Council
Member Kronfeldt moved that the com-
munication be received and filed and
matter referred to the Staff for response.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich. Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Rick Krowzack of Dubuque CCI re-
questing to address the Council and
presenting a Resolution opposing the
rate increases for Interstate Power and
Peoples Gas Co. and requesting Coun-
cil support, presented and read. Coun-
cil Member Kronfeldt moved that the re-
quest be received and filed. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Krieg, Kronfeldt.
Nays--None.
Absent--Council Members Kluesner,
Manning.
kbstaln--Councfl Member Simon.
Communication of City Manager re-
questing approval of a Purchase of Ser-
vices Agreement with the Chamber of
Commerce for the fiscal year beginning
July 1, 1986, covering the City's finan-
cial participation in the Chamber's Con-
vention and Visitor's Council and
authorizing the Mayor to execute the
Agreement on behalf of the City,
presented and read. Council Member
Krieg moved that the communication be
received and filed and approved agree-
ment. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
iimon.
Nays--None.
Absent--Canncil Members Khiesner,
Manning.
Communication of City Manager re-
questing approval of a Purchase of Ser-
vices Agreement with Operation: New
View for the fiscal year beginning duly
1, 1986 and authorizing Mayor to ex-
ecute agreement, presented and read.
Council Member Deich moved that the
communication be received and filed and
execution of Agreement approved.
Seconded by Council Member Simom.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Communication of City Manager sub-
mitting items relative to the Couler
Valley Redevelopment Area Project
financing and land disposition,
presented mad read. Council Member
Deich moved that the communication be
received and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krleg, Kronfaldt,
Simon.
Nays--None.
242 243
Regular Session, July 7, 1986
Absent--Council Members Kluesner
Manning.
RESOLUTION NO. 148-86
RESOLUTION (1) APPROVING
THE APPRAISAL OF MARKET
VALUE OF THE COULER VALLEY
REDEVELOPMENT AREA REUSE
PROPERTIES; (2) APPROVING THE
REDEVELOPER PROPOSAL SUB-
MITTED BY SWISS VALLEY FARMS
CO., INC.; AND (3) DIRECTING
PUBLICATION OF NOTICE OF THE
CITY'S INTENT TO ENTER INTO A
CONTRACT FOR SALE OF LAND
FOR PRIVATE REDEVELOPMENT
BY AND BETWEEN THE CITY AND
SWISS VALLEY FARMS CO. INC.
WHEREAS, the City of Dubuque,
Iowa, (the "City") did on May 19, 1986,
adopt an Urban Renewal Plan for the
Couler Valley Redevelopment Area Pro-
ject (the "Plan"); and
WHEREAS, in accordance with such
Plan, the City is presently pursuing the
acquisition of the following logaRy-
described properties (the "Couler Valley
Redevelopment Area Reuse Parcel #1'
so that it may make them available
sale and redevelopment, to wit:
Lot 1 of Lot 74 and the easterly 1 ! feet
of Lot 1 of Lot 2 of Lot 75; Lots 80 and
81 and the north half of the vacated alley
adjacent to the south of Lots 80 and 81;
and, ell of Lots 82 through 85 and Lots
90 through 93 and the alley easements
between and adjacent to said lots; all in
Linehan Park Addition; and
WHEREAS, Swiss Valley Farms Co.
Inc., (the "Company") has submitted a
detailed, signed proposal for purchase of
said properties for the purpose of
redevelopment as an industrial facility;
and
WHEREAS, Roy R. Fischer Inc. has
prepared, at the City's request, an ap-
praisal of the market value of said pro-
perties as if vacant and ready for reuse
in accordance with the Plan; and
WHEREAS, this Council believes it
is in the best interest of the City and the
Plan to act as expeditiously as possible
to acquire and dispose of said properties
for redevelopment as set forth in the
Plan; and
WHEREAS, the statutory re-
quirements of Chapter 403, Code of
Iowa, 1985 and particularly Section
403.8 for competltive bidding pro-
ceduree for the disposition of real pro-
perty in an urban renewal area to private
persons do not apply to real property
disposed of for the purpose of redevelop-
ment as an industrial building or facility.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the appraisal of the
above-described properties by Roy R.
Fischer, Ina (Exhibit A) is hereby ac-
cepted and approved, and it is hereby
established that the disposilion pr/ce of
said properties shall be the amount of
$80,600 which figure is determined by
reducing the appraisal of $100,000 for the
properties as if vacant and ready for
reuse by $20,000 to allow for demolition
of existing improvements.
Section 2. That tha proposal of Swiss
Valley Farms Co., Inc. (Exhibit B) to
enter into an agreement with the City
~ for the sale and redevelopment of said
I properties is hereby aCCepted as being
, in the public interest and in furtherance
of the purposes of the Plan and Urban
Renewal Law.
Section 3. That it is hereby determin-
ed that Swiss Valley Farms Co., Inv.
possesses the qualifications, financial
resources and legal ability necessary to
o~quire and redevelop said properties in
accordance with the Plan,
Section 4. That the City Manager is
authorized and directed to have prepared
for City Couneil adoption a contract for
purchase of land for private redevelop-
ment by and between the City and
Company.
Section 5. That the action of this
Council be considered to be and does
hereby constitute notice to all concern-
ed of the intention of this Counall to
enter into a contract for purchase of land
for private redevelopment by and bet-
ween the City and Company on or after
the twenty-first day of July, 1986.
Section 6. That the Offieial Notloe of
the intent of the City to enter into a con-
tract for purchase of land for private
redevelopment by and between the Ci-
ty and Company shall be a true copy of
this resolution, but without the at-
toehments referred to herein.
Section 7. That the City Clerk is
authorized and directed to secure
publication of said Offielol Notiee in the
Telegraph Herald, a newspaper having
a general circulation in the community,
by p u blieation of the toxt of this resolu-
tion as soon as possible.
Passed, approved and adopted this 7th
Regular Session, July 7, 1986
day of July, 1986.
James E, Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved adop-
tinn of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayur Brady, Council
Members Deich, Krieg, Kronfeldt.
Simon.
Nays--None.
Absant--Council Members Kluesner,
Manning.
RESOLUTION NO. 149-86
A RESOLUTION AUTHORIZING
THE EXECUTION OF A MEMORAN-
DUM OF AGREEMENT WITH SWISS
VALLEY FARMS CO., INC.
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incorporated,
municipality anthor~zed and empowere~
by the provisions of Chapter 419 of the
Code of Iowa, 1985, as amended (the
"Act"), to issue revenue bonds, con-
stituting limited obligatians of the
Issuer, for the purpose el financing the
cost el acquixlng by construction or pur-
chase, land, buildings, improvements
and equipment, or any interest therein,
suitable for the use of any industry or
industries for the manufacturing, pro-
cessing or assembling of any
agricultural or manufactured products
or of any commercial enterprise engag-
ed in storing, warehousing or
distributing products of agriculture,
mining or industry; and
WHEREAS, the Issuer has been re-
quested by Swiss Valley Farms (the
"CompanY") to issue its revenue bonds
pursuant to the Act for the purpose of
financing the acquisition of land,
buildings, improvements and eqnipment
suitable for use by the Company for its
manufacturing, processing or aseembl-
lng of agricultural or manufactured pro-
ducts, located within eight miles of the
City of Dubuque, Iowa; and
WHEREAS, a Memorandum of
Agreement in the form and with the can-
tents set forth in Exhibit A attached
hereto, has been presented to the Issuer
under the terms of which the Issuer
agrees, subject to the provisions of such
Agreement, to pursue proceedings
necessary under the Act to issue its
revenue bonds for such purpose;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
Dubuque, Iowa, as follows:
Section 1. The Memorandum of
Agreement in the form and with the con-
tents set forth in Exhibit A attached
hereto be and the same is hereby approv-
ed and the Mayor is hereby authorized
to execute said Memorandum of Agree-
ment and the Clerk is hereby authoriz-
ed to attest the same and to affix the seal
of the Issuer hereto, said Memeorandum
of Agreement which constitutes and is
hereby made a part of this Resolution to
be in substantially the form, text and
containing the provisions set forth in
Exhibit A attached hereto.
Section 2. Officials of the Issuer are
hereby authorized to take such further
action as may be necessary to carry out
intent and purpose of the Memoran-
dum of Agreement.
Section 3. That all resolutions and
thereof in conflict herewith are
hereby repealed to the extent of such
conflict.
Passed and approved this 7th day of
July, I966.
James E. Brady
Mayor
~.TTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None,
[1 Members Kinesner,
Manning.
RESOLUTION NO. 150-86
RESOLUTION APPROVING THE
USE OF UP TO $100,000 OF COM-
MUNITY DEVELOPMENT BLOCK
GRANT FUNDS TO SUPPLEMENT
~.VAILABLE FUNDS FOR THE
COULER VALLEY REDEVELOP'
MENT PROJECT.
WHEREAS, by previous action the
City of Dubuque has undertaken the
Couler Vaney Redevelopment Area pro-
; is intended to retain
and expand the number of jobs available
244 245
Regular Session, July 7, 1986
in the co~nmunity and to improve the
housing conditions of certain residents
who are adversely impacted by in-
dustrial development; and
WHEREAS, the estimated costs of
acquisition and relocation for the Pro-
ject are anticipated to exceed the plann-
ed sources of funding; and
WHEREAS, there are available funds
within the Community Development
Block Grant Program Economic
Development Activity and this Project
is clearly consistent with the objectives
of said Program; and
WHEREAS, the regulations govern-
ing revisions, changes or amendments
to the annual Community Development
Block Grant Program budget including
the requirement that a public hearing be
held on the matter of such revisions,
changes or amendments have been com-
plied with by the City of Dubuque; and
WHEREAS, this Council believes it
is in the best interest of the City to ex-
pedite the Couler Valley Redevelopment
Area Project.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the use of not to ex-
ceed $100,000 of Community Develop-
ment Block Grant funds to supplement
the financing of the Couler valley
Redevelopment Area Project is hereby
approved.
Section 2. That the City Manager is
authorized and directed to take such ac-
tions as are necessary to accomplish the
transfer of Community Development
Block Grant funds from the Economic
Development Activity to the Couler
Valley Redevelopment Area Project.
Passed, approved and adopted this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner.
Manning.
RESOLUTION NO. 151-86
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF EN-
VIRONMENTAL REVIEW EINDING
FOR CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECT.
WHEREAS, the City of Dubuque has
entered into a Grant Agreement for the
Calendar Year commencing January 1,
1986 with the U.S. Department of Hous-
lng and Urban Development, providing
for financial assistance to the City under
Title I of the Housing and Community
Development Act of 1974, as amended;
and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Urban
Development, an environmental review
has been processed for the project
hereinafter described to be financed with
Community Development Block Grand
funds; and
WHEREAS, an ad hoc Environmen-
tal Review Committee has after due con-
sideration made a determination that
the project is not a major Federal action
significantly affecting the quality of the
human environment;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed to
publish a Notice of Finding of No
Significant Effect on the Environment
for the following identified project, and
to ~nake the Environmental Review
Record for said project available for
public inspection. Such notice shall be
in the form of Exhibit "A" attached
hereto and made a part hereof
Couler Valley Redevelopment Project
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeHng of July 21, 1986,
authorizing the submission ora request
to the ~S. Department of Housing and
Urban Development to undertake the
~roject.
Passed, approved a~d adopted this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
246
Regular Session, July 7, 1986
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Krleg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
RESOLUTION NO. 152-86
RESOLUTION AUTHORIZING
THE ISSUANCE OF $350,000 URBAN
RENEWAL TAX INCREMENT
REVENUE BONDS, SERIES 1986,
AND PROVIDING FOR THE SECUR-
ING OF sUCH BONDS FOR THE
PURPOSE OF CARRYING OUT AN
URBAN RENEWAL PROJECT IN
THE CITY OF DUBUQUE, IOWA,
DESIGNATED AS TIlE COULER
VALLEY URBAN RENEWAL
PROJECT.
WHEREAS, the City ,of Dub,,uque,
Iowa, (the "City" or the 'Issuer ) did
heretofore adopt an urban renewal plan
by resolution of this City Council on
May 19, 1986, (the "Urban Renewal
Plan"), in which plan as amended
heretofore there is to be carried out an
urban renewal project designated as the
Couler Valley Urban Renewal Project,
(the "project"); and
wHEREAS, it is presently estimated
that the costs of carrying out the pur-
poses and provisions of the project, in-
cluding the purpose set forth in Section
3 thereof, exceed $350,000, and provi-
sions must now be made by the City to
provide for the payment of such costs
by the issuance of bonds; and
WHEREAS, the City did, on May 19,
1986, adopt Ordinance No. 37-86, (the
"Ordinance"), under which the taxes
levied on the taxable property in the
Project shall be divided, and a special
fund created under the authority of Sec-
tion 403.19 (2) of the 1985 Code of Iowa,
as amended, (which special fund is
hereinafter referred to as the "Urban
Renewal Tax Revenue 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, assumed, or otherwise, in-
cluding bonds issued under the autbori-
ty of Section 403.9 (1) of the Code of
Iowa, as amended, incurred by the City
finance or refinance in whole or in part
the Project, and pursuant to which Or-
dinance such Revenue Fund may be ir-
revocably pledged by the City for the
payment of principal and interest on
~ d
such indebtedness; an
WHEREAS, it is now necessary and
advisable that provisions be made for
the issuance of bonds to the amount of
$350,000 pursuant to the provisions of
Section 403.9 (1) of the Code of Iowa,
payable solely from the income and pro-
ceeds of the Urban Renewal tax
Revenue Fund and revenues and other
funds of the City derived fran~ or held
in connection with the undertaking and
carrying out of the Urban Renewal
Project;
NOW, THEREFORE, BE IT
RESOLVED BY THE CouNCIL OF
THE CITY OF DUBUQUE, IN THE
COUNTY OF DUBUQUE, STATE OF
IOWA, AS FOLLOWS:
Section 1. Definitions. The following
~erms shall have the following meanings
in this Resolution unless the text ex-
~ or by necessary implication re-
,uires otherwise:
(a) "Issuer" and "C/ty" shall mean the
! of Dubuque, Iowa;
(b) "Governing Body" shall mean tt!e
Council of the City, or its successor m
function with respect to the operation
and control of the Urban Renewal
project;
(c) "Clerk" shall mean the City Clerk
or such other officer of the successor
governing body as shall be charged with
substantially the same duties and
responsibilities;
(d) "Treasurer" shall mean the City
Treasurer or such other officer as shall
succeed to the same duties and respon-
~ibilitles with respect to the recording
and payment of the Bonds issued
hereunder;
(e) "Urban Renewal project" shall mean
the Couler Valley Urban Renewal Pro-
ject of the Issuer, as amended;
(f) "Net Revenues" of the project shall
mean the special tax fund created by the
Ordinance and authorized by Section
403.19 (2) of the Code of Iowa, earnings
on the investment of funds as required
by this Resolu~on, and to the extent ap-
by the Council to the pay-
ment of the Bonds such revenues and
funds of the Issuer derived from or held
in connection with the carrying out of
the Urban Renewal Project;
247
Regular Session
(g) "Fiscal Year" shall mcan the
twelve months' period beginning on July
1 of each year and ending on the last day
of June of the following year, or any
other consecutive twelve month period
adopted by the governing body or by law
as the official accounting period of the
Urban Renewal Project;
(h) "Original Purchaser" shall mean
the purchaser of the Bonds from Issuer
at the time of their original issuance;
(i) "Bonds" shall mean $350,000 Urban
Renewal Tax Increment Revenue
Bonds, authorized to be issued by this
Resolution;
(j) "Parity Bonds" shall mean Urban
Renewal Tax Increment Revenue Bonds
payablo solely from the net revenues of
the Project on an equal basis with the
Bonds herein authorized to be issued;
(k) "Corporate Seal" shall mean the op
ficial seal of Issuer adopted by the gove~
ning body; and
(1) "Independent Auditor" shall mean
an independent firm of Certified Public
Accountants or the Auditor of State.
(m) "Registrar" shall be the Office of
the City Treasurer, Dubuque, Iowa, or
such successor as may be approved by
Issuer as provided herein and who shall
carry out the duties prescribed herein
with respect to maintaining a register of
the owners of the bonds. Unless othe~
wise specified, the Registrar shall also
act as Transfer Agent for the bonds;
(n) "Paying Agent" shall be thc Office
of the City Treasurer, Dubuque, Iowa,
or such successor as may be approved
by Issuer as provided herein and who
shall carry out the duties prescribed
herein as Issuer's agent to provide for
the payment of principal and interest as
on the bonds as the same shall become
due;
Section 2. Authority. The Bonds
authorized by this Resolution shall be
issued pursuant to Section 403.9 of the
Code of Iowa, and in compliance with all
applicable provisions of the Constitution
and laws of the State of Iowa.
Section 3. Authorization and Purpose.
There are hereby authorized to be issued,
negotiable, serial, Urban Renewal Tax
Increment Revenue Bonds of Dubuque,
in the County of Dubuque, State of
Iowa, Series 1986, each to be designated
as "Urban Renewal Tax Increment
Revenue Bond", in the aggregate
amount of $350,000 for the purpose of
carrying out the Couler Valley Urban
July 7, 1986
Renewal Project, in accordance with the
plan thereof.
Section 4. Source o£ Payment. As pro-
vided and required by Chapter 403 of the
Code of Iowa, and Section 403.9, the
Bonds and interest thereon shall be
payable solely from the net revenues of
the Urban Renewal Project including the
Urban Renewal Tax Revenue Fund
aforementioned; to the extent authoriz-
ed by Section 403.9of tho Code of Iowa,
the interest on the Bonds, for a period
not to exceed three (3) years from the
date the Bonds are issued, may also be
paid from the proceeds of the sale of
bonds of this issue.
The City hereby pledges to the pay-
ment of the bonds the Revenue Fund
aforementioned and the portion of taxes
referred to in Subsection 2 of 403.19 of
the Code of Iowa, to be paid into such
fund.
The Bonds shall not constitute an in-
debtodness within the meaning of any
statutory debt limitation or restriction
and shall not be subject to the provisions
of any other law relating to the
authorization, issuance or sale of bonds,
The Bonds issued pursuant to this
Resolution are declared to be issued for
an essential public and governmental
purpose and, together with interest
thereon and income therefrom, shall be
exempted from all taxes.
The Bonds shall recite in substance
that they have been issued by the City
in connection with an urban renewal pro-
jeer as defined in Chapter 403 of the
Code of Iowa, and in any suit, action or
)roceeding involving the validity or en-
forceability of any bond issued
hereunder or the security therefor, such
bonds shall be conclusively deemed to
have been issued for such purpose and
such project shall be conclusively deem-
,~d to have been pionned, located and ca~
ried out in accordance with the provi-
sions of Chapter 403 of the Code of lowc~
Section 5. Term of Bond~ The Bonds
shall be designated "Series 1986", shall
be dated July 1, 1986, shall be in the
denomination of $5, GO0 each; shall bear
interest from their date until payment
at the rate set forth in the fu. rm of bond
in Section 12 hereof; payable on
December 1, 1986 and semiannually
thereafter on the 1st day of June and
December; shall be payablo as to both
principal and interest at the office of the
Paying Agent, in any coin or currency
which, on the respective dates of pay-
Regular Session, July 7, 1986
ment, is legaltender for the payment of
public and private debts, and shall
mature in the amounts and in each year
as follows:
Bond Princlp~ Maturity
Numbers Amount (June lsQ
1-7 $35,000 1990
8-14 $35.000 1991
15-22 $40,000 1992
23-30 $40,000 1993
31-39 $45,000 1994
40-48 $45,000 1995
49-58 $50,000 1996
59.70 $60,000 1997
Section 6. Redempllon Prior to Maturi
ry. Bonds numbered 1-70, both inclusive,
may be called for redemption by Issuer
at its sole option and pald before maturi-
ty. in whole or from time to time in par. t,
in inverse numerical order on any m-
retest payment date at a price of par and
accrued interest to call date, by giving
notice by certified mail to the registered
holder of each bond called for redemp-
tion, the mailing to be not less than
twenty days prior to the date of call,
Section 7. Execution o£ Bonds. The
Bonds shall be executed by the Mayor
and Clerk and sealed with the corporate
seal In case any officer of the Issuer who
shall have signed or sealed any Bond
shall cease to be such officer before the
Bond so signed or sealed shall have ac-
tually been delivered or issued, such
Bond may be delivered and issued with
the same effect as though the person
who had signed and sealed such Bond
had not ceased to be an officer of the
Issuer.
Section 8. Registration of Bonds; Ap-
polatment of Registrar; Transfer; Owner-
ship; Delivery; and Caneellalio~
(a) Registration. The ownership of
bonds may be transferred only by the
making of an entry upon the books kept
for the registration and transfer of
ownership of the Bonds, and in no other
way. Registrar shall maintain the books
of the Issuer for the registration of
ownership of the Bonds for the payment
of principal of and interest on the Bonds
as provided in this Resolutio~ All bonde
shall be negotiable as provided in Arti-
cle 8 of the Uniform Commercial Code
and Section 384,31 of the Code of Iowa,
subject to thc provisions for registration
and transfer contained in the bonds and
in this resolution.
(b) Transfer. The ownership of any
Bond may be transferred only upon the
Registration Books kept for the registra-
lion and transfer of Bonds and only upon
surrender thereof at the principal office
of the Registrar together with an assign-
mcnt duly executed by the holder or his
duly authorized attorney in fact in such
form as shall be satisfactory to the
Registrar, along with the address and
social security number or federal
employer identification number of such
transferee (or, if registration is to be
made in the name of multiple in-
dividuals, o fall such transferees). In the
event that the address of the registered
owner ora Bond (other than a registered
owner which is the nominee of the broker
or dealer in question) is that ora broker
or dealer, there must be disclosed on the
Registralion Books the information pe~
toining to the registered owner required
above. Upon the transfer of any such
Bond, a new fully registered Bond, of
any denomination or denomina~ons pe~
mitred by this Resolution in aggregate
amount equal to the un-
and unredeemed principal
zmount of succh transferred fully
registered Bond, and bearing interest at
same rate and maturing on the same
dates shall be delivered by the
(c) Registration of Transferred Bonds.
In all eases of the transfer of the Bonds.
the Registrar shall register, at the
earliest practicable time, on the
Registration Books, the Bonds. in acco~
dance with the provisions of this
Resolution.
(d) Ownership. As to any Bond, the pe~
son in whose name the ownership of the
same shall be registered on the Registra'
tion Books of the Registrar shall be
deemed and regarded as the absolute
owner thereof for all purposes, and pay-
ment of or on account of the principal
of any such Bonds and the premium, if
any, and interest thereon shall be made
only to or upon the order of the
registered owner thereof or his legal
representative. All such payments shall
be valid and effectual to satisfy and
discharge the liability upon such Bond,
including the interest therear~to the ex-
tent of the sum or sums so paid.
(e) Cancellatior~ All Bonds which have
been redeemed shall not be reissued but
shall be cancelled by the Registrar. All
Bonds which are cancelled by the
Registrar shall be destroyed and a ce~
tificato of the destruction thereof shall
be furnished promptly to the Issuer; pro-
vided that if the Issuer shall so direct,
the Registrar shall forward the cancell-
249
248
Regular Session, July 7, 1986
ed Bonds to the Issuer.
fi) NomPresentment of Bond& In the
event any payment check representing
payment of interest on the Bonds is
returned to the Paying Agent or is no~
presented for payment of principal at the
maturity or redemption date, if funds
sufficient to pay such interest on Bonds
shall halve been made available to the
Paying Agent for the benefit of the
owner thereof, all liability of the Issuer
to the owner thereof for such interest or
payment of such Bonds shall forthwith
cease, terminate and be completely
discharged, and thereupon it shall be the
duty of the Paying Agent to hold such
funds, without liability for interest
thereon, for the benefit of the owner of
such bonds who shall thereafter be
restricted exclusively to such funds for
any claim of whatever nature on his part
under this Resolution or on~ or with
respect to, such interest or Bonds. The
Paying Agent's obligation to hold such
funds shall continue for a period equal
to two years and six months following
the date on which such interest or prin-
cipal became due, whether at maturity,
or at the date fixed for redemption
thereof, or otherwise, at which time the
Paying Agent, shall surrender any re-
maining funds so held to the Issuer,
whereupon any claim under this Resalu-
tion by the Owners of such interest or
Bonds of whatever nature shall be made
upon the Issuer.
Section 9. Reissuance of Mutilated,
Destroyed, Stolen or Lost Bonds. In case
any outstanding Bond shall become
mutilated or be destroyed, stolen or lost,
the Issuer shall at the request of
Registrar authenticate and delivery a
new Bond of like tenor and amount as
the Bond so mutilated, destroyed, stolen
or lost, in exchange and substitution for
such mutilated Bond to Registrar, upon
surrender of such mutilated Bond, or in
lieu of and substitution for the Bond
destroyed~ stolen or lost upon filing with
the Registrar evidence satisfactory to
the Regis trar and Issuer that such Bond
has been destroyed, stolen or lost and
proof of ownership thereof, and upon rum
nishing the Registrar and Issuer with
satisfactory indemnity and complying
with such other reasonable regulations
as the Issuer or its agent may prescribe
and paying such expenses as the Issuer
may incur in connection therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than
upon full redemption, made in respect of
any Bond, shall be mad~ to the
registered holder thereof or to their
designated agent as the same appear on
the books of the Registrar on the 15th
day of tha month preceding tha payment
date. All such payments shall fully
discharge the obligations of the Issuer
in respect of such Bonds to the extent
of the payments so made. Payment of
principal shall only be made upon su~
render of the bond to the Paying Agent.
Section 11. Execution, Authentication
and Delivery of the Bonds. Upon the
adoption of this resolution, the Mayor
and Clerk shati execute and deriver the
Bonds to the Registrar, who shall
authenticate the Bonds and deliver the
same to or upon order of the Purchasen
No bond shall be valid or obligatory for
any purpose or shall be entitled to any
right or benefit hereunder unless the
regis trar shall duly endorse and execute
on such Bond a certificate of authentica-
tion substantially in the form of the Ce~
tificate herein set forth. Such Certificate
upon any Bond executed on behalf of the
Issuer shall be conclusive evidence that
the Bond so authenticated has been du-
ly issued under this resolution and that
the holder thereof is entitled to the
benefits of this resolution.
Section 12. Form of BontL Bonds shall
be printed in substantial compliance
with standards proposed by the
American Standards Institute substan-
tially in the form as follows:
(see figures on page 251)
The text of the bonds to be located
thereon at the item numbers shown shall
be as follows:
Item 2, figure 1 =
"STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"URBAN RENEWAL TAX
INCREMENT REVENUE BOND"
"SERIES" 1986"
Item 2, figure 1 = Rate: Z'50%
Item 3, figure 1 ~ Maturity; __
Item 4, figure 1 ~ Bond Date: July 1,
1986
Item 5, figure I = Cusip
Item 6, figure 1 = ."Registered"
Item 7, figure 1 = Bond No.__
Item 8, figure I = Principal Amount:
$5, OO0
Item 9, figure I = The City of Dubu-
que, Iowa, a municipal corporation
organized and existing under and by vim
ture ~f the constitution and laws of the
State of Iowa (the "Issuer"), for value
250
Regular Session, July 7, 1986
(1)
(9)
(10)
(continued on the back of tbis Bond)
FIGURE #1 (Front)
(Continued}
(16)
FIGURE #2 (Rack)
(17)
251
Regular Session, July 7, 1986
received, promises to pay from the
source and as hereinafter provided, on
the maturity date indicated above, to the
owner of record of this bond (noted on
the reverse bereo)~ or registered assigns.
Item 10, figure 1 ~ $5,~0 THOU-
SAND DOLLARS in lawful money of
the United States of Ameriev~ on the
maturity date shown above, only upon
p~sentation and surrender hereof at the
principal office of City Treasurer, Pay-
ing Agent of this issue, or its successor,
with interest on said sum from the date
hereof until paid at the rate per annum
specified above, payable on December J
1986 and semiannually thereafter on the
1st day of June and December in each
year.
Interest and principal shall be paid to
the registered holder of the bond as
shown on the records of ownersldp main-
rained by the Registrar as of the 15th
day of the month next preceding such
interest payment date. Interest shall be
computed on the basis o fa 36G~ay year
of twelve $~day months.
This bond is issued pursuant to the
provisions of Section 403.9 of the City
Code of lowa, for the purpose of paying
costs of carrying out of the Couler Valley
Urban Renewal Projecg in conformity to
a Resolution of the Council of said City
duly passed and approved.
This Bond is one cfa series of bonds
of like tenor and date, numbered frown 1
to 70, inclusive, issued for the purpose
of defraying the costs of carrying out an
urban rene
Couler Valley Urban Renewal Projecg of
the City in accordance with the plan
thereof This Bond and the series of
which it forms a part are not an in-
debtedness within the meaning of any
statutory provisions, or a general obliga-
tion of the City.
Bonds numbered 1 to 70, both in-
elusive, may be called for redemption by
Issuer at its sole option and paid from
any funds regardless of source before
~zaturity, in whole or frown ti~ne to time
~n part, in inverse numerical order on
December 1, 1986, and on any interest
payment date thereafter, at a price of par
~nd accrued interest to call date, by giv-
ing notice not less than twenty days
prior to the date of call by certified mail
to the address of the holder shown on the
books of the Registrar
This bond is registered as to owner
ship o f p~nclpal and interest in the name
of the holder on the books of the Issuer
in the office of the Registrar, such
registration to be endorsed by notation
on the back hereof by said Registrar,
after which no transfer shall be valid
unless made on said books and similam
ly noted hereon. The City Treasurer of
Dubuque, Iowv~ has been appointed to
serve as Registrar of this bond. Issuer
reserves the right to substitute the
Registrar and Paying Agent but shal&
however, give 60 days' notice to
registered bondholders of such change.
All bonds shall be negotiable bon-
dholders of such change. All bonds shall
be negotlable as pro vided in Article 8 of
the Uniform Commercial Code and Sec-
tion 384.31 of the Code of Iow~ subject
to the provisions for registration and
transfer contained in the bond
resolution.
This Bond and the series of which it
forms a part, other outstanding bonds
or obligations ranking on a parity
therewith, and any additional bonds
which may be hereafter issued and
outstanding from time to time on a pari-
ty with said Bonds, as provided in the
Bond Resolution of which notice is
hereby given and is hereby made apart
hereof, are payable from and secured by
a pledge of the net revenues of the Couler
Valley Urban Renewal Project, (the
"Project), as defined and provided in
said Resolution including the fund and
portion of taxes to be paid into such fund
as referred to and authorized in Subsec-
tion 2 and Section 403.19 of the Code of
s amended ( ~neremental taxes").
There has heretofore been established
and the City hereby covenants and
ogress that it will maintain in force an
ordinance providing for the division of
incremental taxes within the area of the
Project for the establishment cfa suffi~
cient sinking fund to meet the principal
of and interest on this series of Bonds,
and other bonds ranking on a parity
therewith, as the same become due. This
Bond is not payable in any manner by
eumstances shall the City be in any man-
net liable by reason of the failure of said
net earnings to be sufficient for the pay-
ment hereof
And it is hereby represented and ce~
tiffed that all acts, conditions and things
requisite, according to the laws and con-
stltution of the State of Iow~ to exist,
to be had, to be done, or to be perform.
ed precedent to the lawful issue of this
bond, have been existent, had, done and
performed as required by law.
IN TESTIMONY WHEREOF, said
Regular Session, July 7, 1986
City by its City Council has caused this
bond to be signed by the facsimile
signature o fits Mayor and attested by
the facsimile signature o fits clerk, with
the seal of said City printed hereon, and
authenticated by the manual signature
of an officer of the Eegistrar, the City
Treasurer of Dubuque.
Item 11, figure ~ = Date of
Authentication:
Item 12, figure 1 ~ This is one of the
bonds described in the within mention-
ed resolution, as registered by the City
Treasurer. By Registrar
Item 13, figure I = Registrar and
Transfer Agent: City Treasurer
Paying Agent: City Treasurer Item 14, figure 1 ~ (Seal)
Item 15, figure 1 ~ [Signature Block]
City of Dubuque, Iowa
By: ~
Attest: ~
City Clerk
Item 16, figure 2 = It is certified that
the following is a correct and complete
copy of the opinion of bond counsel
issued as of the date of delivery of the
issue of which this bond is a part.
[Opinion of Bond Counsel]
Item 17, figure2 = Assignment of this
bond may be made in writing substan-
tially in the form below:
ASSIGNMENT
For value received, the undersigned
hereby sells, assigns and transfers unto
(Name! (Social Security or
Tax Identification No._
the Bond Number(s) -- of the Issue
of Urban Eenewal Tax Increment
Revenue Bonds, dated--
of the City of Dubuque and does hereby
irrevocable constitute and appoint
Registrar, attorney m lac
said Bond on the books kept for registra~
tion of the said Bond, with full power of
substitution in the premises.
Dated (Date ·
(~f Registered Owner(s)
(Person(s) executing this
Assignment sign(s) here)
SIGNATURE
GUARANTEED (See note below)
L~I~ORTANT - MEAD CAREFULLY
The signature(s) to this Power must
correspond with the name(s) as written
upon the back of the bond(s) in every pa~
ticular without alteration or enlarge-
ment or any change whatever. Signature
guarantee should be made by a member
or member organlza~ion of the New York
Stock Exchange, members of other Ex-
changes having signatures on file with
transfer agents or by a commercial bank
Item 18, figure 2 = [Information Re-
quired for Registration- printer to pro-
vide as Many Lines as Practicable]
REGISTRATION OF OWNERSHIP
Date In Whose Signature
o~ Name of
Registration Registered Registrar
REGISTRATION OF TRANSFER
Name of Transferee(s)--
Address of Transferee(s)-
Social Security or Tax Identification
Number of Transferee(s)--
Transferee is a(n):
Individual*~ Corporation--
Partnership~ Trust~
*If the bond is to be registered in the
names of mul~ple individual owners, the
names of all such owners and one ad-
dress and socila security number must
be provided.
The following abbrevations, when us-
ed in the inscription on the back of this
bond, shall be construed as though writ-
ten out in full according to applicable
laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right o. f
survivorship and not as tenants ~n
col~mon
UNIF GIFT MINA CT- ...Custodian...
(Cust) (Minor)
under Uniform Gifts to Minors Act .......
(State)
252 253
Regular Session, July 7, 1986
Section 13. Legal Opinion. There shall
be printed on the back of each Bond
herein authorized to be issued, a copy of
the legal opinion of Ahlers, Cooney,
Dorweiler, Haynie, Smith & Allbee, At-
torneys, of Des Moines, Iowa, uner the
certificate of the City Clerk, certifying
the same as being a true copy thereof,
said certificate to bear the facsimile
signature of said clerk.
Section 14. Equality of Lien. The time-
ly payment of principal of and interest
on the Bonds and Parity Bonds shall be
secured equally and ratably by the
revenues of the Project without priori-
ty by reason of number or time of sale
or delivery; and the revenues of the Pro-
ject are hereby irrevocably pledged to
the timely payment of both prirwipal and
interest as the same become due.
Section 15. Application of Bond Pro~
ceed~ After the execution of the Bonds,
said Bonds shall be delivered to the
Treasurer and shall be by him duly and
properly registered in his office, and he
shall thereupon deliver the same to the
purchaser as determined by the gover-
ning body. Proceeds of the Bonds other
than accrued interest except as may be
provided below and in Section 19 shall
be credited to the Project Fund and ex-
pended therefrom for tha purpose of is-
suance. Subject to the limitations con-
talned in Code Section 403.9 (1) any
amounts on hand in the Project Fund
shall be available for the payment of the
principal o for interest on the Bonds at
any time that other funds of the Project
shall be insufficient to the purpose, in
which event such funds shall be repaid
to the Project Fund at the earliest op-
portunity. Any balance on hand in the
Project Fund and not immediately re-
quired for its purposes may be invested
not inconsistent with limitations provid-
ed by law or this Resalution. Accrued in-
retest, ftany, shall be deposited in the
Sinking Fund. Proceeds in the amount
of $45,000 and any excess proceeds re-
maining on hand after completion of the
project, shall be paid into the Reserve
Fund.
Section 16. Tax £evy. After its adop-
tion, a copy of this Resolution shall be
filed in the office of the County Auditor
of Linn County to evidence the pledging
of the Urban Renewal Tax Revenue
Fund and the portion of taxes to be paid
into such fund and, pursuant to the
direction of Section 403.19 of the Code
of Iowa, the Auditor shall thereafter
allocate the taxes in accordance
therewith and in accordance with the 0~
dinance referred to in the preamble
hereof
It is hereby certified that, subject to
such limitations as provided by Section
403.19 of the Code of Iowa, the annual
amount to be levied for collection in in-
cremental taxes pursuant to Section
403.19 (2) of the Code of Iowa shall be
not less than the maximum amount so
collectible or one and one-haft times the
annual debt service requirement,
whichever is less, as established by the
succeeding fiscal year, as follows:
Amount of Fiscal Year
Principal (July 1 to June 30)
and Interest Year of Collection
Full Amount 1988/1989
$61,250 1989/1990
$58,625 1990/1991
$61,000 1991/1992
$58,000 1992/1993
$60,000 1993/1994
$56,625 1994/1995
$58,250 1995/1996
$64,500 1996/1997
Section 17. Application of Revenues.
From and after the delivery of any
Bonds, and as long as any of the Bonds
or Parity Bonds shall be outstanding
and unpaid either as to principal or as
to interest, or until all of the Bonds and
Parity Bonds then outstanding shall
have been discharged and satisfied in
the manner provided in this Resolution,
the revenues of the Project shall be
disbursed as follows:
(a) Sinking Fund, There is hereby
'established and shall be maintained a
special fund from which interest and
principal on the bonds will be paid. The
~nd shall be known as the Couler Valley
Urban Renewal Project Revenue Bond
and Interest Sinking Fund (the "Sink-
ing Fund"). The amount to be deposited
in the Sinking Fund in any year shall be
an amount equal to the interest and prin-
cipal coming due on such Bonds during
the fiscal year. Money in the Sinking
Fund shall be used soley for the purpose
of paying principal of and interest on the
bonds and Parity Bonds, other than the
outstanding bonds, as the same shall
become due and payable.
lb) Reserve Fund. Tf*ere is hereby
established and shall be maintained a
debt service reserve fund in the amount
of $45,000. Such fund shall be known as
the Couler Valley Urban Renewal Pro-
'ect Revenue Debt Service Reserve Fund
(the "Reserve Fund"). When the amount
on deposit in the Reserve Fund shall be
Regular Session,
July 7, 1986
not less than the minimum required
above, no further deposits need be ma~e
into the Reserve Fund except to main-
tain said fund at such level. Money in
the Reserve Fund shall be used soley for
the purpose of paying principal at
maturity of or interest on the Bonds and
Parity Bonds, Whenever it shall become
necessary to so use money in the
Reserve Fund, payment from available
revenues not required to be paid into the
Sinking Fund shall be continued or
resumed until it shall have been restored
to the required minimum amount.
(e) Subordinate Obligations. Revenues
of the Project not required for the Sink-
ing fund or the Reserve Fund may be us-
ed to pay principal of and interest on (in-
eluding reasonable reserves therefor) and
other obligations which by their terms
shall be payable from the revenues of the
Project, but subordinate to the Bonds
and parity Bonds, and which have been
issued for the purposes of the Project or
to retire the Bonds or Parity Bonds in
advance of maturity, or for any lawful
purpose.
(d) Surplus Revenue. All revenues
thereafter remaining may be deposited
in any of the funds created by this
Resolution, to reimburse the Issuer for
other loans, moneys advanced to or in-
debtedness incurred to finance or
refinance in whole or in part the Project,
or may be used to pay or redeem the
Bonds or parlty bonds any of them, or
for any lawful purpose.
Moneys on hand in the Project Fund
and all of the funds provided by this Sec-
tion may be invested only in direct
obligations of the United States Govern-
ment or deposited in banks which are
members of the Federal Deposit In-
surance Corporation and the deposits in
which are insured thereby and all such
deposits exceeding the maximum aount
insured from time to time by FDIC or
its equivalent successor in any one bank
shall be continuously secured by a valid
pledge of direct obligations of the United
States Government having an
equivalent market value. All such in-
terim investments shall mature before
the date on which the moneys are re-
quired for the purposes for which said
fund was created or otherwise as herein
provided but in no event maturing in
more than three years in the case of the
Reserve Fund. The provisions of t~is
Section shall not be construed to requwe
the Issuer to maintain separate bank
counts for the funds created by this
Section; except the Sinking Fund and
the Reserve Fund shall be maintained in
a separate account but may be invested
in conjunction with other funds of the
City but designated as a trust fund on
the books and records of the City.
All income derived from such in-
vestments shall be deposited in the
Revenue Fund and shall be regarded ~s
revenues of the Project. Such
vestments.shall at any time necessary
be liquidated and the proceeds thereof
applied to the purpose of which the
respective fund was created.
Section 18. Convenants Regarding the
Operation of the Project The Issuer
hereby covenants and agrees with each
and every holder of the Bonds and Pari-
ty Bonds:
(a) Maintenance in Force. That the
Issuer will maintain the Urban Renewal
Project and the ordinance in force and
will annually cause the incremental
taxes thereof to be levied and applied as
provided in this Resolution.
? and Audits. The Issuer
will cause to be kept proper books and
accounts adapted to the Project and in
accordance with generally accepted
counting practices, and will cause the
books and accounts to be audited an-
nually not later than 120 days after the
end of each fiscal year by an independent
auditor and will file copies of the audit
report with the Original purchaser and
will make generally available to the
holders of any of the Bonds and parity
Bonds, the balance 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
ali reasonable times the right to inspect
~he records, accounts and data of the
Issuer relating to the Project and the
Fund. It is further agreed that if the
Issuer shall fall to provide the audits and
reports required by this subsection, the
Original Purchaser or the holder or
holders of 25% of the outstanding Bonde
and parity Bonds may cause such audits
and reports to be prepared at the ex-
pense of the Issuer. The audit reports re-
quired by this Section shall include, but
not be limited to, the following
information:
(i) An evaluation of the manner in
which the Issuer has complied with the
covenants of this Resolution;
(ii) A statement of tax fund revenues
and current expenditures;
[iii) Analyses of each fund and account
254 255
Regular Session, July 7, 1986
created hereunder, including deposits,
withdrawals and beginning and endin
balances;
(iv) The tax rates in effect during the
fiscal year, and the use of the Project;
(v) The names and titles of the prin-
cipal officers of the Issuer,. and
(vi) A general statement covering any
events or circumstances which might afl
feet the financial status of the Froject
and the bonds.
In the event the audit provided for in
this Section is prepared by the State
Auditor the governing body will cause
to be prepared a certified supplemental
report containing the information re-
qulred by this Section.
(c) State Laws. That the Issuer will
faithfully and punctually perform all
duties with reference to the Project re-
quired by the Constitution and laws of
the State of Iowc~ and will segregate the
revenues of the Project and apply said
revenues to the funds specified in this
Resolution.
Section 19. Remedies of Bondholders.
Except as herein expressly limited the
holder or holders of the Bonds and Fari-
ty Bonds shall have and possess all the
rights of action and remedies afforded
by the common law, the Constitution
and statues of the State of Iowa, and of
the United States of Amerlca, for the en-
forcement of payment of their Bonds,
and of the pledge of the revenues made
hereunder, and of all covenants of the
Issuer hereunder.
Section 20. Prior Lien and Parity Bond~
The Issuer will issue no other Bonds or
obligations of any kind or nature
payable from or enjoying a lien or claim
on the property or revenues of the Pro-
ject having priority over the Bonds or
Parity Bonds except as herein provided.
Additional Bonds may be issued on a
parity and equality of rank with the
Bonde 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 by this Resolution,
for the follawing purposes and under the
following conditions, but not otherwise:
(a) For the purpose of refunding any
of the Bonds or Parity Bonds which
shall have matured or which shall
mature not later than three months after
the date of delivery of such refunding
Bonds and for the payment of which
there shall e insufficient money in the
Sinking Fund and the Reserve Fund;
(b) For the purpoase of refunding any
Bonds or Parity Bonds outstanding, or
for the purpose of the Project, if all of
the following conditions shall have been
(i) before any such Bonds ranking on
a parity are issued, there will have been
~rocured and filed with the Clerk, a
statement of an independent certified
employee of the Issuer, reciting the opi-
nion based upon necessary investiga-
ject for the preceding fiscal year (with
adjustments as hereinafer provided)
were equal to or if fldly levied would
any fiscal year prior to the longest
maturity of any of the then outstanding
Bonds for both principal of and interest
on all Bonds then outstanding which are
payable from the net earnings of the Pro-
iect and the Bonds then proposed to be
issued.
(ii) the additional Bonds must be
payable as to principal and as to interest
on the same month and day as the
Bonds herein authorized.
Section 21. Disposition of Bond Pro-
ceeds; Arbitrage Not Permitted. The
covenants that no use will be made of
the proceede from the issuance and sale
of the Bonds issued hereunder which will
cause any of the Bonds to be classified
as arbitrage Bonds within the meaning
of Section 103 (c) (2) of the Internal
Revenue Code of the United States, and
that throughout the term of said Bonde
it will comply with the requirements of
thereunden
To the best knowledge and belief of
the Issuer, there are no facts or cir~
cumstances that would materially
change the foregoing statements or the
conclusion that it is not expected that
the proceeds of the Bonds will be used
to be arbitrage Bonds. The Treasurer is
hereby directed to deliver a certificate
at issuance of the Bonds to certify as to
the reasonable expectation of the Issuer
as restricted yield investments the funds
following:
(a) Any amounts ld the Sinking Fund
ld excess of l3/12ths of the total of an-
nual principal and interest requirements.
(b] Any amount on hand in the
Regular Session, July 7, 1986
Reserve Fund in excess of fifteen percent
of the original principal amount of the
outstanding bonds and parity bonds
(other than the outstanding bonds).
(c) Any amount on hand in the Revolv-
ing Fund to the extent that it has been
held for a period greater than three
years.
"Restricted yield investments" are
funds or investments which the Issuer
covenants not to invest at a yield
materially higher than the yield on the
bonds as defined in the regulations
issued under authority of Section 103 (c)
of the Internal Revenue Code of the
United States. If any investments are
held with respect to the bonds and pari-
ty bonds, the Issuer shall treat the same
for the purpose of restricted yield as held
in proportion to the original principal
amounts of each issue.
The Issuer covenants that it will ex-
teed any investment yield restriction
provided in this resolution only in the
event that it shall first obtain an opinion
of recognized bond counsel that the pro-
the bonds to be classed as arbitrage
bonds under Section 103 (c) of the Inte~
nal Revenue Code or regulations issued
The Issuer further covenants that it
will proceed with due diligence to spend
the proceeds of the bonds for the purpose
set forth in Section 3 and will make no
use of the proceeds available for the con-
struction of facilities or change in the use
by persons other than the Issuer of the
general public of any portion of the
facilities constructed therefrom, unless
it has obtained an opinion of bond
posed project or use will not be of such
the Bonds not to be exempt from federal
income taxes in the hands of holders
other than substantial users of the pro-
jeer. under the provisions of Section 103
(b) of the Internal Revenue Code of the
United States, related statutes and
regulations.
The lssuer further covenants that it
will not expend the proceeds of the
Bonds for or devote the land acquired
with the proceeds to the construction of
parking or convention facilities unless
the Issuer has received a ruling o[ the
of bond counsel that the proposed expert-
the Bonds to be taxable under the pro-
visions of Section 103 (b) of the Internal
Revenue Code of the United States.
Section 22. Discharge and Satisfaction
of Bonds. The covenants, liens and
created or impos-
ed pursuant to this Resolution may be
~ully discharged and satisfied with
respect to the Bonds and Parity Bonds,
or any of them, in any one or more of the
(a) By paying the Bonds or Parity
Bonds when the same shall become due
and payable; and
b) By depositing in trust with the
designated by the governing body for
the payment of said obligations and
· evocable appropriated exclusively to
that purpose an amount in cash or direct
obligations of the United States the
maturities and yield of which shall be
sufficient to retire at maturity, or by
redemption prior to maturity on any
designated date upon which said obliga-
tions may be redeemed, all of such
obligations outstanding at the time,
together with the interest thereon to
maturity or to the designated redemp'
tion date, premiums thereon, if any that
may be payable on the r~demptlan of the
same; provided that proper notice of
redemption of all such obligations to be
shall have been previously
: have been
Upon such payment or deposit of
money or securities, or both, in the
amount and manner provided by this
Section, all liability of the Issuer with
respect to the Bonds or Parity Bonds
cease, determine and be complete-
ly discharged, and the holders thereof
shall be entitled only to payment out of
money or securities so deposited.
~ection 23. Resolution a ContracL The
provisions of this Resolution shall con-
stitute a con.act between the Issuer and
;he holder or holders of the Bonds and
Parity Bonds, and after the issuance of
any of the Bonds no change, variation.
or alteration of any kind in the prow-
sions of this Resolution shall be made
in any manner, except as provided in the
succeeding Section, until such time
as all of the Bonds and Parity Bonds,
~nd interest due thereon, shall have been
satisfied and discharged as provided in
Resolution.
Section 24. Modification of Resolution.
Resolution may be amended from
time to time if such amendment shall
have been consented to by holders of not
257
256
Regular Session, July 7, 1986
less than two-thirds in principal amount
of the Bonds and Parity Bonds at any
time outstanding (not including in any
case any Bonds which may then be held
or owned by or for the account of the
Issuer, but including such Refunding
Bonds as may have been issued for the
purpose of refunding any of such Bonds
if such Refunding Bonds shall not then
be owned by the Issuer); but this Resolu-
tion may not be so amended in such
(a) Make any change in the maturity
or interest rate of the bonds, or modify
the terms of payment of principal o for
!nterest on the Bonds or any of them or
impose any conditions with respect to
such payment;
(b) Materially affect the rights of the
holders of less than all of the Bonds and
Parity Bonds then outstanding; and
(e) Reduce the percentage of the prin-
cipal amount of Bonds, the consent of
the homers of which is required to effect
a further amendment.
Whenever the Issuer shall propose to
amend this Resolution under the provi-
sions of this Section, it shall cause notic,
of the proposed amendment to be filed
with the Original Purchaser and to be
published one time in a newspaper hav-
ing general circulation in the State of
Iowa, or a financial newspaper or jou~
nal published in Chicago, Illinois. Sucl
notice shall briefly set fortk the nature
of the proposed amendment and shall
state that a copy of the proposed amen-
datory Resolution is on file in the office
of the Clerk.
Whenever at any time within one year
from the date of the publication of sold
notice there shall be filed with the Clerk
an instrument or instruments executed
by the holders o fat least two-thirds in
aggregate principal amount of the
Bonds then outstanding as in this Sec-
lion defined, which instrument or in-
struments shall refer to the proposed
amendatory Resolution described in said
notice and shall specifically consent to
and approve the adoption thereof,
thereupon, but not otherwise, the govet~
ning body of the Issuer may adopt such
amendatory Resolution and such
Resolution shall become effective and
binding upon the holders of all of the
Bonds and Parity Bonds.
Any consent given by the holder cfa
Bond pursuant to the provisions of this
Section shall be irrevocable for a period
of six months from the date of the instru
~cing such consent and shall
I c° ?lu .ive and binding upon all
I future ho. Id.e? of the same Bond during
I sufh?rioq. Suehconsentmayberevok.
I ed at any time after si~ months ~om the
date of such instrument by the holder
who gave such consent or by a successor
in atic by filing noace of such revoca-
tion with the Clerk.
The fact and date of the execution of
any instrument under the provisions of
this Section may be p~ved by the cer-
tificato of any officer in any jurisdiction
who by the laws thereof is autho~zed to
take acknowledgments of deeds within
such jurisdiction that the person sign-
lng such instrument acknowledged
before him the execu~on thereo~ or may
be proved by an affidavit of a witness
to such execution sworn to before such
The amounts and numbers of the
Bonds held by any person executing
such instrument and the date of his
holding the same may be proved by an
affidavit by such person or by a ce~
tificate executed by an officer cfa bank
or trust company showing that on the
date therein mentioned such person had
on deposit with such bank or trust com-
pony the Bonds descHbed in such
certificate.
Section 25. Additional covenants,
representations and warranties of the
Issuer with respect to retroactively effee~
Hve federal legislatio~
In order to maintain the exemption
~m federal income taxes of interest on
the Bonds and for no other purpose, the
Issuer covenants to comply with the p~-
visions of ~R. 3838, the tax reform act
of 1985 in the respective forms in which
it was adopted by the ~S. House of
Representatives on December 1Z 1985,
(the "House Bill") and by the United
States Senate on June ~, 1~6. For this
purpose, the Issuer reserves the Hght to
~cept the extended effective dates of
certain p~visions of the House Bill as
p~vided in the Joint Statement of the
leaders of the House Ways and Means
Committee, the Senate ~nance Commit-
tee a~ the ~easu~ Depa~ment, issued
Ma~h 1~ 1~ The Issuer may treat the
Joint Statement as effective to extend
the effective date of the p~visions in-
'cared un~l it is modified or withdmw~
Until and unless and except to the ex-
tent in the opinion of bond counsel the
following a~ not necessa~ to maintain
the tax-exempt status of the Bonds, the
Issuer makes the following covenants,
258
Regular Session, July 7, 1986
representations and warranties with
respect to the Bonds:
1. The Issuer represents that except
for use as a member of the general
ublle, the proceeds of the bonds will not
Pbe used directly or indirectly in any
trade or business carried on by any peo
son ocher than Issuer or used directly or
indirectly to make or finance loans to
persons other than governmental units.
2. The Issuer will submit in a timely
manner all reports, accountings and in-
formation to the Internal Revenue Set~
vice and will take whatever action is
necessary within its power to assure the
continued tax exemption on the Bonds.
3. In the event the federal law ap-
plicable to the Bonds after the eonsidera-
lion of the House bill and the Senate Bill
imposes requirements different from the
pf~ovlsions of either of the respective
rms adopted by the House and the
'Senate, retroactively effective to the
time the Bonds are issued, the Issuer
will take whatever action is necessary
within its power to comply with the ap-
plicable law and regulations in order to
maintain tax exemption with respect to
the Bonds.
Section 26. Amendment of Resolution
to Malntain Tax Exemption. This resolu-
tion may be amended without the eon-
sent of any owner of the Bonds for the
sole purpose of taking action necessary
to maintain tax exemption with respect
to the Bonds under applicable federal
law or regulations.
Section 27. Severability. It is hereby
declared that the sections, clauses,
sentences and parts of this Resolution
are severable and are not matters of
mutually essential inducement, it being
the intention of the City to comply in ail
respects with the Constitution and
statutes of the State of Iowc~ and if any
or parts of this Resolution shall for any
reason be questioned in any court or
shall be judged unconstitutional or in-
vol d~ such judgment shall not impair or
invalidate the remaining provisions of
this Resolution, and shall be confined in
its operation to the specific provision or
provisions so held unconstitutional or in-
valid and the inapplicability or invalldi-
ty of any section, clause, sentence or pa. rt
of this Resolution in any one or more m-
stances shall not be taken to affect or
prejudice its applicability or validity in
any other instance.
Section 28. Repeal of Conflicting Or
: or Resolutions and Effective
Date. All other ordinances, resolutions
or parts thereof, in confiect
Resolution
to th~ extent Of such conflict, hereby
repealed; and this Resolution shall be in
effect from and after its adoption.
Passed and approved this 7th day
July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deieh moved adop-
lion of the Resolution. Seconded by
Council Meraber Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Krleg, Kronfeldt,
Simon.
Nays--Nane.
Absant--Councll Members Khiesner,
Manning.
Communication of City Manager re-
questing City Council to officially
designate a name for the Ice Harbor
area, presented and read. Council
Member Simon moved that the com-
munication be tabled until the Council
Meeting of August 4th. Seconded by
~ )anncll Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronieldt,
Simon.
Nays--Nane.
Absent--Council Members Kinesner,
Manning-
RESOLUTION NO. 153-86
RESOLUTION DIRECTING
THE ADVERTISEMENT FOR
SALE OF $500,000
STREET IMPROVEMENT BONDS
WHEREAS, the City of Dubuque,
Iowa, hereinafter sometimes referred to
as the"City", is in need of/unds to pay
a part of the cost of the Jolm~ F~?~annv~dnYg
paving Project; 1984 Aspnm~
Project and 1985 Asphalt paving pro-
Jvect and it is deemed necessary and ad-
isable that said City should issue its
Street Improvemant Bonds to the
amount of $500,000, as authorized by
Section 384.68 of the City Cede of Iowa,
/or the purpose of providing funds to
pay the aforesaid costs; and
wHEREAS, belore said Improve-
259
Regular Session, July 7, 1986
raent Bonds may be issued and sold it
is deemed necessary and appropriate
that action be taken as hereinafter
directed.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the bonds hereinafter
described be offered at publlo sale, pur-
suant to advertisement as required by
law.
Section 2. That the Clerk is hereby
directed to publish notice of sale of said
bonds on two days, which need not be
successive, one of which shall be not loss
than four clear days nor more than twen-
ty days before the date of the sale.
Publication shall be made in the
Telegraph-Herald, a legal newspaper,
printed wholly in the English language,
published within the county in which the
bonds are to be offered for sale or an ad-
jacent county. Said notice is given put~
suant to Chapter 75of the Code of Iowa,
and shall state that this Coun¢i~ on the
21st day of July, 1986, at Z'30 o'clock
P.M., will hold a meeting to receive and
act upon bids for said bonds; said notice
to be in substantially the following form:
(Two publications required)
NOTICE OF BOND SALE
Time and Place of Sale: The sale of
bonds of the City of Dubuque, Iowa, will
be held at the Conference Room "A " Ci-
ty Hall, in the City of Duhaque, Iowa,
(the "Issuer") at 1:00 o 'clock P.M., on the
21st day of July, 1986.
Sealed Bid~. Sealed bids will be receiv-
ed at the office of the Clerk and all seal-
ed bids receivad prior to the time of the
sale will be referred to the Council at the
meeting then to be held. The Issuer will
receive sealed bids until the governing
body declares the time for the filing of
sealed bids to be closed.
The Bond~ The bonds to be offered are
the following;
STREET 1MPRO VEMENT
BONDS, in the principal amount of
$500,0~0, to be dated August 1, 1986, in
the denomination of $5,000, and to
mature as follows:
Principal Maturity
Amount Dec. 1st
$50,000 1986
$50, 0~0 1987
$50,0~0 1988
$50,000 1989
$50, 0(~0 1990
$50,000 1991
$50,0~0 1992
$50,(~00 1993
$50,000 1994
$50,000 1995
Optional Redemption: All of said
bonds due after December 1, 1986, will
be subject to call prior to maturity in
whole or from time to time in part, in
numerical order on or within forty-five
days after said date or any succeeding
interest payment date, at the option of
the Issuer, upon terms of par plus ac-
crued interest to date of call. Said Im-
provement Bonds shah not contitute a
general obligation but shall be payable
only from the special fund created by
assessments to property benefited by
the John F. Kennedy Paving Project;
1984 Asphalt Paving Project and 1985
Asphalt Paving Project.
Interest: Interest on said bonds will
be payablo on December i, 1986, and an-
nually on the 1st day of December
thereaften Principal and interest will be
payable at the office of Bankers Trust
Company. No bond shall bear interest at
a rate exceeding 12pereentper annum.
Registration: The above bonds will be
issued in registered form as to principal
and interest. The Issuer has designated
the Bankers Trust Company of Des
Moines, Iowa as the initial registrar.
Payments will be made by check mail-
ed to the address of the owner of the
bond as of the record date as shown by
the records of the Registrar. Payment of
principal will be made upon surrender of
the Bond.
Not more than fifteen (15) days after
the bond sale date the purchaser shall
notify the Registrar of the names and
tax identification numbers of registered
owners to be shown at the initial
delivery of the bonds, showing principal
amounts for each annual maturity.
Otherwise the bonds will be registered
in the name of the bidder or in the name
of the first participant listed in the bid.
Rid Securitg: All bids shall be accom-
panied by a certified check or a cashier's
check drawn upon a ~oloent bank doing
business in the United States, in favor
of the City, in the amount of $10, O00. If
tke bidder to whom the bonds are award-
ed withdraws its bider falls to complete
the purchase in accordance with the
terms hereof, the Issuer shall have the
right in its sole discretion to elect to
treat the bid security either as liquidated
damages or as a credit against the
Issuer's claim for actual damages occa-
260
Regular Session, July 7, 1986
sioned thereby. Checks of unsuccessful
bidders will be returned promptly.
Form o£ Bids: All bids shall be uncon-
ditional except as provided in this
notice, for an entire issue of bonds for
a price not less than 100 percent of par,
plus accrued interest, and shall specify
the rate or rates of interest in conferral'
t to the limitations of the following
~pYaragraph. Rids must be submitted on
-or in substantial compliance with the of-
ficial bid form provided by the Issuer.
The bonds will be awarded to the bidder
offering the lowest interest cost, which
will be determined by aggregating any
permissible discount, if any, with the in-
retest payable by the Issuer over the life
of the bonds in accordance with the
terms of each bid presented, and deduc-
ting therefrom the premium, if any,
stipulated in said proposal.
Rates o[ Interest: The rates of interest
specified in the bidder's proposal must
conform to the limitations following:
1. All bonds of each annual maturity
must bear the same interest rate.
2. Rates of interest bid must be in
multiples of one-eighth or one-twentieth
of one percent.
3~ No rate of interest named shall be
more than two percent higher than the
lowest rate of interest named.
Delivery: The bonds will be delivered,
without expense to the purchaser at any
mutually acceptable bank and trust com-
pany at Des Moines, Iowa; Chicago, B-
llnois or Dubuque Iowa, against full
payment in immediately available cash
or federal funds. The bonds are expected
to be delivered within thirty days after
the sale. Should delivery be delayed
beyond sixty days from date of sale for
any reason except failure of performance
by the purchaser, the purchaser may
withdraw his bid and thereafter his in-
terest in and liability for the bonds will
cease. (When the bonds are ready for
delivery, the Issuer may give the suc-
cessfal bidder five working days notice
of the delivery date and the Issuer will
e'xpect payment in full on that date,
otherwise reserving the right at its op-
lion to determine that the bidder has fail-
ed to comply with the offer of purchase.)
CUSIP Number~' CUSIP numbers will
802 of the Tax Reform Act of 1985, the
issuer will designate the bonds as such.
The issuer does not expect to designate
and issue more than $16,000,000 of bonds
during the calendar year.
Said bonds will be sold
subject to the opinion of Ahlors, Cooney,
Dorweilor, Haynlo, Smith & Allbee, At-
torneys of Des Moines, Iowa, as to the
legality and their opinion will be furnish-
ed together with the printed bonds
without cost to th~ purchaser and all
bids will be so conditioned. Except to the
extent necessary to issue their opinion
as o the legality of the bonds, the at-
torneys will not examine or review or ex-
, opinion with respect to the
curacy or completeness of documents,
materials or statements made or furnish:
ed in connection with the sale, issuance
or marketing of the bonds. The opinion
will be printed on the back of the bonds.
The successful bidder will also be furl.
nished, without cos~ with a separate
nion of bond counsel with respect to the
effect of certain pending federal tax
legislation, if enacted, applicable to the
bonds.
Rights Reserved: The right is reserv-
ed to reject any or all bids, and to waive
any irregularities as deemed to be in the
best interests of the public.
By order of the City Council of the Ci-
ty of Dubuque, Iowa.
Mary A. Davis
City Clerk of the
City of Dubuque, Iowa
(End of Notice)
Passed and approved tiffs 7th day
July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Eesolutlon. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
not be printed on the bonds. Manning.
@anll£ied Tax Exempt Obligations:
These bonds are part of an issue not ex- Commu~fication of City Manager s.ub-
ceeding $3,000,000. For the purpose of mitring Ordinance relating to Mooring
qualifying the bonds as "qualified tax of Boathouses on the City of Dubuque
exempt obligat~ons"pursuant to Section Waterfront, presented and read. Coun-
261
Regular Session, July 7, 1986
cil Member Kronfeldt moved that the
communication be received and filed
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Councti
Members Deich, Krieg, Kronfedlt
Simon.
Nays--None.
Absent--Council Members Khiesner
Manning.
An ORDINANCE amending the Code
of Ordinances of the City of Dubuque by
repealing Section 9 1/2-21, Mooring of
Boathouses and enacting a new Section
in fieu thereof, Mooring of Boathouses
sad Floats, presented and read. Coun-
cil Member Kronfeldt moved that this
be considered the first reading of the Or-
dinance. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Communication of City Manager sub-
mitting four Ordinances providing for
updating the City Code to conform with
changes in State Law, presented and
read. Council Member Kronfeldt moved
that the communication be received and
flied. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
An ORDINANCE Amending the
Code of Ordinances of the City of Dubu-
que, IA by repealing the First un-
numbered paragraph of Section 2-180
and all of Section 2-183 thereof and enac-
ting a new First unnumbered paragraph
of Section 2-180 and all of Section 2-183
in lieu thereof providing for Civil Service
Commissions and the election of a
Chairperson of a Civil Service Commis-
sion, presented and read. Council
Member Kronfeldt moved that this be
the first reading of the Ordinance.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
An ORDINANCE Amending the
Code of Ordinances of the City of Dubu-
que, Iowa, by enacting a new Second un-
numbered paragraph to Section 5-4, a
First unnumbered paragraph to Section
5-23, all of Section 5-33, subsection (2)
of Section 5-36 and all of Section 5-39
in lieu thereof providing for Sunday
Sales of Alcohofic Beverages identifying
the Iowa Alcoholic Beverage Control
Act in lieu of the Iowa Beer and Liquor
Control Act, presented and read. Coun-
cil Member Kronfaldt moved that this
be the first reading of the Ordinate.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
An ORDINANCE Amending the
Code of Ordinances of the City of Dubu-
que, Iowa, by enacting a new subsection
(k) to Section 5-29 thereof setting out Li-
quor License Fees for a fourteen day per-
mit, presented and read. Council
Member Kronfeldt moved that this be
the first reading of the Ordinance.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
An ORDINANCE Amending the
Code of Ordinances of the City of Dubu-
que, IA by enacting the definition of
Chauffeur in Section 25-2 in lieu thereof,
presented and read. Council Member
Kronfeldt moved that this be the first
reading of the Ordinance. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning,
Commudication of City Manager sub-
mitting Ordinance to include a descrip-
262
Regular Session, July 7, 1986 ~
tion of Maus park, presented sad read. Carried by the following vo~e:
Council Member Simon moved that the Yeas--Mayor Brady, Council
communication be received sad filed. Members Deinh, Krieg, Kronfeldt,
Seconded by Council Member Kronfaldt. Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--CounCil Members Kinesner,
Manning.
An ORDINANCE Amending the
Code of Ordinances of the City of Dubu-
que, Iowa, by enacting Section 27-115
thereof providing for Msas park,
presented sad read. Council Member
Simon moved that this be the first
reading of the Ordinance. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
Cormmunication of City Manager sub-
mltting three Ordinances to provide for
the assessment of Delinquent Sewage,
Water and Garbage Collection Ac-
counts, presented and read. Council
Member Simon moved that the com-
munication be received and filed.
Seconded by Counc'fl Member Kronfaldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfaldt,
Simon.
Nays--Noan.
Abcent--Couneil Members Khiesnar,
Manning.
An ORDINANCE Amending the
Code of Ordinances by enacting a new
Section 17-37 (d) in lieu thereof pro-
viding for the assessment of DelLuquent
Garbage Accounts; An ORDINANCE
Amending the Code or Ordinances of
Dubuque, IA by enacting a new Section
36-59 in lieu thereof providing for the
assessment of Delinquent Sanitary
Sewer Accounts; An ORDINANCE
Amending the Code of Ordinances of the
City of Dubuque, IA by enacting a new
Section 36-165 thereto providing for the
assessment of Delinquent Water Service
Charges, presented and read. Council
Member Simon moved that this be the
first reading of these Ordinances.
Seconded by Council Member Kronfeldt.
Nays--None.
Absent--Council Members Kluesner,
Meaning.
BOARDS AND COMMISSIONS
APPOINTMENTS:
CIVIC CENTER COMMISSION:
Three three-year terms which will expire
6-29-89; Applicants: Rod Bakke, Dave
Bennett, Greg Cigrand, Robert Ham-
mai, Ruth Nosh.
Mayor Brady voted., for .Bon~ne.~t~,
Hummel & Nosh; Council Memner Dacn
voted for Bennett, Hummel &Nash;
CounCil Member Klueener - Absent;
Council Member Krieg voted for Bsa-
nett, Hammal sad Bakke; Council
Member Krsafaldt voted for Bennett,
Hammal & Bakke; Council Member
Manning ' Absent; Council Member
voted for Bokke, Bennett &
Therefore, Rod Bakke, Dave
. Robe~ Harnmal reappointed
to the Civic Center Commission for three
year terms.
TV CABLE TELEPROGRAMM'
ING COMMISSION: A three year term
to expire 6-30-89; Applicant: Sharon
Schneider.
Council Member Kronfaldt moved
that Sharon Schneider be appointed to
a three year which will expire 6-30-89.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
RESOLUTION NO. 154-86
BE IT RESOLVED by the City Coun-
'.il of the City of Dubuque, Iowa, that
the fallowing having complied with the
previsions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes sad Cigarette Papers within
~ald City.
5th and Locust
Dave Adams (My-Cap Vendors)
Cf'Ac Center "76" 1185 Dodge St.
Paul E. Anthony (My-Cap Vendors)
Ring's Fine Foods Kennedy Mall
Apartments Lts. (My-Cap Vendors)
Dubuque Mining Co. 2699 Kennedy Road
Benevolent & Protective (My-Cap Vendors)
Order of Elks
263
Regular Session, July 7, 1986
Jerry's Tap
Angelina A. Bertolini
Marlo's Italian Restaurant
Judy Botsford
(My-Cap
1298 Main
1027 Rhomberg
(My-Cap Vendors)
1400 Central
(My-Cap Vendors)
170 W. 32nd St.
(My-Cap Vendors)
1550 Clarke Dr.
Patriela Crocker 1902 Central Ave.
King of Clubs (My-Ca
D B Q Inc. Mh and Locust
Shot Tower Inn (My-Ca
Dubuque Post 9 1305 Delhi
American Legion (My-Cap Vendors)
Eagle Point Ass. Inc. 2800 Rhomberg
The Tollbridge Inn (My-Cap Vendors)
Elbo Corp 2095 Kerper
Dr. B's Billiards (My-Cap Vendors)
FitzPatrick's Ltd. 26~0 Dodge
FiizPatrtck's (My-Cap Vendors)
Fraternal Order of Eagles 1175 Century
(My-Ca
Terry Frederick-D. Turner 983 Century Dr.
Finish Line (My-Ca
Donna Ginter 342 Main St.
Silver Dollar (My-Cap
Donna Rioter 1701 Asbury
West Dubuque Tap (My-Cap Vendors)
Marco Blunts 2022 Central
arco s Italian & American Foods My-Cap Vendors)
doter, Inc. 31 Locust
Bridge Rest. & Lounge (My-Cap Vendors)
Heileman Baking Co., Inc.
Trausch Baking Co. (My-Cap Vendors)
Timothy M. Herber 1100 Lincoln
Nineteen Hundred Tap (My-Ca
Holiday Inn, Inc.
Holiday Inn Motel (My-Ca
Howard Johnson Co. 50 J.F.K.
Ground Round
James Kaehevas, Inc. 665 Dodge
Damotris (My-Cap Vendors)
Robert J. Kehl 2nd St. Harbor
The Barge (My-Cap Vendors)
Elaine Kelly Highway 20 West
Coach House (My-Cap Vendors)
Jeannine Kersch 1550 Central
Idle Hour (My-Ca
R. Kupferachmidt.P. Barry 1094 University
Whiskey River (My-Ca
Beverly A. Larsen 3050
Denny's Lux Club (My-Ca
Mateo Restaurants, Inc. 1940 J.F.K.
Village Inn (My-Cap Vendors)
Moraeco Supper Club, Inc. 1413 R0ckdale
(My-Cap Vendors)
New French Cafe, Inc. 225 E. 6th St.
(My-Cap Vendors)
Perkins, Inc. 3500 Dodge
(My-Cap Vendors)
B. Ready - A. Tigges 1895 J,F.K.
Rib Tickler (My-Cap Vendors)
Richard J. Ring 115 W. llth
Maid Rite Restaurant (My-Cap Vendors)
Sue Saffran 1097 Jackson
Kennel Club (My-Cap Vendors)
Thomas Schrobilgen 1121 University
Schroby's (My-Cap Vendors)
Charles H. Schrodt 253 Main St,
C.J.'s Lounge (My-Cap Vendors)
Patricia Lombardi Schuster 1630 E. 16th
Ms. Pat's (My-Cap Vendors)
Steve Smith
Soupy's, Inc. 2095 Kerper
Hudson's (My-Cap Vendors)
Town Clock Inn, Inc. Town Clock Plaza
(My-Cap Vendors)
Barbara Travis 385 E. 13th
The Lone Star (My-Cap Vendor~
Tri-State Blind Society 1099 Jackson
(My-Cap Vendor~
Maylo Turner 2417 Bhomberg
Lucky Lady (My-Cap Vendor~
United Auto Workers Local 94 3450 Central
(My-Cap Vendors
WCE Hotels. Inc. 3100 Dodge
Midway Motor Lodge (My-Cap Vendors
Passed, adopted and approved this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Rrady, Council
264
Regular Session, July 7, 1986
Members Deich, Krieg, Kronfeldt, City of Dubuque, Iowa, that the
Simon. Nays--None.
Absent--Council Members Kluesner,
Manning.
RESOLUTION NO. 155-86
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed, and
WHEREAS, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bond;
NOW THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the foilow~ng named applicants
a Beer Permit.
CLASS "C" BEER PERMIT
Kristina Chapman 1050 University
Oky Doky #14 (Also Sunday Sales)
CLASS "B" DEER PERMIT
Dennis A. Althaus 3400 Central
Family Beer Store (Also Sunday Sales)
Passed, adopted and approved this
7th day of July, 1986.
domes E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
RESOLUTION NO. 156-86
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rele-
rant thereto and they have filed proper
bonds;
NOW THEREFORE BE IT
RESOLVED by the City Council of the
Manager be authorized to cause to be
ssued to the following named appli-
cant(s) a Liquor License.
CLASS "C' (COMMERCIAL)
DEER AND LIQEOR LICENSE
'itzPatrick's Ltd. 2600 Dodge St.
FitzPatrick's
~ of China Co. 2335 J.F.K.
House of China (Also Sunday Sales)
Liberty Restaurants, Inc. 401 Central
Sfikas Restaurant (Also Sunday Sales)
Curtis L. Gerhard 2186 Central
Knicker's Saloon (Also Sunday Sales)
Passed, adopted and approved this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Member
Deich, Kronfeldt, Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Printed Council Proceedings for
months of February and March, 1986,
Council Member
Dalch moved that the proceedings be ap-
proved as printed. Seconded by Court-
cil Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
MINUTES SUBMITTED: Airport
Comm. of 6-2 & 6-9; Building Code Ad-
visory & Appeals Board of 6-10; Cable
TV Regulatory Commission of 6-11;
Cable Teleprogramming Comm. of 6-3;
Civil Service Comm. of 3-26; Dock
Comm. of 6-3; Historic Preservation
Comm. of 6-17; park & Recreation
Comm. of 6-17; Zoning Board of Adjust-
ment of 4-24 & 5-22, presented and read.
Council Member Deich moved that the
minutes be received and filed. Second-
ed by Council Member Simon~ Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Krieg, Kronfeldt,
Simon.
Nays--None.
265
Regular Session, July 7, 1986
Absent--Council Members
Manning.
Planning and Zoning Commission
Minutes of 5-20-5-21, 6-4 and 6-18
presented and read. Council Member
Krleg moved that the minutes be refer-
red back to Planning and Zoning and re-
quest clarifications of actions. Second-
ed by Council Member Kronfaldt. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Krleg, Kronfeldt.
Nays--Council Member Simon.
Mmlning.
NOTICES OF CLAIMS AND
SUITS: Michael and Sandra EIl~s in est.
amount of $1,093.90 for becked-up sewer
damages; Tom and Rosie Fransen in est.
amount of $585.24 for backed-up sewer
damages; Medical Associates Clinic, on
behalf of Marie Graham, in the amount
of $1,229.60 for personal injuries; John
Heiling in the amount of $45 for ~
damages; Richard Kasper in est. amount
of $1200 for backediup sewer damages;
Jahn Kubesheski in est. amount of
$226.54 for backed-up sewer damages;
Lee Mahoved in est. amount of $95 for
personal injuries; Kenneth L. Ney, by
LaVern Ney, his father in est. amount
of $384.90 for property damages and
personal injuries; Charles Reiily in
unknown amount for car damages; Vi-
vinn Steele in unknown amount for per-
sonal injuries; Richard Worley in est.
amount of $20 for towing charges,
presented and read. Council Member
Deich moved that the claims and suits
be referred to the Legal Staff for in-
vestigation and report. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Communication of Corporation
Counsel recommending settlement of
personal injury claim of Joseph H. &
Violet H. Morong in amount of $500,
presented and read. Council Member
Deich moved that the communication be
received and filed and settlement ap-
proved with Finance Director to issue
the proper check. Seconded by Council
Member Simon. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Communication of David Hartig, Jr.
requesting vacation of "Township
Road", a 530 foot long, narrow lane at
the southerly end of Southern Ave.,
presented and read. Council Member
Deich moved that the communication
and matter be referred to the City
Manager and staff. Seconded by Coun-
cil Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deiah, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Proof of pubbcation, certified to by the
Publisher, on Notice of Claims paid for
month of May, 1986, presented and
read. Council Member Deich moved that
the proof of publication be received and
filed. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
Iowa Department of Transportation
advising of proposal letter to overlay a
Bridge Deck on Primary Road U.S. 20
on 8-5-86 (said area is located within the
City of Julian Dubuque Bridge},
presented and read. Council Member
Deich moved that the notification be
received and filed. Seconded by Council
Member Simon. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deiah, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Shnon.
City Manager submitting Financial
Reports for the month of May, 1986,
presented and read. Council Member
Dalch moved that the reports be receiv-
ed and filed. Seconded by Council
Member Simon. Carried by the follow-
ing vote:
266
Regular Session,
__._._._.--.-
Yeas-Mayor Brady, Council
Members Deich, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent-Council Members Kluesner,
Manning.
REFUNDS REQUESTED: 1900 Tap,
$422.50 on unexpired Liquor License,
presented and read. Council Member
Delch moved that the refund be approv-
ed and Finance Director to issue the pro-
per check. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Krieg, Kronfeldt,
Simon.
Nays--Nane.
Absent--Council Members Khiesner,
Manning.
Communication of City Manager sub-
mitting an Agreement between Dubu-
que Main St. Ltd., and the City of Dubu-
que for continued impIemont arian of the
pIan for revitalization of Dubuque's
downtown, presented and read. Council
Member Deich moved that the com-
munication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kranfaldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
RESOLUTION NO. 157-86
RESOLUTION APPROVING A
FI~NDIN G AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND
DUBUQUE MAIN STREET, LTD.
AND AUTHORIZING AND DIREC-
TING THE CITY MANAGER TO EX-
ECUTE SAID AGREEMENT ON
BEHALF OF THE CITY OF DUBU-
QUE, IOWA.
wHEREAS, the City of Dubuque,
Iowa has negotiated with Dubuque
Main Street, Ltd. to provide and impIe-
merit a Downtown Revitalization pro-
gram; and
WHEREAS, the terms and conditions
under which Dubuque Main Street, Ltd.
is to be funded for providing such eer-
vices are set forth in a Funding Agree-
ment, a copy of which Agreement is
hereto attached and by this reference
made a part hereof;
NOW, THEREFORE, BE IT
July 7, 1986 ~
RESOLVED BY THE CITY cOUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the attached Funding
Agreement by and between the City of
Dubuque, Iowa and Dubuque Main
Street, Ltd. be and the same is hereby
approved.
Section 2. That the City Manager be
and he is hereby authorized and directed
to execute said Agreement for and on
behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Delch, Krieg, Kronfeldt,
Simon,
Nays--None,
Abeent--Council Members Kluesner,
Manning.
Communication of City Manager
recommending acceptance of construe-
tion contract ~or the storm sewer at the
inter section of Windsor & Burden Ave.,
presented and read. Council Member
Deich moved that the communication be
received and filed. Seconded by Council
Member Simon. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Klueoner,
Manning-
ACCEPTING IMPROVEMENT
RESOLUTION NO. 158-86
WHEREAS, the contract for the
Windsor Avenue and Burden Avenue
Storm Sewer has been completed and
the City Manger has examined the work
and filed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its
acceptance-
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
267
Regular Session, July 7, 1986
City of Dubuque. Iowa, that the recom-
mendation of the City Manager be ap-
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Storm Sewer Construction Fund in
amount equal to the amount of his con-
tract, less any retained percentage pro-
vided for therein.
Passed, adopted and approved this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
FINAL ESTIMATE
RESOLUTION NO. 159-86
WHEREAS, the contract for the
Windsor Avenue and Burden Avenue
Storm Sewer has been completed and
the City Engineer has submitted his
final estimate showing the cost thereof
including the cost of estimates, notices
and inspection sad all miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said ira-
provement is hereby determined to be
$2E~ 359.42 and that said amount shall be
paid from the Storm Sewer Construction
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted, this
7th day of Jniy, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Delch moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Delch, Krieg, Kranfeldt,
Simon.
Nays--Nane.
Absent--Council Members K1uesner,
Manning,
Communication of City Manager
recommending acceptance of the Con-
tract for the reconstruction of Murphy
Park Tennis Courts, presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 160-86
WHEREAS, the contract for the
Reconstruction of Murphy Park Tennis
Courts has been completed and the Ci-
ty Manager has examined the work and
filed [ds certificate stating that the same
has been completed according to the
terms of the contract, plans and
specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendation of the City Manager be ap-
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Revenue Sharing Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of July, 1986.
James. E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Krieg, Kronfeldt, Simon.
Nays--None.
268
Regular Session, July 7, 1986
Absent--Council Members Kinesnar,
Manning.
FINAL ESTIMATE
RESOLUTION NO. 161-86
WHEREAS, the contract for the
Reconstruction of Murphy park Tennis
Courts has been completed and the Ci-
ty Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, notices
and inspection and all miscellaneans
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said ira-
provement is hereby determined to be
$55,432.58 and that said amount shall be
paid from the Revenue Sharing Fund of
the City of Dubuque, Iowa.
Passed, approved and adopted this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Deich moved adop'
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Khiesnar,
Manning.
Communication of City Manager re-
questing Mayor be authorized to ex-
ecute a Project Agreement with the
Iowa DOT for rights-of-way relating to
connection of City streets and alleys to
relocated Highway 61, presented and
read.
Council Member Deich moved that
the communication be received and fil-
ed. Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Krieg, Kronfeldt,
Simon.
Nays--None-
Absent--Council Members Khiesner,
Manning.
RESOLUTION NO. 162-86
WHEREAS, Iowa Department of
Transpurtatian will be acquiring right-
:i~ with the connection of
City streets and alleys to Relocated 61;
and
WHEREAS, title to such land ac-
quired by the Iowa Department of
Transportation will be deeded to the Ci-
ty; and
WHEREAS, when condemnation is
required a alngie joint condemnation
proceeding shall be instituted by Iowa
Department of Transportation to ac-
quire the real estate and/or rights and
real estate needed by the City for the Ci-
ty; and
WHEREAS, all expenses associated
with acquisition of such right-of-way
shall be assumed by the Iowa Depart-
amnt of Transportation.
~IOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the Mayor is hereby
~uthorized and directed to execute three
of Project Agreement 86-1-187
r F-61-8(22)-2(~31.
Section 2. That three copies of the ex-
ton by the C~ty Clerk be forwarded to
the Iowa Department of Transportation
passed, approved and adopted this
~th day of July, 1986.
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
[ Member Simon. Carried by the
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Kinesner,
Manning.
Communication of City Manager
questing acceptance of a Quit Claim
of property now used
by the Burlington Northern Ralkoad Co.
in the proximity of Ist, 2nd and 3ed
Streets, presented and read. Council
Member Krieg moved that the com-
munlcatinn be received and filed.
Seconded by Council Mmeber Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady. Council
269
Regular Session, July 7, 1986
Members Deich, Kring, Kronfeldt, ~
Simon.
Nays--None.
Absent--Council Members Kluesner,
Manning.
RESOLUTION NO. 163-86
WHEREAS, said company has
delivered a Quit Claim Deed conveying
its interest, if any, to the City of Dubu-
que, Iowa property described as follows:
A portion of the E¼NE¼ of Section
25, Township 89 North, Range 2 East
of the Fifth Principal Meridian situated
in the City of Dubuque, Dubuque Coun-
ty, Iowa more particularly described as
a strip of land 28 fast wide beginning on
the South side of Third Street, at a point
adjoining and immediately East of the
right-of-way, 14 feet wide, granted to the
Dubuque and Northwestern Railway
Company, by Ordinance on June 8,
1886~ and extending thence Southerly
adjoining and parallel with said right~of~
way to the North line of First Street ex-
tended Easterly which has granted to
the former Chicago, Burlington & Nor-
them Railroad Company (now Burl-
ingten Northern Railroad Company) by
Ordinance on February 10, 1886; Also,
Ali the part of the 100 foot wide strip
lying Southerly of Th/rd Street, and ex-
tending to the Southerly line of Block
"D", Booth's Addition, extended and
easterly of the right-of~way granted to
said former Chicago, Burlington & Nor-
them Railroad Company (now Burl-
ington Northern Railroad Company) by
said Ordinance on February 10, 1886,
subject to grantor reserving an ease-
ment, granted by Ordinance on October
6, 1890, for tracks running East and
West across the property; Also,
A strip of land 138 feet wide adjacent
to and Easterly of said 28 foot wide strip
of land granted to said Chicago, Burl-
ington & Northern Railroad Company
(now Burlington Northern Railroad
Company) by said Ordinance on
February 10, 1886 and extending from
the Southerly line of said Block "D",
Booth's Additinn extended Westerly to
the Southerly line of Second Street ex-
tended Easterly.
WHEREAS, said delivery of Quit
Claim Deed, dated June 6, 1986 by said
company to the City of Dubuque should
be accepted.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
Section 1. That the delivery of the
Quit Claim Deed by the Burlington No~
them Railroad Company, dated June 6,
1986, conveying its interes~ if any, to the
City of Dubuque, lowa for the
hereinabove described real estate, be and
the same is hereby accepted.
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said Quit Claim Deed ~o be record-
ed in the office of the Dubuque County
Recorder, together with a certified copy
of this Resolution.
Section 3. That the City Clerk be and
is hereby directed to forward a certified
copy of this Resolution to the Dubuque
County Assessor and the Dubuque
County Auditor.
Passed, approved and adopted this
7th day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Krleg moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Kineener,
Manning.
Communication of City manger
responding to petition from seven
residents requesting installation of
Sardtary Sewer Service on Roosevelt
Road and recommending that the pro-
construction in the
spring of 1987, presented and read.
Council Member Delch moved that the
communJcatinn be received and filed and
approved reconnnendation. Seconded by
Council Member Simor~. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfeldt,
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
Mr. Bill Byrne, on behalf of Jim
Schwers, spoke to the Council concern-
lng redevelopment of land in Arbor Oaks
and problems with rezoning.
270
Regular Session, July 7, 1986
There being no far~her business, Coun-
cil Member Deich moved to adjourn.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Krieg, Kronfaldt,
Simon.
Nays--None.
Absent--Council Members Khiesner,
Manning.
Meeting adjourned at 10:49 p.m.
Mary A. Davls
City Clerk
Approved_ __1986
Adopted - -- 1986
Mayor
Council Members
ATTEST:
City Clerk
271
Regular Session, July 21, 1986
BOARD OF HEALTH-'T--
OFFICIAL
Regular Seaion, July 21, 1986.
Bo~l met at 7:25 P.M. Public Library
Auditorium.
Present: Chairperson Brady, Board
Members Daich, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
Chairperson Brady read the call and
stated that service thereof had been duly
made and this Meeting is cai{ed for the
purpose to act upon such business which
may properly come before the Board.
No business was brought before the
Board.
There being no business, Board
Member Manning moved to adjourn.
Seconded by Board Member Kronfeldt.
Carried by the following vote:
Yeas--Chairperson Brady, Board
Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None.
Meeting adjourned at 7:29 p.m.
Mary A. Davis
Secretary, Board of Health
Approved__ _1986
Adopted ~~ 1986
Chairperson
Board Members
ATTEST:
Secretary, Board of Health
Regular Session, July 21, 1986
~~J~ Hearing. Council Member Khisener
moved that the proof be received and Iii-
OFFICIAL
Regular Session, July 21, 1986.
Council met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfuldt, Manning, Simon, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lladahl.
Mayor Brady read the call and stated
that service thereof had been duly made
and th~s Meeting is the P~EGULAR
SESSION of the City Council called for
the purpose to act upon such business
which may properly come before the
Council.
INVOCATION was given by Rev.
Jeffrey Schaefer, Pastor of St. Mark's
Lutheran Church.
PROCLAMATIONS: July 28, 29 &
30 as "Dubuque Legislative Days"; July
29th as "Mississippi Peace Cruise Day"
received by Ken Hindman; Week of
August 1st through 10th as "Youth
Baseball Week" received by Vern
Haberkorn.
HEARING on the revocation of the
Liquor Control License held by Zeila E.
Mangeno d/b/a The Bar, 1399 Jackson
St.
Council Member Kronfeldt moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nay--None.
police Chief Mauss, City Solicitor Bill
Blum clarified the specifics of the re-
quested revocation.
Council Member Kronfeldt moved to
receive and file the documents and ap-
prove the revocation. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
Yeas--Council Members Kluesner,
Krieg, Kronfeldt, Manning.
Nays--Mayor Brady, Council
Members Deich, Simon.
Proof of publication, certified to by the
Publisher, on Notice of Hearing on Plans
and Specs. for construction of City of
Dubuque 1986 Asphalt Paving Project
No. 2, presented and read. There were
no written objections received and no
oral objectors present at the time of the
Council Member Kdeg.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Krleg, Kronfeldt, Man-
ning, Simon.
Nays--None.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 164-86
WHEREAS, on the 2nd day of July,
1986, plans, specifications, form of con-
tract and estimated cost were filed with
the City Clerk of Dubuque, Iowa, for the
City of Dubuque 1986 Asphalt Paving
Project No. 2; and
WHEREAS, notice of hearing on
,f contract,
stlmated cost was published as re-
qulred by law.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans, specifica-
tions, form of contract and estimated
cost for said improvements for said
project.
Passed, adopted and approved this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Member Khieaner moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, gluesner, Krieg,
Mmming, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
Receipt of Bids for the construction of
the City of Dubuque 1986 Asphalt Pav-
ing Project No.2 AND Communication
of City Manager recommending to
award contract for the project to Tscbi~-
gfrie Excavating - 27.6% under
estimate, presented and read. Council
~Iember Kluesner moved that the pro-
of and communication be received and
filed. Seconded by Council Member
Krleg. Carried by the following vote:
272 .~ 273
Regular Session,
Yeas--Mayor Brady, Council
Members Dalch, Klueaner, Krleg,
Kronfeldt, Manning, Simon·
Nays--None·
AWARDING CONTRACT
RESOLUTION NO. 165-86
WHEREAS, sealed proposals have
been subn~itted by contractors for the
1986 Asphalt Paving Project No. 2 pur-
suant to Resolution No. 142-86 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 10th day of Ju-
ly, 1986.
WHEREAS, said sealed proposals
were opened and read on the 15th day
of July, 1986 and it has been determin-
ed that the bid of Tschiggfrie Ex-
cavating of Dubuque in the amount of
$54,105.00 was the lowest bid for the
furnishing of all labor and materials and
performing the work as provided for in
the plans and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above ira-
provement be awarded to Tschig~rie
Excavating and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon 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 tlie unsuccessful bidders.
Passed, approved and adopted this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
fo]lowing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt,~Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to grant Roadway Easement across
City-owned lots to Richard W. & Janet
C. Trees, presented and read. There were
July 21, 1986
no written objections received and no
oral objectors present at the time of the
Hearing. Council Member Kronfaldt
moved that the proof of publication be
received and filed. Seconded by Council
Member Simon. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None·
RESOLUTION NO. 166-86
WHEREAS. pursuant to Resalutian
and published notice of time and place
of hearing published in the Telegraph-
Herald, a newspaper of general circula-
tion, published in the City of Dubuque,
Iowa on July 11, 1986, the City Council
of the City of Dubuque, Iowa met on the
21st day of July, at 7:30 p.m. in the
Public Library Auditorium, llth and
Locust Street, Dubuque, Dubuque
County, Iowa, to consider the proposal
for the granting of a roadway easement
on the following described right-of-way:
Any and all parts of Lots 1 and 2 of
Rose Hill Addition to the City of Dubu-
que, iowa which lies east of the easterly
line of Lot 2 and Lot 2 of Lot 1 of
"Smith-Southern Ave Place" in the Cf-
ty of Dubuque, Iowa
such driveway easement as delineated
by the boundaries shown on the attach-
ed easement plat "Exhibit A" and con-
sidered a part hereof; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to the
granting of this driveway easement
across property owned by the City of
Dubuque, Iowa on the hereinabove
described real estate to Richard W. &
Janet C. Trees, their heirs, assignees,
successors in interest, said easement to
run with the land.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the granting of a road-
way easement across the above describ-
ed real estate owned by the City of
Dubuque be and the same is hereby ap-
proved for the sum of Two Hundred
Dollars ($200. O0) plus the cost of publica-
tion and documentation·
Section 2. That the Mayor be directed
and authorized to execute such granSng
of roadway easement agreement and the
274
Regular Session, July 21, 1986
City Clerk be and she is hereby directed
and authorized to delivery copies of ease-
ment on the above described real estate
to the above named party upon receipt
of payment of Two Hundred Dollars
($200.00) plus cost of publication and
documentation.
Section 3. That the City Clerk be and
she is hereby authorized and directed to
record the certified copy of this Resolu-
tion in the offices of the City Assessor,
Dubuque County Recorder and Dubu-
que County Treasurer·
Passed, approved and adopted this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution, as amended
(on easement), Seconded by Council
Member Simon. Carried by the fallow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
publisher, on Not~ce of Pubhc Hearing
to consider public input to the project
for construction and renovation ac-
tivities for the Keyline garage located
at 24th and Central, presented and read.
Council Member Deich moved that the
proof of publication be received and fil-
ed. Seconded by Council Member
Khiesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg, Man-
ning, Simon.
Nays--Council Member Kronfeldt.
Communication of City Manager sub-
mitting resolutions initiating the public
bidding process for construction of a
skywalk connecting tlie Iowa Street
parking Ramp from the Kresge Building
(Gallery Court Bldg·), presented and
read· Council Member Khiesner moved
that the communication be received and
filed. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Council Members Kluesner,
Krieg, Kronfeidt, Manning.
Nays--Mayor Brady, Council
Members Dalch, Simon.
PRELIMINARY APPROVAL OF
PLANS AND sPECIFICATIONS
RESOLUTION NO. 167-86
BE IT RESOLVED BY THE CITY
cOUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
proposed plans, specifica-
tions, form of contract and estimated
, for the Construction of a Skywalk
Connecting the Iowa Street parking
Ramp and Kresge Building. in the
estimated amount of $75,000, are hereby
approved and ordered filed in the office
r Clerk for public inspection.
Passed, adopted and approved this
~lst day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote:
Yeas--Council Members Khiesanr,
Krieg, Krunfeldt, Manning.
Nays--Mayor Brady, Council
Members Deich, Simon.
DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 168-86
wHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
fice of the City Clerk for public inspec-
tion of the Construction of a Skywalk
Connecting the Iowa Street parking
Ramp and Kresge Building.
NOW, THEREFORE, BE IT
REsoLVED that on the 18th day of
August, 1986 a public hearing will be
held at 7:30 p.m. in the Public Library
at which time interested
persons may appear and be heard for or
against the proposed plans and
specifications, form of contract and cost
of said improvement, and the City Clerk
be and is hereby directed to cause a
notice of time and place of such hearing
to be published in a newspaper having
general circulation in the City of Dubu-
que, Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the day fixed for its c~n-
sideration. At the hearing, any in-
terested person may appear and file ob-
jections to the proposed plans, specifica-
tions, contract, or estimated cost of the
275
Regular Session, July 21, 1986
improvement,
Passed, adopted and approved this
21st day of Jniy, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote:
Yeas--Council Members Kluesner
Krieg, Kronfe]dt, Manning.
Nays--Mayor Brady, Council
Members Deich, Simon.
ORDERING BIDS
RESOLUTION NO. 169-86
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Construction of a Skywalk
Connecting the Iowa Street Parking
Ramp and Kresge Building is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to aecom-
pany each bid shall be in an amount
which shall conform to the provisions of
the notice to bidders hereby approved
as a part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Dubu-
que, Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the receipt of said bids at
2:00 p.m. on the 12th day of August,
1986. Bids s~all be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:30 p.m. on the 18th day of August,
1986.
Passed, adopted and approved this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner ~oved
edop~ion of the Resolution. Secor/ded by
Council Member Krieg. Carried by the
following vote:
Yeas--Council Members Kluesner,
Krieg, Kronfaldt, Manning.
Nays--Mayor Brady, Council
Members Deich, Simon.
Communication of City Manager re-
questing a Public Hearing be held regar-
ding the change of ownership of twxi set-
vice in the City of Dubuque, presented
and read. Council Member Kronfaldt
moved that the communication be
received and filed and Hearing set for
August 4, 1986 at 7:30 p.m. in the Public
Library Auditorium. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Petition of Tom Jones requesting to
address the Council to express apprecia-
tion to the Council and Staff for
hospitality received during his two year
visit to the City, presented and read. Mr.
Jones spoke, expressing appreciation for
consent to visit the City departments.
Council Member Manning moved that
the petition be received and filed.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council Memm-
bers Deich, Kluesner, Ktieg, Kronfeldt,
Manning, Simon.
Nays--None.
Communication of Linda Rcepsch re-
questing to address the Council and sub-
mitring a petition containing 86
signatures requesting relief be given to
residents of West 3rd Street regarding
use of heavy truck traffic for construc-
tion, presented and read. Linda Roepsch
stated that there is a problem with the
W. 3rd Water Tower leaking, due to
overfilling and also have been having
problems with truck traffic in the area.
Council Member Kronfaldt moved that
the communication be received and ill-
ed and referred to the City Manger for
response. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending denial of a petition filed
by David Hartig, Jr. et al, relative to
vacation of Township Road, "extension
of Southern Ave.", presented and read.
276
Regular Session, July 21, 1986
Mr. Hartig spoke to the matter.
Council Member Simon moved that
the communication be received and
ed and matter referred to Staff. Second-
ed by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Klueaner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 170-86
RESOLUTION DIRECTING SALE
OF $500,000
STREET IMPROVEMENT BONDS
WHEREAS, pursuant to notice as re-
qnired 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:
$500,000 STREET
IMPROVEMENT BONDS:
Bidder: Blunt, Ellis & Loewi of Dubu-
que, Iowa the terms of said bid being:
Net Interest Rate: 7.3358%
Net Interest Cost: $177,283.33
6% 1986 - 1988 incl., 6¼% 1989, 7%
1990 - 1991 incl., 7~/2% 1992 - 1993 incl.,
7.90% 1994 - 1995 incl.
NOW, THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L 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 in-
formation 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 notices 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 ra~ified and
approved.
passed and approved, this 21st day of
July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 171-86
RESOLUTION DIRECTING SALE
AND DELIVERY OF $350,000
URBAN RENEWAL TAX
INCREMENT REVENUE BONDS
WHEREAS, the City has arranged
for the sale of the following bonds to The
First National Bank of Dubuque, Iowa:
$350,000 URBAN RENEWAL TAX
INCREMENT REVENUE BONDS:
the terms of said bid being:
NIR: 7.50%
NIC: $204,815
Purchase Price: $350,000
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the form of contract
for the sale of said bonds is hereby ap-
proved and the Mayor and Clerk .are,~
of the City.
Section 2. That the notices of the sale
~ the bonds heretofore given and all acts
~ the Clerk done in furtherance of the
said bonds are hereby ratified and
approved.
passed and approved, this 21st day of
July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
ion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayur Brady, Council
Members Deich, Kluesner, Krieg,
Kcenfeldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
questing additional direction on the in-
st allacion of proposed traffic signals at
in~ersectlon of Highway 611151 and
Greyhound park Road, presented and
read. Council Member Manning moved
that the communication be received and
flied and deny installation of traffic
signal at this intersection and refer to
the City Staff and ask DOT response to
277
Regular Session, July 21, 1986
dividers (left hand turn prohibited) and
look at Stop Sign at intersection of
private road. Seconded by Council
Member Deich. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
questing approval of Resolution which
protects Zephyr Aluminum Products,
Inc. from the current judgement against
the City, presented and read. Council
Member Manning moved that the com-
munication be received and filed
Seconded by Council Member Krieg.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klansner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 172-86
WHEREAS, by Resolution No.
109-86, this council resolved to convey
real property legally described as:
Lot 2 of Mt. Carmel Subdivision in the
City of Dubuque, Iowa, according to the
respective recorded plats thereof,
to Zephyr Aluminum Products, Inc.,
for consideration and subject to condi-
tions as stated within said Resolution;
and
WHEREAS, record title to the above-
described property is clouded by one cer-
tain judgement, entered in favor of Sal-
ly L. Spechtenhauser, et al., as Plantiffs,
against the City of Dubuque, Iowa, as
Defendant, Law No. 44419, in the Iowa
District Court, in and for Dubuque
County, in the amount of $38,304.00
with interest at the rate of 10% per an-
hum from November 9, 1983, and costs
of the action, which judgement is pen-
ding appeal to the Supreme Court of the
State of Iowa; and
WHEREAS, the holders of said judg-
ment have refused to release the above-
described property from the lien of such
judgment; and
WHEREAS, Zephyr Aluminum Pro-
ducts, Inc., as an accommodation t6-tbe
City, has agreed to accept title subject
to such judgment lien, provided the Ci-
ty agrees to protect Zephyr Aluminum
Products, Inc., as hereinafter stated; and
NOW, THEREFORE, BE IT
RESOLVED:
Section 1. Upon payment by Zephyr
Aluminum Products, Inc. of the pu~
chase price for the above-descrlbed pro-
perry and conveyance of the above-
described real property to Zephyr
Aluminum Products, Inc., pursuant to
Resolution 1Vo. 109-86, described above,
the City of Dubuque shall, in considera-
tion of Zephyr's payment and in further
consideration of Zephyr's accommoda-
tion as to title to the property to be con-
veyed, protect, defend, indemnify and
hold harmless Zephyr Aluminum Pro-
ducts, Inc., from all loss, claim, demand,
necessary expense, lien or encumbrance
upon title to real property of or pertain-
lng to one certain judgment entered in
favor of Sally L. Speehtenhauser, et al.,
Plontiffs, and against the City of Dubu-
que, Iowa, Defendant in Law No. 44419,
in the Iowa District Court, in and for
Dubuque County, Iowa, and the City of
Dubuque, as soon as praeticably may be
done, shall satisfy or remove such cloud
of title of title or lien as may result from
such judgment as to the abovewlescribed
real property, provided, however, that
nothing herein contained shah require
satisfaction of the judgment or lien un-
ti~ if ever, such judgment becomes final
as against the City of Dubuque.
Passed, approved and adopted this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfoldt, Manning, Simon.
Nays--None.
Communication of Council Member
Krieg submitting update on Local Op-
tion Tax Campaign and requesting af-
firmation of Council's support before
campaign is publicly launched,
)resented and read. Council Member
Simon moved that the communication
be received aud filed and affirm our sup-
~ort of effort to pass Sales Tax and sup-
~ort to Council Member Krieg during
campaign and assist where possible.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
278
Regular Session, July 21, 1986
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--None.
An ORDINANCE Amending Appen-
dix A of the Code of Ordinances by
reclassifying property located east of
Harrison St., south of Dodge St. and
west of Soo Line RR right of way from
HI Heavy Industrial District to LI
Light Industrial District, said Or-
dinance having been presented and read
at the Council Meeting of 7-7-86,
presented for further action. Council
Member Simon moved that this reading
be considered the second reading of the
Ordinance. Seconded by Council
Member Deich. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Simon.
Nays--Council Members Kronfeldt,
Manning.
ORDINANCE NO. 50-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE C1-
TY OF DUBUQUE BY REPEALING
SECTION 91/2-21, MOORING OF
BOATHOUSES AND ENACTING A
NEW SECTION IN LIEU THEREOF,
MOORING OF BOATHOUSES AND
FLOATS, said Ordinance having been
given first reading on July 7, 1985,
presented and read.
Council Member Manning moved that
the requirement that a proposed Or-
dinance be considered and voted on Ior
passage at two council meetings prior to
the meeting at which it is to be finally
adopted be suspended and further mov-
ed final adoption of the Ordinance.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 50-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE BY REPEAL-
ING SECTION 9¥2-21, MOORING OF
BOATHOUSES AND ENACTING A
NEW sECTION IN LIEU
THEREOF, MOORING OF BOAT-
HOUSES AND FLOATS
NOW, THEREFORE. BE IT
ORDAINED BY THE CITY COIJN-
CIL of the City of Dubuque, Iowa:
Section 1. That the Code of Ordl-
nances of the City of Dubuque, Iowa
be amended by repealing Secflon 9x/z-
21 nd enacting a new Section
91/z-21 in lieu thereof as follows:
"Sec. 9Vi-21. Mooring of Boathouses
and Floats Restricted
(a) On and after the effective date
of this Ordinance no new boathouses
or floats shall be moored along the
waterfront of the City nor shall any
boathouses or floats be relocated
to the waterfront.
(b) Boathouses and floats now
located along the waterfront of the
City shall be permitted to remain but
only such general maintenance and
repairs shall be permitted thereto as
to keep the boathouses in the condi~
tions as set forth in Section 9V~-22.
(c) Transfer of ownerships of boat~
houses and floats owned and located
along the waterfront shall be prohi-
bited.''
Section 2. That this Ordinance
become effective upon publication.
PASSED, APPROVED AND
ADOPTED this 21st day of July,
1986. James E. Brady, Mayor
Mary A. Davis, City Clerk
Published officially in the Teleg~'aph
Herald newspaper this 28th day of
July, 1986. Mary A. Davis
City Clerk
It 7/28
ORDINANCE NO. 51-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
REPEALING THE FIRST UN-
NUMBERED PARAGRAPH OF SEC-
TION 2-180 AND ALL OF SECTION
2-183 THEREOF AND ENACTING A
NEW FIRST UNNUMBERED
OF SECTION 2-180
AND ALL OF SECTION 2-183 IN
LIEU THEREOF PROVIDING FOR
CIVIL SERVICE COMMISSIONERS
AND THE ELECTION OF A
CHAIRPERSON OF A CIVIL SER-
VICE COMMISSION, said Ordinance
having been given llrst reading on July
7, 1986, presented and read.
Council Member Manning moved that
the requirement that a proposed Or-
dinance be considered and voted on for
passasge at two council meetings prior
to the meeting at which it is to be final-
ly adopted be suspended and further ey-
ed final adoption of the Ordinance.
279
Regular Session July 21, 1986
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 51-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING THE FIRST UNNUM-
BERED PARAGRAPH OF SEC-
TION 2-180 AND ALL OF SECTION
2-183 THEREOF AND ENACTING
A NEW FIRST UNNUMBERED
PARAGRAPH OF SECTION 2-180
AND ALL OF SECTION 2-183 IN
LIEU THEREOF PROVIDING FOR
CIVIL SERVICE COMMISSION-
ERS AND THE ELECTION OF A
CHAIRPERSON OF A CIVIL SER-
VICE COMMISSION
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of tt~e City of Dubuque, Iowa
be amended by repealing the first
unnmnbered paragraph of Section 2-
180 and ali of Section 2-183 thereof
and by e2mcting a new first unnum-
bered pm'agraph of Section 2-180 and
all of Section 2-183 in lieu tbereof as
follows:
"Sec. 2-180. Qualifications - gen-
Civil Service Commissioners must be
citizens of Iowa, eligible electors as
defined in Chapter 39 of the Code of
Iowa, and residents of the city pre-
ceding their appointment, and shall
not hold or be a candidate for any
office of public trust. The Hmnan
Rights Director shall ex-officio be a
member, without vote, of the Civil
Service Commission."
'~Sec. 2-183. Chairperson; clerk.
The Civil Service Commission shall
elect a chairperson fi'om among its
members and the City Cle2'k shall be
the clerk of the commission.''~''~
Passed, approved and adopted this
21st day of July, 1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 281h day of
July, 1986.
Mary A. Davis
City Clerk
It 7/28
ORDINANCE NO. 52-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANNCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING THE FIRST UN-
NUMBERED PARAGRAPH OF SEC-
TION 5-23, ALL OF SECTION 5-33.
SUBSECTION (2) OF SECTION 5-36
AND ALL OF SECTION 5-39
THEREOF AND ENACTING A NEW
SECOND UNNUMBERED
PARAGRAPH TO SECTION 5-4, A
FIRST UNNUMBERED
PARAGRAPH TO SECTION 5-23, ALL
OF SECTION 5-33, SUBSECTION (2)
OF SECTION 5-36 AND ALL OF SEC-
TION 5-39 IN LIEU THEREOF PRO-
VIDING FOR SUNDAY SALE OF
ALCOHOLIC BEVERAGES AND
IDENTIFYING THE IOWA
ALCOHOLIC BEVERAGE CONTROL
ACT IN LIEU OF THE IOWA BEER
AND LIQUOR CONTROL ACT, said
Ordinance having been given first
reading on July 7, 1986, presented and
read.
Council Member Manning moved that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 52-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING THE FIRST UNNUM-
BERED PARAGRAPH OF SEC-
TION 5-23, ALL OF SECTION 5-33,
SUBSECTION (2) OF SECTION 5-36
AND ALL OF SECTION 5-39
THEREOF AND ENACTING A
NEW SECOND UNNUMBERED
PARAGRAPH TO SECTION 5-4, A
FIRST UNNUMBERED PARA-
GRAPH TO SECTION 5-23, ALI, OF
SECTION 5-33, SUBSECTION (2)
OF SECTION 5-36 AND ALL OF
SECTION 5-39 IN LIEU THEREOF
PROVIDING FOR SUNDAY SALE
OF ALCOHOLIC BEVERAGES AND
IDENTIFYING THE IOWA ALCO-
HOLIC BEVERAGE CONTROL
ACT IN LIEU OF THE IOWA BEER
280
Regular Session, JUly 21, 1986 ~
AND LIQUOR CONTROL ACT (3) months of the period for which the
NOW THERE~ORE' BE IT license or pernfft was issued, therefund
ORDAINED BY THE CITY cOUN- shall be three-lourtbe of the amount of
CIL OF TIlE CITY OF DUBUQUE, the fee; if surrendered more than three
but not more than six (6)
IOWA: after issuance, the refund shall
Section 1. That the Code of Ordi- amount of the fee; if
nances of the Cty of Dubuque, Iowa, surrendered ~nore than six (6) months,
be amended by repealing the first
unnmnbered paragraph of Sectkm 5- but not more than nine (9) months
23, all of Section 5-33, Subsectlim (2) after issuance, the refund shall be one-
of Section 5-36 and all of Section 5-39 Iota'th of the amount of the fee. No
thereof and enacting a new second refund shall he made, however, for a
unnumbered paragraph to Section 5~4, 6qum' control license or beer permit
a first unnumbered paragraph to Sec~ surrendered more than nine (9) months
tion 5-23, all of Section 5-33, Subsec- after issuance. No refund shall be
tion (2) of Section 5~36 and all of made to any licensee or permittee upon
the surrender of his license or pertnit, if
Section 5-39 in lieu thereof as follows:
there is at the time of the surrender a
'~ Sec. 5.4LSunday ~ales.
liquor control license m' the holder of a
Class "B" beer permit nmy sell or dis-
pense alcohol, liquor, wine or beer to
patrons for consumption on the prcm-
ises between the hours of 10:00 a.m.
Sunday and midnight Sunday when
that Sunday is the day before New
Year s Day.
'tSec. 5-23. Application; bond.
A verified appficafion for the m'ig-
inal issuance or the renewal of a liquor
control license, wine permit or beer
permit shall be filed at such tnne, in
such number of copies and in such
limn as the slate director of beer and
liquor control shall prescribe, on forms
nrescribed by him. The application
~hall be accompanied by the required
fee and bond and shall be filed with
the city council for approva! or disap~
proval. The hond to be submitted shall
be in a fomx prescribed by thc state
dh'ecto and in the following amounts
complaint filed with the department or
tbe City charging him with a violation
of 1his Chapter or any provision of the
Iowa Alcoholic Beverage Control Act.
If upon hem'ing any such complaint
the license or permit is not revoked or
suspended, then thc licensee or permit-
tee shall be eligible, upon surrender of
his license or permit, to receive a
refund as provided in this section; hut
if his license or pm.mit is revoked or
suspended upon tbe hearing, he shall
not be eligible for the refund of any
imrtion of h's licen~ or pernfit fe.e. ~q~
"Sec. 5-36. Suspension and revoca-
tion - generally; grounds. *
(2) Violation oI any of the provi-
sions oI the Iowa Alcobo6c Beverage
Control Act.
"Sec. 5-39. Effective revocation.
Any liquor control license or beer or
is rew)ked under lhe Iowa Alcoho6c
Beverage Control Act shall not there-
after be permitted to liold a bquor
in tiffs state Iora period oI two (2)
281
Regular Session, July 21, 1986
21st day of Ju y, 1986.
James E. Brady, Mayor
ORDINANCE NO. 53-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BE ENAC-
TING A NEW SUBSECTION (k) TO
SECTION 5-29 THEREOF SETTING
OUT LIQUOR LICENSE FEES FOR A
FOURTEEN DAY PERMIT, said Or-
dinance having been given first reading
Council Member Manning moved that
dinance be considered and voted on for
adopted be suspended and further mov-
ed final adoption of the Ordinance.
Seconded by Council Member Kronfeldt
Members Deich, Kluosnor, Krieg,
Kranfaldt, Manning, Simon.
Pa~ed, approved and adopted this
2lst day of July, 1986.
ATTEST: James E. Brady, Mayor
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 28th day of
duly, 1986.
Mary A. Davis
CiSy Clerk
I t 7/28
ORDINANCE NO. 54-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE Cl.
TY OF DUBUQUE, IOWA, BE
REPEALING THE DEFINITION OF
CHAUFFEUR IN SECTION 25-2
THEREOF AND ENACTING A NEW
DEFINITION OF CHAUFFEUR IN
SECTION 25-2 IN LIEU THEREOF,
said Ordinance having been given first
reading on July 7, 1986, presented and
read.
Council Member Manning moved that
the requirement that a proposed Or-
dinance be considered and voted on for
passage at two council meetings prior to
the meeting at which it is to be finally
adopted be suspended and further mov-
ed final adoption of the Ordinance.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 54-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING THE DEFINITION OF
CHAIIFFEUR IN SECTION 25-2
THEREOF AND ENACTING A
NEW DEFINITION OF CHAUF-
FEUR IN SECTION 25-2 IN LIEU
THEREOF
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing the definition
of chauffeur in Section 25-2 thereof
and enacting a new definition of
chauffeur in Section 25 2 in lieu
thereof as follows:
"Sec. 25-2 Definitions.
operates a motor vehicle, including a
school bus, in the transportation of
Regular Session, July 21, 1986
hire, or a person who operates a truck
truck which is requ red to be registered
at a gross weight classification exceed-
ing five (5) tons, or any such motor
vehicle exempt from registration wlfich
would be within the gross weight cla~-
sificafion if not so exempt. A person ~s
not a chauffeur when the operation of
the motor vehicle, other than a truck
tractor, by the owner or operator is
occasional and me~.ely incidental to the
owner s or operator s principal busi-
A person is not a chauffeur when the
operation is by a volunteer fire fighter
operating fire apparatus, or is by a vol-
attendant operating ambulance or res-
cue squad apparatus. If a volunteer
fire fighter or ambulance or rescue
squad operator receives nominal com-
pensation not based upon the value of
the services performed, the fire fighter
or operator shall be considered to be
receiving no compensation and classi-
fied as a volunteer.
Subject to Section 321.179 of the
Iowa Code, a fum~er or the farmer's
hired help is not a chauffeur when
operating a truck, other than a truck
tractor, owned by the farmer, and used
exclusively in connection with the
transportation of the farmer's own pro-
ducts or property.'
pas.~ed, approved and adopted this
21st day of July, 1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
July, 1986. Mary A. Davis
City Clerk
It 7/29
ORDINANCE NO. 55-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE Cf-
TY OF DUBUQUE, IOWA, BY ENAC-
TING SECTION 27-115 THEREOF
PROVIDING FOR MAUS PARK, said
Ordinance having been given first
reading on July 7, 1986, presented and
Council Member Mannh~g moved that
the requirement that a proposed Or-
dinance be considered and voted on for
passage at two council meetings prior to
the meeting at which it is to be finally
adopted be suspended and further mov-
ed final adoption of the Ordinance.
Seconded by Council Member Kranfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 55-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ENACTING sECTION 27-115
THEREOF PROVIDING FOR
MAUS PARK.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by enacting Section 27-
115 thereof as follows:
Sec. 27-115. Maus Park.
The following described area is and
be continued to be known, called
! named as "Mans Park" and placed
under the jurisdiction of the park and
Recreation Commission.
"Lot No. I of Mount Carmel Subdi-
vision and that part of Mans Lake
pending area located easterly of Lot
of Mount Cannel Subdivision and
Huff Street and southerly of Lot 1 of
Mount Carmel Subdivision and Huff
Street up to the right-of-way of the
Illinois Central Raih'oad."
Passed, approved and adopted this
21st day of July, 1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officlafiy in the Telegraph
Herald newspaper this 29th day of
July, 1986.
Mary A. Davis
City Clerk
It 7/29
ORDINANCE NO. 56-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
REPEALING SECTION 17-37 (d)
THEREOF AND ENACTING A NEW
SECTION 17-37 (d) IN LIEU
THEREOF PROVIDING FOR THE
ASSESSMENT OF DELINQUENT
GARBAGE ACCOUNTS, said Or-
dinance having been given first reading
on July 7, 1986, presented and read.
Council Member Manr~lg moved that
the requirement that a proposed Or-
dinance be considered and voted on for
passage at two council meetings prior to
the meeting at which it is to be finally
adopted be suspended and further mov-
ed final adoption of the Ordinance.
Seconded by Council Member Kronfeldt.
282 283
Regular Session, July 21, 1986
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kranfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 56-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 17-37(d)
THEREOF AND ENACTING A
NEW SECTION 17-37(d) IN LIEU
THEREO~ PROVIDING FOR TIlE
ASSESSMENT OF DELINQUENT
GARBAGE ACCOUNTS
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi~
nances of the City of Dubuque, Iowa
be amended by repealing Secion 17-
37(d) thereof and enacting a new Sec-
tion 17-37(d) in lieu thereof as fol-
lows:
~Sec. 17-,37. Billin,g and collection. *
(d)The City Clerk shall certify, as
of December 3Ist of each year to the
Dubuque County Treasurer for col-
lection with and in the same manner
as property taxes and to establish the
real property hens, all charges which
are delinquent."
Passed, approved and adopted this
21st day of July, 1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
July, 1986.
Mary A. Davis
City Clerk
It 7/29
ORDINANCE NO. 57-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
REPEALING SECTION 36-59
THEREOF AND ENACTING A NEW
SECTION 36-59 IN LIEU THEREOF
PROVIDING FOR THE ASSESS-
MENT OF DELINQUENT SANITARY
SEWER ACCOUNTS, said Ordinance
have been given first reading on July 7,
1986, presented and read.
Council Member Manning moved that
the requirement that a proposed Or-
dinance be considered and voted on for
passage at two council meetings prior to
the meeting at which it is to be finally
adopted by suspended and further mov-
~option of the Ordinance.
Seconded by Council Member Kronfeldt.
Carried by the fullowing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 57-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 36-59
THEREOF AND ENACTING A
NEW SECTION 36-59 IN LIEU
THEREOF PROVIDING FOR THE
ASSESSMENT OF DELINQUENT
SANITARY SEWER ACCOUNTS.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nantes of the City of Dubuque, Iowa,
be amended by repealing Section 36-
59 thereof and enacting a new Section
36-59 in lieu thereof as follows:
"Sec. 36-59. Lien for failure to pay.
The City shall have a lien upon the
real property served by the sanitary
systam for all delinquent rates and
charges. Bills for sewage charges shall
be delinquent when the same are
unpaid for a period of fifteen (15) days
following the due date, and if not paid,
a penalty of five (5) percent shall be
added to the sewage rental bill but
such penalty shall not be less than
fifty cents (.50).
The City Clerk shall certify, as of
December 31st of each year to the
Dubuque County Treasurer for collec-
tion with and in the same manner as
property taxes and to'establish the real
property liens, all charges which are
delinquent."
Passed, approved and adopted this
2ist day of July, 1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
July, 1986.
Mary A. Davis
City Clerk
It 7/29
ORDINANCE NO. 58-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY ENAC-
TING A NEW SECTION 36-165
THERETO PROVIDING FOR THE
ASSESSMENT OF DELINQUENT
284
Regular Session, July 21, 1986
WATER SERVICE CHARGES, said
Ordinance having been given first
reading on July 7, 1986, presented and
read.
Council Member Manning moved that
this be considered the first reading of the
Ordinance and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
July, 1986. Mary A. Davis
City Clerk
It 7/29
& COMMISSIONS:
TRANSIT BOARD OF TRUSTEES
- Council Member Kronfeldt moved that
Genevieve Heathcote be reappointed to
the Transit Board of Trustees for a three
year terms which will expire July 29,
1989. Seconded by Council Member
M amaing. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ELECTRICAL EXAMINING
BOARD - Council Member Kronfaldt
moved that John C. Deeens be ap-
NCE NO 58 86 pointed to the Electrical Examining
ORDINA .' -
AN ORDINANCE AMENDING THE Board for a three year term which will
CODE OF ORDINANCES OF THE e×plre July12,1989. Seconded by C°un'
CITY OF DUBUQUE, IOWA, BY cil Member Manning. Carried by the
ENACTING A NEW SECTION 36-
165 THERETO pROVIDING FOR
THE ASSESSMENT OF DELIN-
QUENT WATER sERVICE
CHARGES
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by enacting a new Sec-
tion 36-165 thereto as follows:
"Sec. 36-165, Lien for failure to
pay.
The City shall have a lien upon the
real property served by the water sys-
tem for all delinquent rates and
charges. Bills for water charges shall
be delinquent when the same are
unpaid for a period of fifteen (15) days
following the due date, and if not paid,
a penalty of five (5) percent shall be
added to the water but such penalty
shall not be less than 'ifty cents
($0.50).
The City Clerk shall certify, as of
December 31st of each ycar to thc
Dubuque County q¥casurer Ior collec-
tion with and in the same manner as
property taxes and to establish the real
property liens, all charges which are
dchnque ·
passed, approved and adopted this
21st day of July, 1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None-
ELECTRICAL BOARD OF AP-
PEALS - Council Member Kronfeldt
moved that Walter H. Johnson be ap-
pointed to the Electrical Board of
peals for a three year term which will ex-
pire July 12, 1989. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
BUSINESS LICENSES
TRANSFER ' Dubuque Jaycees re-
questing to transfer their Beer Permit
to Eagle Point park on July 29th for
Dubuque Legislative Days and to Town
Clock plaza on July 26, 1986, presented
and read. Council Member Deich mov-
ed that the transfer be approved.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krleg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 173-86
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that
the following having complied with the
285
Regular Session, July 21, 1986
provisions of law relating to the sale of
Cigarettes witMn the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
Mary L Turner 600 Central Ave.
Park Square
Passed, adopted and approved this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 174-86
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rele-
vant thereto and they have filed proper
bonds;
NOW, THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appli-
cant(s) a Liquor License.
CLASS "E' (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
WCE Restaurants, Inc. 3100 Dodge St.
lto£fman House Restaurant (Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Ethel Schwartz 574 E. 16th St.
Airport Inn (Also Sunday Sales)
Passed, adopted and approved this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bors Daich, Kluesner, Krieg, Kronfeldt,
Manning, Simon. Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 7-1, Civil Service Comm. of
6-25, Dock Comm. of 7-1, Historic
Preservation Comm. of 7-1, Housing
Comm. of 6-24, Public Library of 6-17,
Planning and Zoning Comm. of 6-27 &
7-2, presented and read. Council Member
Manning moved that the minutes be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Solicitor Blum
recommending settlement for false in-
cidents, in the amounts of $1500 to
Cathy L. Rogers, presented and read.
Council Member Manning moved that
the communication be received and fil-
ed and settlement approved with
Finance Director to issue the proper
check. Seconded by Council Member
Kluesner. Carried by the following vote:
] Yeas--Mayor Brady, Council
[ Members Delch, Kluesner, Krieg,
! Kronfeldt, Manning, Simon.
Nays--None.
Communications of Corporation
Counsel recommending denial and
closures of Sewer Problems claim of
Stacey & Marlene Larson; Property
damage claim of Marina E. Hess; Pro-
perty damage claim of Colleen Rupert
and Personal injury claim of Vivian
Steele, presented and read. Council
Member Manning moved that the com-
munications be received and filed and
approved the denials. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Philip & Rose Ann Breithach,
in amount of $3129.86 for backed-up
sewer damages; Robert Kluga, Sr., in
amount of $220.81 for property
damages; Edgar & Virginia Massey in
estimated amount of $1196 for water
damages; Jolene Rahe in amount of
$69.65 for car damages; Shawn Smith
and C. Patrick & Donna Smith vs. City
Regular Session, July 21, 1986
of Dubuque et al in the amount of
$40,000 for personal injuries, presented
and read. Council Member Manning
moved that the claims and suits be refer
red to the Legal Staff for investigation
and report Seconded by Council
Member Kinesnar. Carried by the follow
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfeldt, Manning, Simon. Nays--None.
Proof of publication, certified to by the
publisher, on Notice of Finding of No
Significant Effect on the Environment
for Coular Valley Redevelopment Pro-
ject ~o be undertaken ,u~td~e r Title I of the
Housing and Commum Y
Act of 1974, as
read.
Council Member Manelng moved that
the proof of publication be received and
filed. Seconded by Council Member
Kluesnar. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None-
· "-n of City Manager r~-
questing to file with HUD a request for
release of COmmunity Development
Block Grant Funds for the Couler Valley
Redevelopment Project, presented and
read. Council Mombe. r aMb~r~e~v~
that the communication
filed. Seconded by Council Member
Kluesuar. Carried by the followlng vote:
Yeas--Mayor Brady, Council
Members Delch, Kineaner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 175-86
RESOLUTION AUTHORIZING
SUABMiSSION OF A REQUEST FOR A
RELEASE OF FENDS FOR THE
CouLER VALLEY REDEVELOP'
MENT PROJECT.
WHEREAS, the City of Dubuque,
Iowa in conformance with the En-
viranmant al Review Procedures for the
CommunitY Development Block Grant
Pro amcanvaned an Ad H°c C°mmit'
~. ~gr~.lulV 2, 1986 which complete~.,an
wiang identified project:
Coular Valley Redevelopment project
WHEREAS, pursuant to Resolution
No. 151-86, adopted July 7, 1996, public
~ of a ,'Finding of No Significant
t on the Environment" for the
project was published JulY 8,
1986 in the Dubuque Telegraph Herald,
a newspaper of general circulation and
provided for a public comment period
until 12:00 Noon on Monday, July 21,
1986; and . ,, in.
wHEREAS, public notice af a F
regular mail to
local public agencies and to local news
be interested and bellevea re oe ~
proprlate to receive such a public notice;
an~dvHEREAS, any and all objections,
if any, to such proposal have been duly
considered; and
WHEREAS, it is the intent of the Ci-
ty Council to authorize the submission
of a request to the U.S. Department of
Housing and Urban Development for
the release of innds to carry out the
above-idantiBed project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY cOUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Environmental
RevieW Record for the project shall con-
tinue to remain on file in the Office of
the City Clerk where said record may be
examined and copied by any interested
party.
Section 2. That the Mayor of the Ci-
ty of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
merit of Housing and Urban Develop'
ment, a request for release of funds to
undertake the said project.
Section 3. That the Mayor of the Ci-
ty of DubuqUe is hereby authorized to
consent to assume the status o fa respon,
sible federal official under the National
Environmental protection Act, insofar
as the provisions of the said Act apply
to the U.S. Department of Housing and
Urban Development responsibilities for
Section 4. That the Mayor of the Cb
ty of Dubuque is hereby authorized to.
mt -ersonally, in his official eapac~
ty and on behalf of the City of Dubuque,
to accept the jurisdiction of the Federal
Courts if an action is brought to enforce
responsibilities in relation to en-
vironmental reviewS, decision-making
287
286 ;
Regular Session, July 21, 1986
and action.
Section 5. That the Mayor of the
ty of Dubuque be and he is hereby
authorized and directed ~o execute a ee~
tification pertaining to the environmen-
tal review procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed to
publish a public notice for a Request for
Release of Funds in the form of Public
Notice attached hereto and made apart
thereof.
Passed, approved and adopted this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kronfaldt, Manning, Simon.
Nays--None.
Conununication of City Manager clari-
lying Planning and Zoning Commis.
aion's action on Arbor Oaks Plat,
presented and read. Council Member
Manning moved that the communica~
tlon be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending acceptance for censtruc-
lion contract for the softball complex
facilities building, presented and read.
Council Member Manning,moved that
the communication be received and fil-
ed. Seconded by Council Member
Klueener. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 176-86
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island
Ballpark Complex Facilities Building
has been completed and the City
Manager has examined the work and Ill-
ed his certificate stating that the same
has been completed according to the
terms of the contract, plans and
specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recem-
mendatinn of the City Manager be
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and beis hereby
directed to pay to the contractor from
the CIP levy and private funding in
amount equal to the amount of his con-
tract, less any retained percentage pro-
vided for therein.
Passed, adopted and approved this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
FINAL ESTIMATE
RESOLUTIOI~ NO. 177-86
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island
Ballpark Complex Facilities Building
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
eluding the cost of estimates, notices
and inspection and an miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said
provement is hereby determined to be
$158,92Z00 and that said amount shall
be paid fromm the CIP levy and private
funding of the City of Dubuque, Iowa.
Passed, approved and adopted, this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
288
Regular Session, 3uly 21, 1986
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Klueener. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending acceptance of the can*
structinn contract for the paving of the
Northwest Arterial from Pennsylvania
Ave. to Asbury Road, presented and
read.
Council Member Manning moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deinh, Kluasnar, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 178-86
WHEREAS, the contract for the Nor-
thwest Arterial from Pennsylvania
Avenue to Asbury Road, P.C.C. Paving
and Street Lighting has been completed
and the City Manager has examined the
work and filed his certificate stating
that the same has been completed ac, cer-
ding to the terms of the contract, plans
and specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recem-
mendation of the City Manager be ap-
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Street Construction Fund in amount
equal to the amount of his contract, less
any retained percentage provlded for
theraln.
Passed, adopted and approved this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kinesner. Carried by
following vote:
Yeas--Mayor Brady, Council
Deich, Klueaner, Krieg,
Manning, Simon.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 179-86
WHEREAS, the contract for the Nor
thwest Arterial from Pennsylvania
Avenue to Asbury Road, P.C.C. Paving
and Street Lightin~ has been completed
Engineer has submitted his
stimate showing the cost thereoI
ncluding the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That tke cost of sa~d
is hereby determined to be
15 and that said amount shall
be paid from the Street Construction
Fund of the City of Dubuque,
Passed, approved and adopted, this
21st day of July, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Manning, Simon.
Nays--None.
Communication of the City Manager
submitting financial reports for the
month of June, 1986, presented and
read. Council Member Manning moved
that the commun[catlon and reports be
· eceived and filed. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Deich, Kluesner, Krieg,
I~ronfeldt, Manning, Simon.
Nays--None-
Communication of the City Manager,
on behalf of the Legislative Days Com-
mittee, requesting to conduct a
Fireworks Display on July 28th on
Volunteer Drive, presented and read.
Council Member Manning moved that
289
Regular Session July 21, 1986
the communication be received and ill-
ed and request approved with referral to
the City Manager for proper implemen-
tation. Seconded by Council Member
Kluesner. Carried by the fo[lowing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
There being no further business, Coun-
cil Member Manning moved to adjourn.
Seconded by Council Member Deich.
Carried by the fallowing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Meeting adjourned - 10:09 p.m.
Mary A. Davis
City Clerk
Approved__ 1986
Adopted __ 1986
Mayor
Council Members
ATTEST:
City Clerk
290
Regular Session, August 4, 1986
Leibold, Greg Matthew and Mark
Quade supported the present Heavy In-
dustrial zoning. Pete Sfikas, Eleanor
Batoman and A1 Polseau, Pat O'Neill,
Regular Session, August 4, 1986.
Council met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon, City
Mo~aager W. Kenneth Gearhart, Car-
poratinn Counsel Barry A. Lindahl.
Mayor Brady read the call and stated
that service thereof had been duly made
and this Meeting is the REGULAR
SESSION of the City Council called for
the purpose to act upon such business
which may come before the Council.
The INVOCATION was given by
Rev. John Middents, Interim Pastor of
the First Baptist Church.
PROCLAMATIONS: Week of
August 11th as "Mentally Handicapped
Health Week" received by Joe Oldham;
Week of August 4th to 10th as "Dubu-
que County Fair Week" received by the
Dubuque County 4-H King and Queen;
August 15th thru October 31st as
"United Way Campaign Time" receiv-
ed by Bob Heacock; Week of August 9th
through 17th as "Mississippi River
Revival Week" received by Michael
Breitbach.
Council Member Simon moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to realassify properties located east of
Harrison St., south of Dodge St. and
west of the Soo Line RR Right of Way
from HI Heavy Industrial District to LI
Light Industrial District, presented and
read.
Marc Olson, Rev. Wm. Dix, James
Kennedy, Phil MacNider, Frank Ferris
addressed Council as being against zon-
ing as proposed from Heavy Industrial
to Light Industrial. Robert Bertsch,
philip Mihalakis and Dubuque County
Conservation Society requested Council
leave zoning as Heaw Industrial. Bwan
Mihalakis submitted a petition contain-
ing approx. 2200 signatures opposing
rezoning of the Celotex property. Tom
Ralph Cottreil, Robert palman, Richard
Richards, Al Kliberg, Francis Frommelt,
JoAnn Shaw, Elizabeth Mihalakis, Dan
Mihal, James Mitchell, Jack Miller all
supported current zoning and requested
to be left at Heavy Industrial. Council
Member Kronfeldt moved to cut off
public input with reservation for Coun-
cil to ask questions of parties in au-
dience. Seconded by Council Member
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Simon moved that
the proof of publication be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council
Vlembers Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Petition of M & S Leasing and owners
property, protesting zon-
ing reclassification of above property
from HI Heavy Industrial District to LI
Light Industrial District; petitions from
Vinletto Weber, Brother Felix Teja,
Coca-Cola Bottling Co., Target Stores,
Hodge Transit Warehouse, Art Pape
Transfer, Inc., Gregory Luerkens,
Harold & Wilma Helier, Automotive
Enterprises Co., Paul J. Uhlrich, Dave
Betcher, Gary & Bob Soppe, Jim Giese,
John Ward, John M. O'Conner, Marce
Olson, Wm. Brenmer, Robert Daykin,
Janet DeMaio, Mrs. Jeraldine Vernon,
Mary Wright, Hamel parking Lot Ser-
vice, Inc., Clifford Kryger, Miller Elec-
tric Supply Inc., W. H. Kranse, Eagle
Mfg. Co., Jill, John & Joy Rokusek,
Louise Halliburton. Robert Eichman;
objecting to proposed rezoning; Com-
munication of Robert Bertsch, Counsel
for M & S Leasing, filing their written
protest against the reclassification of
Celotex properties from Heavy In-
dustrial to Light Industrial District
classification; Petition of Linda pfaiffer
et al (25 signers) opposing proposed zon-
ing change of the Celotex and nearby
properties; Communication of the City
Manager sharing information pertain!ng
to Bryan Mihalokis issue; Commumca-
tion of Dennis White of the planning &
Zoning Commission, clarifying the zon-
291