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1985 April Council ProceedingsRegular Session, April l, 1985 230 CITY COUNCIL OFFICIAL Regular Session, April 1, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, l~uesner~ City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahi. Absent at Roil Call:--Council Member Kronfeldt Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the put- pose to act upon such business which may properly come before the Council. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich. Hamme] Kluesner, Manning. Nays--None. Absent--Councl] Member Kron- feldt. Council Member Kronfeldt entered the Chambers at 7:32 p.m. Proof of publication certified to by the Publisher, on Notice of Public Hearing on the proposal to discontinue the Community Development Com- mission, presented and read. Council Member Beurskens moved that the proof of publication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers BeurakenZ; Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitting outLine for the procedure to discontinue the Community Develop- ment Commission and requesting pro- per action be taken, presented and read. Council Member Beurskens moved that the communication be received and ill- ed and staff to proceed. Seconded by Council Member Manning. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. Proof of publication certified to by the Publisher, on Notice of Public Hear- lng for ~he purpose of considering the vacation and release of a Water Well Easement granted to the City relating to and affecting Lot 9, Block 1 of Riverm front Subdivision No. 5., presented and read. Council Member Beurskens mov- ed that the proof of publication be received and filed; Seconded by Council Member tfJuesner. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurakens, Deich, Hamme], Kluesner, Kronfeidt, Mann~ng. Nays--None. RESOLUTION NO. 90-85 RESOLTION AUTHORIZING 'VACATION AND RELEASE OF A 20' X 79' WATER WELL EASE- MENT TO THE CITY RELATING TO AND EFFECTING LOT 9, BLOCK 1 OF RIVERFRONT SUB- DIVISION #5 WHEREAS, pursuant to resolution and published notice of time and place of hearing, posted in the Telegraph Herald, a newspaper of general clreula- ~on, published on March 22, 1985 in the City of Dubuque, Iowa met on the 1st day of April, 1985 at 7:30 o'clock p.m. in the Public Library Auditorium to con- s~der the vacation and release of a 20' x 79' water well easement granted to the City relatnig to and affecting Lot 9, Block 1 of Riverfront Subdivision #5 in the City of Dubuque, Iowa, all shown on the plat filed May 2, 1974 as Instru- merit No. 3189-74 in the office of the Recorder of Dubuque County, Iowa; and WHEREAS. the City Council of the City of Dubuque, Iowa deems it in the Regular Session, April 1, 1985 231 282 best interest of the public that said release and vacation he granted and that said easement be abandoned to the proprietor. NOW, THEREFORE, BE IT SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the proposal to vacate and release a twenty foot wide by seventy.nine foot (20' x 79') long water well easement in the northeast corner of Lot 9, Block I of Riverfront Subdivision #5, as herein above setou~ and the abandonment of said easement be to the Klauer Manufacturing Com- pany and the same is hereby approved. Section 2. That the Mayor and C~ty Clerk be and they are hereby em- powered to execute any documents necessary to the releasing of said ease- rnent, including this resolution, and Mayor and City Clerk are hereby em- powered to certify this Resolution. Section 3. That the City Clerk be and she is hereby directed to file a certified copy of this resolution in the offices of the Dubuque County Recorder Auditor and Assessor. Passed, adopted and approved thi~ 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication certified to by the Publisher, on Notice of Public Hear- lng regarding disposing of certain pro- perry in Block 1, Riverfront Subdivi- ~on No. 5 to Klauer Manufacturing Company, presented and read. Council Member Beurskens moved that the proof of publication be received and fil- ed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sfib- mitring Resolution regarding the pro- posed disposition of City's interest in property located in Riverfront Subdivi- don No. 5 to Klauer Manufacturing Co., presented and read. Council Member Beurskens moved that the communication be received and fded. Seconded by Council Member Kron. feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 91-85 Resolution of Intention of Dispose of City Interest in Property in "River Front Subdivision No. 5", to Klauer Manufacturing Company WHEREAS, Klauer Manufacturing Company has acquired and owns Block 6, 7, 8 and 9 in "l~tver Front S~bdivi- sion No. 5", in the City of Dubuque, Iowa; and WHEREAS, Klauer Manufacturing Company has plans for relocating its manufacturing facilities from Ninth and Washington Street to this location as a result of relocation from the plan- ned 61 Expressway; and WHEREAS, Klauer Manufacturing Company is desirous of acquiring addi- tional property contiguous to Block 9 in order to fac'ditate the movement of goods to and from its new manufactur- ing facility; and WHEREAS, the City Council on March 18, 1985 by Resolution No. 81-85 set a public hearing on its intention to dispose of this property by the City to be held on April 1, 1985; and WHEREAS, revisions have been made in the proposed sales agreement in language and in the amount of the proposed sales price that necessitates revision of the Resolution and the set- ting of a new public hearing date for the dispositinn of the City's interest in the property. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 81-85 adopted by the City Council on March 18, 1985 for disposition of its interest in this piece of proper~ty is hereby rescinded. Secti°n 2. That the City of Dubuque, Iowa intends to dispose of its interest in a subdivision of Lot2 of the Sub. of lot 1 of lot 1 of lot 1, Block 1, "River Front Subdivision #5", in the City of Dubuque, Iowa by sale to Klauer Manufacturing Company (Purchaser) and that the following language shall be incorporated into the deed of sale: "The City of Dubuque, lowa reserves the perpetual and assignable rights of easement in and to the above described property for the purpose of entering thereon to maintain, repair or operate, patrol and replace existing flood con- trol levee, including all appurtenances thereto, and further including the right to clear, cut fill, remove and dispose of any and all timbers, trees, underbrush, buildings, improvements and other obstructions therefrom. All of the above shall be at the expense of the Ci- ty of Dubuque except the City of Dubuque shall have no responsibility to pay for the maintaining or replacing of any hard surface. The Purchaser or its assignee shall not construct or operate any structure or machinery, on, under or across said levee, nor shall it excavate or make any change in the levee or within the levee easement without prior determination by the ~S. Corp of Engineers and the City of Dubuque that such construction, alteration, or operation would not adversely affect the functioning of the protective facilities. The Purchaser or its assignee shall submit any requests and plans to the Corp and the City for approval prior to undertaking any such work." Section 3. That the Purchaser covenants and agrees not to cause or permit construction of any ira- provements or building upon the sub- ject area; provided the Purchaser, may grode, pave, seed or landscape said area and may erect, install maintain and repair a security fence along and within the boundary of subject area for the purpose of establishing a security perimeter around the industrial facilities and adjoining property. Pu~ chaser further agrees that any security Regular Session, April 1, 1985 fence erected within the area shall be provided with operable gates of not less than 12 feet opening (open width) and located so as to permit access in- eluding vehicular access to the area from both ends. It shall be the purpose of such case to provide the City of Dubuque, its agents or assignee, to have perpetual and unimpeded right to access to the subject area and to the flood protection levee. Plans for the erection of such security fence and for the location of gates shall be submitted for approval to the City of Dubuque prior to the installation of said fence. It is hereby acknowledged that the Pu~ chaser is permitted to install lockable devices on the gates on the condition that the City of Dubuque shall be pro- vided keys or other independent means of access to the easement arec~ Section 4. That all existing recorded easements shall remain in effect. Section 5. That the City of Dubuque covenants and agrees to have an propriate abstract of title to said pro- perry prepared from U.S. Government Entry to date of certification, and that such abstract shall show good and merchantable title to said property vested in the City of Dubuque, Iowo~ Section 6. That the City of Dubuque, Iowa proposes to dispose of its in- terest, with the reservations identified herein, for the consideration in pay~ ment by Purchaser of $8,901.59 plus cost of platting, abstracting, publica- tion and recording fees. Section 7. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under 364.7 - Disposal of Property - Code of Iowa, 1984 or as amended, Passed, adopted and approved this 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution with Public Hearing scheduled for April 15, 1985 at 7:30 p.m. in the Public Library Auditorium. Seconded by Council Member Kronfeldt. Carried by the following vote: Regular Session, April 1,1985 233 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending to set a Public Hearing ~/City's interest in property in "River- front Subdivision No. 5" to William C. Brown, Publishers, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammal, Kluesner, Manning. Nays--None. Abstain--Council Member Kronfeldt RESOLUTION NO. 9285 Resolution of Intention to Dispose ol City Interest in Property in "River Front Subdivision #5" in the City of Dubuque, Iowa WHEREAS, Wm. C. Brown Com- pany, Publishers is the main plant located at 2460 Kerper Boulevard, Dubuque, Iowa; and WHEREAS, Wm. C. Brown Com- pany, Publishers has constructed a s/zeable addition to the back of their plant off Kilgere Street; and WHEREAS, tiffs addition was a replacement for facilities located at Second and Iowa Streets, which facilities have been acquired by the Iowa Department of Transportation for the Relocated 61 project; and WHEREAS. Wm. C. Brown Com- pany, Publishers is desirous of acqnir- lag additional parking space on the cast side of Kllgere Street in order that they can develop long range development plans; and WHEREAS, this property is iden- tiffed as Lot 2 of Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1, Block 1, River Front Subdivision //5 in the City of Dubuque, Iowa: NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the Ci- ty of Dubuque, Iowa: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2 of Subdivision of Lot I of LOt I of Lot 1 of Lot 1, Block 1, River Front Subdivi. sion #5 in the City of Dubuque, Iowa by sale to Win. C. Brown Company, Publishers (Purchaser) and the follow- lng language shall be incorporated into the deed of sale: "The C~ty of Dubuque, Iowa reserves the perpetual and assignable right and easement in and to the above described property for the purpose of entering thereon to main~ tein, repair, or operate, patrol and replace existing flood control levee, in- eluding all appurtenances thereto, and further including the right to cleac, cu~ fil~ remove and dispose of any and all timbers, trees, underbrusl~ buildings, improvements and other obstructions therefrom. The Purchaser or its any structure or machinery on, under, or across said levee, nor shall it ex- cavato or make any change in the levee or within the levee easement without prior determination by the U.S. Corp of Engineers and the City of Dubuque that such construction, alteration, or opera- tion would not adversely affect the func- tioning of the protective facilities. The Purchaser or its a~signee shall submit any request and plans to the Corp and the City for approval prior to undertok. lng any such work." Section 2. That the Purchaser permit construction of any ira- provements or building upon the sub- ject area; provided the Purchaser may gnule, pave, seed or landscape said are~ and may erec~ instal& maintain and repair and replace a security fence along and within the boundary of subject area for the purpose of establishing a securi- ty perimeter around the industrial facilities and adjoining property. Pu~ chaser further agrees that any security fence erected within the area shall be provided with operable gates of not less than 12 feet opening (open width) and located so as to permit access including vehicular access to the area from both ends. It shall be the purpose of such gates to provide the City of Dubuque, its agents or assignee, to have perpetual and unimpeded right of access to the subject area and to the flood protection levee. Plans for the erection of such security fence and for the location of gates shall be submitted for approval to the City of Dubuque prior to the in. stallation of said fence. It is hereby 234 Regular Session, April 1, 1985 acknowledged that the purchaser is permitted to install lockable devices on the gates on tha condition that the City of Dubuque shall be provided keys or other independent means of ac- cess to the easement area. Section 3. That all existing recorded easements shall remain in effect. Section 4. That the City of Dubuque, Iowa will assign its interest in a lease agreement dated September 15, 1980 with Riverside Tracto~Trniler, Inc., an Iowa Corporation for that portion of property now leased to Riverside Tracto~Trailer which will be sold to Wm. C. Brown Company, Publishers. The area represented by the lease agreement to be sold to the Purchaser is 3515 square feet of the total lease area of 21,600 square feet or 16.27% of the total leased are~ A copy of the lease agreement with Riverside T~wto~ Traller, Inc. is attached hereto. Section 5. That the City of Dubuque covenants and agrees to have an ap- propriato abstract of title to said pro- perry prepared from U.S. Government Entry to date of certification and that such abstract of title shall show good and merchantable title to said property vested in the City of Duhaque, low~ Section 6. That the City of Dubuque, Iowa proposes to dispose of its in- terest, with the reservations identified herein, for the consideration in pay- ment by Purchaser of $16,232.85 plus cost of platting, abstracting, publloa- tion and recording fees. Section 7. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under 364.7 - Disposal of Property - Code of Iowa, 1984 or as amended. Passed, adopted and approved tiffs 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueaner moved ndoption of the Resolution and set Public Hearing for April 15, 1985 at 7:30 p.m. at the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib- ed by law. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Manning. Nays--None. Abetain--Council Member Kronfeidt. Commun/catlon of City Manager ad- vising Susan Baieamo has exercised her option for property located at vacated access to Eagle P~mt Bridge, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 19-85 An ORDINANCE Vacating a Portion of Rhomberg Avenue from the Nortbe~' ly Property Line of Lot 2 of Lot I of Boatyard Addition to the Northerly Terminus of Said Street, presented and read. Council Member Beurskens moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Kron- foldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens Deich Hammel, Kluesne~, Kronfeldt, Maninng. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfoldt, Manning. Nays--None. ORDINANCE NO. 19~5 AN ORDINANCE VACATING A PORTION OF RHOMBERG AVE- NUE FROM THE NORTHERLY PROPERTY LINE OF LOT 2 OF Regular Session, April 1, 1985 235 LOT 1 OF BOATYARD ADDITION TO THE NORTHERLY TER- MINUS OF SAID STREET WHEREAS, Susan M. Balsamo has requested the vacating of a portion of Rhomberg Avenue f~om the northerly property line of Lot 2 of Lot I of Boa- tyard Addition to the northerly ter- minus of said street in the City of Dubuque, Iowa; and WHEREAS, a plat has been pre- pared showing the vacated portion of Rhomberg Avenue and assigned a lot number thereto, which shall hereafter be known and described as Tollbridge Place in the City of Dubuque, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has dete~qnined that this portion of Rhomberg Avenue is no longer req~f~red for public use, and the vacting of said portion of Rhomberg Avenue in the City of Dubuque should be approved. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Dububuqe, Iowa: Section 1. That said real estate described as Tollbridge Place in the City of Dubuque, Iowa be and the same is hereby vacated, Section 2. That the conveyance of Tnilbridge Place to Susan M. Balsamo be and the same is hereby approved in accordance with the option agree- ment adopted by the City Council through Resolution No. 298-84 dated September 5, 1984. Section 3. That the City Clerk be and is hereby directed and authorized to deliver a Deed of Conveyance con- veying to the above named grantee upon receipt of purchase price in full. PASSED, APPROVED, AND ADOPTED this let day of April, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 5th day of April, 1985. Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kron- faldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Manning. Nays--None. RESOLUTION NO. 9385 Resolution Approving a Plat of a Vacated Portion of Rhomberg Avenue from the Northerly property line of Lot 2 of Lot 1 of Boatyard Add- ition to the Northerly Terminus of said Street WHEREAS, there has been )resented to the City Council of the Ci- ty of Dubuque, Iowa, a plat dated March 21, 1985 prepared by Wallace, Holland, Kastler, Schmitz and Com- pany covering a vacated portion of Rhomberg Avenue from the northerly property line of Lot 2 of Lot I of Boatyard Addition to the northerly ter- minus of said street; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Ci- ty of Dubuque, Iowa: Section 1. That the plat dated March 21, 1985, prepared by Wallace, Holland, Kastier, Schmitz and Company, cove~ lng the real estate hereinabove describ- ed, be and the same is hereby approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowc~ Passed, adopted and approved this 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk CounCil Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Rluesner, Kronfeldt, Manning. Nays--None. 236 Regular Session, April 1, 1985 RESOLUTION NO. 94-85 Resolution Approving the Exercising of an Option by Susan M. Balsamo to Vacated Portion of Roadway of PJaomberg Avenue Previously Used as Access to Eagle Point Bridge in Accordance with Option Agreement between Susan M. Balsamo and the City of Dubuque, Iowa WHEREAS, Susan M. Balsamo and the City of Dubuque entered into an option agreement which was accepted by the City Council on September 5, i984 and recorded in the office of Dubuque County Recorder on September 11, 1984 as Instrument No. 6830-84; and WHEREAS. Susan M. Balsamo has notified the City of Dubuque of her desire to exercise her option to the vacated portion of Rhomberg Avenue from the present end of pavement ad- joining lot 1 of lot 1 of lot 2 of Mineral Lot 305A to the northern terminus of the right-of-way of the former toll bridge; and WHEREAS, a plat has been prepared showing the vacated portion of Rhomberg Avenue, a lot number has been assigned thereto which shows hereinafter being known and described as Tollbridge Place in the Ci- ty of Dubuque, Iowa. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of in- terest of the City of Dubuque, Iowa in Tollbridge Place in the City of Dubu- que, Iowa according to recorded plats thereof, subject to easements of record, to Susan M. Balsamo is hereby approv- ed in accordance with the terms of the option agreement previously executed by the parties. Section 2. That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City Clerk be and she is directed and authorized to deliver deed of con- veyance, conveying the same describ- ed real estate to the above named grantee upon receipt of the purchase price in full. Passed, adopted and approved this 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None: Proof of publication certified to by the Publisher of Official Notice of Sale of $4.700,000 City of Dubuque General Obligation Bonds, presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays~None. April 1, 1985 The Honorable Mayor and City Councii City Hall 13th and Central Dubuque, Iowa 52001 Dear Council Members: Bids were r~ceived today covering $4,700,000 City of Dubuque, Iowa, General Obligation Bonds. There were 4 bids received which are listed at the bottom of this letter in accordance with the attached signed bids. Upon examination, it is our opinion that the bid of Harris Trust and Say- ings Bank and Associates is the best bid received and it is further our opi- dion that it is favorable to the City and should be accepted. We therefore recommend that the bonds be awarded to that bidder at a price of $4,653,232.50 plus accrued interest, be- Lag at a net interest rate of 8.9396%. Net Interest Rate Regular Session, April 1,1985 Respectfully submitted, SPEER FINANCIAL, INC. Richard A. Pavia President Council Member Klusener moved that the communicatinn be received and filed, made a matter of record and recommendation approved. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 95-85 Resolution to Approve the Action of the City Clerk in the Sale of $4,700,000 General Obligation Bonds WHEREAS, pursuant to notice as required by law, bids have been recelv- ed at public sale for the bonds described as follows and the best bid received was determined by the City Clerk and said bonds were awarded as follows: $4,700,000 GENERAL OBLIGATION BONDS Bidder: Harris Trust and Savings Bank and Associates of Chicago, Illinois the terms of suid bid being: Total Interest $4,166,037.50 Plus Discount 46,767.50 Net Interest Cost $4,212,805.00 Net Interest Rate 8.9396% NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds as above set out was determined by the City Clerk to be the best and most favorable bid received and~ said avtion by said City Clerk is hereby ratified and confirmed~ Section 2. That the statement of info~ 237 marion for bond bidders and the form of contract for the sale of said bonds are hereby approved and the May~r and Clerk are authorized to execute the same on behalf of the City. Sec$ion 3. That the notice of the sale of the bonds hereWfore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Passed, adopted and approved this 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Khiesner, Kcenfeldt, Manning. Nays--None. Conununication of City Manager questing authorization to subn~t a plarming assistance application to the Urban Ma~a Transportation Ad- ministration on behalf of ECIA, presented and read. Council Member Deich moved that the communication be received and flied. Seconded by Council Member Klueeaer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueeaer, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 96~5 Authorizing the Filing of an Applica- tion with the U.S. Department of Transportation WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation pr~- jecte; and WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- chiding the provisions by it of the local share of project costs; and WHEREAS, it is reqnired by the 238 Regular Session, April 1, 1985 U.S. Department of Transportation in accord with the provisions of Title IV of the Civil Rights Act of 1964, that in connection with the filing of an ap- plication for assistance under the Ur- ban Mass Transportation Act of 1964, amended, the applicant give an assurance that it will comply with Ti- tle IV of the Civil Rights Act and the U.S. Department of Transportation re- qnirements thereunder; and WHEREAS, it is the goal of the Ap- pllcant that minority business enter- prise be utilized to the fullest extent possible in connection with this pro- ject, and that definite pr~cedurce shall be established and administered to en- sure that minority businesses shall have the maximum feasible opportoni- ty to compete for contracts when pro- curing construction contracts, sup- plies, equipment contracts, or consul- tant and other services, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the East Cental In- tergovernmental Association is authorized and directed to execute ap- plication on behalf of the City of Dubu- que with the U.S. Department of Transportation, to aid in the financing of planning assistance projects pu~ suant to Section 9A of the Surfuce Transportation Assistance Act, of 1982. Section 2. That the Mayor is authorized and directed to execute with such application in assurance, supplemental agreement, or any other document required by the U.S. Depart- ment of Transportation effectuating the purposes of Title IV of the Civil Rights Act of 1964. Section 3. That the East Central In- tergovernmental Association is authorized to furnish such additional information as the U.S. Department of Transportation may require in conner- tion with the application for the pro- jeer. Section 4. That the Mayor is authorized and directed to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Section 5. That the Mayor is authorized and directed to execute grant agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financ- ing of the planning assistance projects. Section 6. That the East Central In- tergovernmental Association is authorized and directed to publish a notice of opportunity for public hear lng, to be held on the application at least 15 days after publicatio~ Passed, adopted and approved this 1st day of April, 1985. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deinh moved adop- tion of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- nesting release of funds for a certain Community Development Block Grant project, presented and read. Council Member Kluesner moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 97-85 A Resolution Authorizing Submission of a Request for a Release of Funds for the Downtown Property Acqutsl- tion, Demolition and parking Lot Pro- ject (335 Iowa St.) WHEREAS, the City of Dubuque, Iowa ~n conformance with the En- vironmental Review Procedures for the Community Development Block Grant Program convened an Ad Hoc Commit- tee on July 30, 1982 and November 29, 1984 which completed an environmen- tal assessment of the following iden- tified project: Downtown Property Acquisition, Regular Session, .april 1,1~85 ~39 Demolition and Parking Lot Project. WHEREAS, pursuant to Resolution No. 203-82, adopted August 2, 1982, public notice of a "Finding of No Significant Effect on the Environ- merit" for the above project was published August 4, 1982~ and sup- plemented on December 2, 1984 in th, Dubuque Telegraph Herald, a newspaper of general circulation and provided for a public comment period until 12:00 Noon on Friday, August 20, 1982, and December 20, 1984; and WHEREAS, public notice of a "Fin. ding of No Significant Effect on the Enviroment" for the project was sent by regular mail to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be appropriate to receive such a public notice; and WHEREAS, any and all objections, if any, to such proposal bas been duly considered; and WHEREAS, it is the intent of th~ City Council to authorize the submis- sion of a request to the U.S. Depart- ment of Housing and Urban Develop- ment for the release of funds to carry out the above-identified project. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the Environmental Review Board for the project shall con. t~nue to remain on file in the Office of the City Clerk where said record may be examined and copied by any in- terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- rn~n~ a request for release of funds in the amount of $50,000.00 to undertake the said project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible 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 review, decision- making, and action assumed and ca~ tied out by the City of Dubuque as to environmental issues. ~tion 4. That the Mayor of th~ City of Dubuque is hereby authorized to consent personally, in his official capacity 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 environmental reviews, decision.rn~king and actio~ Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the eh- vironmental 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 a part thereof Passed, adopted and approved this 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing grant from Land and Water Conservation Funds for constcuction of an all purpose building in the Softball Complex at Cbaplain Schinitt Memorial Park, presented and read. Council Member Kluesner moved tbat the com- munication be received and filed. Seconded by Council Member Manning. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 98-85 A Resolution Authorizing Submission Regular Session, April 1, 1985 of a Request for Funds for Develop- ment of Outdoor Recreation {Chaplain Schmltt Memorial Park) Under the Land and Water Conservation Fund Program WHEREAS, the City of Dubuque is interested in developing outdoor recreational facilities for the following described project for the enjoyment of the citizenry of the City of Dubuque and the State of Iowa: Project Title: Cbaplain Schraitt Memorial Park and Recreation Com- plex (Phase III) Total Estimated Cost: $225,000 Brief Discription of Project: The Ci- ty of Dubuque proposes to develop the 42.67 acre tract of land in the southern portion of City Island Recreational Complex including 3 softball fields and a baseball diamond, with associated bleachers, restrooms, concession building, press boxes, fencing, lighting, backstops and other essential elements. Work will be accomplished by contract through 1987. Phase III to be completed in 1985; and WHEREAS, Land and Water Con- ecrvation Fund financial assistance is required for the development of said outdoor recreational facilities; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the project described above be authorizecL Section 2. That City of Dubuque make application to the State Conset~ cation Commission to seek Land and Water Conservation Fund financial assistance in the amount of 50% of the actual cost of the Phase III project on behalf of said City of Dubuque. Section 3. That City of Dubuque does certify to the following: ta That it will accept the terms and conditions set forth in the Grants-In- Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal b. That it is in complete accord with the proposal and that it will carry out the development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the State Conservation Commissiom c. That it has the ability and inten- tion to finance its share of the cost of the project and that the project will be operated and maintained at the ex- pense of City of Dubuque for public outdoor recreation use. d~ That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. e. That it will not discriminate agalnst any pereon on the basis of race, sex, age, color or national origin in the use of any property o f facility acquired or developed pursuant to this proposa~ and shall comply with the terms and intent of Title VI of the Civil Rights Act of 19~ P.L. 88~52 {1964) and of the regulations promulgated pursuant to such Act by the Secretary of the In. terior and contained in 43 CFR 17, as amended. f That it will maintain adequate ~inancial records on the proposed pro- ject to substantiate claims for cost- sharing. Passed, adopted and approved this 1st day of April, 1985. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Petition of Dubuque Greyhound Park requesting permission to hold a Fireworks Display at the park on July 3 or 4, 1985, presented and read. Council Member Bcurskens moved that the petition be approved and referred to the Staff for implementation. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Manning. Nays--None. Regular Session, April 1, 1985 241 Abstain--Council Member Kronfeldt Communication of City Manager submitting information with regard to Section 27-49 of the Code of Or- dinances, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Delch, Hammel Kluesner, Kroufeldt, Manning. Nays--None. An ORDINANCE Amending Section 27-49 by adding thereto a new sub- paragraph (e) providing for the authorization for the use and consump- //on of beer in Washington Park upon recommendation of the Park and Recreation Commission and approval of the City Council, presented and read. CounCd Member Beurskens moved that this reading be the second reading of the Ordinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Council Members Beurskens Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Member Deich, Manning. BUSINESS LICENSES: Dubuque Jaycees advising of their intent to use Town Clock Plaza for their downtown social events on Fridays and are questing approval of their Class "B" Beer Permit at the location, presented and read. Steve Launspach, spoke on behalf of the Jaycees to the above mat- ter. Council Member Beurskens moved that this advisement be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kron- feldt, Manning. Nays--Council Member Hammel. EESOLUTION NO. 9985 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubu- que Iowa, be granted a permit to sell Cigarettes end Cigarette Paper within said City. Passed, adopted and approved this 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Kluesner, Kronfeldt, Manning. Nays--Council Member Hammel. RESOLUTION NO. 100-85 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 apphcants were in- spected and found to comply witb the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named pllcants a Beer Permit. Passed, adopted and approved this 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk adoption of the Resolution, with the 242 Regular Session, April 1, 1985 Dubuque Jaycees application subject to the*verificaU~on by the City Clerk. Seconded by Council Member Kran. feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner Kronfeldt, Manning. Nays--Council Member Hammel. RESOLUTION NO. 101-85 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 RE- SOLVED, By the City Council of the C/ty of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. John W. N~onan (Also Stmday Sales) Nconan's Tavern 1618 Central Ave. Passed, adopted and approved this 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kroufeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Mann~g. Nays--Council Member Hammel. Communication of City Manager recommending adoption of Supplement No. 23 to the Code of Ordinances, presented and read. Council Member Beurskens moved that the communica- t/on be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, IGuesner, Kronfoldt, Manning. Nays--None. RESOLUTION NO. 1024/5 Adopting Supplement No. 23 to the Code of Ordimmces of the City of Dubuque, Iowa WHEREAS, under date of November 16, 1981 the City Council, pursuant to Ordinance 63-81, readopted the Code of Ordinances of the City of Dubuque for ordinances adopted up to and including March 10, 1981; and WHEREAS, since March 10, 1981 the City Council of the City of Dubu- que, Iowa, has adopted certain or- dinances amending the Code of Or- diannces and said amendments have been printed as supplements to the Code of Ordinances; and WHEREAS, Section 380.6 of the Code of Iowa provides that sup- plements, by resolution, become part of the Code of Ordinances. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 23 to the Code of Ordinances of the City of Dubuque, lowo, covering ordinances adopted by the City Council of the City of Dubuque, Iowa, from September 16 1984 through December 17, 198~ printed by the Municipal Code Corporatlo~ Tallahassee, Florida, hereto filed in the Office of the C~'ty Clerk of the O'ty of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa Passed, adopted and approved this 1st day of April, 1985. James E. Brady Mayor ATTEST: Regular Session, April 1, 1985 Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kranfeidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammal, Bluesner, Kronfaldt, Manning. Nays--None. MINUTES SUBMITTED: Ad Hoc Dcck Committee of 3/11; Electrical Ex- staining Board of 3/19; Cable TV Regulatory Commission of 3/13; Human Rights Commission of 3/11 and 3/25; Park & Recreation Commission of 3/12; Public Library of 3/19; Zoning Board of Adjustment of 3/7; Transit Board Earnings Statement for month of February, 1985: Transit Board of 3/14; Five Flags of 3/18, presented and road. Counc'd Member Beurskens mov- ed that the minutes be received and fil- ed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klusener, Kronfeldt, Manning. Nays--None. Communication of David J. Willoughby submitting his resignation from the Park and Recreation Commie- sion effective immediately, presented and read. Counc'd Member Beurskens moved that the communication be received and filed and accepted with regret. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dnich, Hammal Kluesner, Kronfeldt, Manning. Nays--None. Jan Zenner, atAarge representative to the Historic Preservation Commission submitting her resignation immediat~ ly, presented and read. Council Member Beurskens moved that the resignation be received and filed and accepted with regret. Seconded by Counc'd Member Kronfeldt. Carried by the folinwing Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Patrick Apel in amount of $154.40 for car damages; Joseph R. Erseben in amount of $150 for hacked-up sewer damages; Scott F. Hemeeath in amount of $56.20 for ear damages; Michael J. Nimmlck in estimated amount of $375.00 for car damages; Judith A. Seymour in estimated amount of $525.23 for car damages; Ronald Ward in unknown amount for personal in- juries; American Trust and Savings Bank vs. City of Dubuque et al submit- t'mg Motion for Summary Judgment, ~esented and read. Council Member Beurskens moved that these claims and suits ha referred to the Legal Staff for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bere Beurskens, Deich, Hamrael, Klusener, Kronfeidt, Manning. Nays--None. Communication of Corporation Counsel recommending denial of pe~ senaI injury claim of Laura Noel; advis- lng Kelley vs Frands Spseht has been resolved without any cost to the City; submitting copy of the Judgment and Decree in the matter of Fischer Invest- ment Co. vs the City of Dubuque, presented and read. Council Member Beurskens moved that the communica- tion be received and filed and disposals approved. Seconded by Council Member Kronfeidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Blueaner, Kronfaldt, Manning. Nays--None. Petition of Mississippi Walleye Club (containing 391 signatures) objecting to the parking of barges adjacent to City Island, presented and read. Council Member Kronfeidt moved that the peti- tion be received and filed. Seconded by Council Member Bemfskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurnkens, Deich, Hammel, Kluesner, Kron:[eidt, Manning. Nays--None. REFUNDS REQUESTED: Town Clock Inn, Inc., $633.75 on unexpired l~quor License presented and read. Council Member Beurskens moved that 244 Regular Session, April 1, 1985 the refund be approved and Finance Director directed to issue the proper check. Seconded by Council Member Kronfaldt. Carried by the following Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel Blusener, Kronfeldt, Manning. Nays--None. Communication of Delos Dorweiler expressing concerns on various items presented and read. Council Member Beurskens moved that the communica- tion be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of Planning and Zon- ing Commission approving final plat of Subdivision of "Kerper Industrial Sub. division No. 1", presented and read. Council Member Bsurskens moved that the communication be received and fil- ed. Seconded by Council Member Kron- faldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeidt, Manning. Nays--None. RESOLUTION NO. 103-85 A Resolution Approving the Final Plat of the Subdivision of "Kerper Industrial Subdivision Number One" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivision of "Kexper Industrial Sub- division Number One" in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Counc'd finds that the same con- forms to statutes and ordinance~ relating thereto. NOW, THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of "Kerper Industrial Sub- division Number One" in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and Ci- ty Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat Passed, adopted and approved this 1st day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, gluesner, Kronfeldt, Manaing. Nays--None. There being no further business, Counc'd Member Manning moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Coancil Mem- bers Beurckens, Deich, Hammel, Kluesner, Kronfeidt, Manning. Nays--None. M~ting adjourned at 8:12 p.m. Mary A. Davis City Clerk Approved 2985 Adopted _1985 Mayor Regular Session, April 1, 1985 Council Members ATTEST: City Clerk 245 Special Session, April 15, 1985 246 CITY COUNCIL OFFICIAL Special Session, April 15, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, I~uesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, City Solicitor William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose TO CONDUCT A PUBLIC HEARING ON THE DISPOSING OF CITY'S INTEREST IN PROPERTY LOCATED IN RIVER FRONT SUBDIVISION NO. 5 and acting upon such other business which may properly come before the Council. The Invocation was given by Rev. Dr. Richard H. Drummond, Professor at the University of Dubuque Theological Seminary. PROCLAMATIONS; Week of April 21 thru 27 as "National Volunteer Week" received by Kathy Davis; Week of April 29 thru May 4 as "Private Property Week" received by Joyce Fowler; Week of April 14 thru 20 as "Na- tional Education for Business Week" received by Joann Klein; Week of April 22 thru 27 as "Week of the Young Child" Mayor Brady swore in the Youth in Government officials. Jerry Guy of the Durrant Group. Inc. presented a status and progress report on the Dog Track Facility. Council Member Khiesner moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, l~uesner, Kronfeldt, Manning. Nays--None. Proof of publication certified to by the Publisher, on Notice of Public Hear- ing to consider disposition of City's in- terest in property located in Riverfront Subdivision No. 5 to William C. Brown Publishers, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Beurksens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- her, Manning. Nays--None. Abstain--Council Member Kronfeldt. Communication of Riverside Tractor- Trailer Company consenting to William C. Brown Company, Publishers, put- chase of portion on the area south of Kilgore Street leased by them, presented and read. Counc'd Member Kluesner moved that the communiea- tion be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens. Deich, Hammel, Kluesner, Manning. Nays--None. Abstain--Council Member Kronfeldt. RESOLUTION NO. 1044~5 WHEREAS, pursuant to Resolution and published notice of tline and place of hearing, published in the Telegraph- Herald. a newspaper of general circlua- tion, published in the City of Dubuque, Iowa on April 5, 1985, the City Coundl of the City of Dubuque, Iowa met on the April 15, 1985, at 7:30 p.m. in the Public Library Auditorium, 11th and Locust Streets, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 2 of Subdivision of Lot I of Lot 1 of Lot 1 of Lot 1, Block 1, "Riverfront Subdivision #5", in the City of Dubuque to WM. C. BROWN COMPANY, Publishers; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral and written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Special Session, A WM. C. BROWN COMPANY, Publishers. NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the disposal of in- terest of the City of Dubuque, Dubu- que County, Iowa in the property described as Lot 2 of Subdivision of Lot l of Lot l of Lot1 of Lot1, Block 1, "Riverfront Subdivision #5", in the Ci- ty of Dubuque, lows w WM. C. BROWN COMPANY, Publishers be and the same is hereby approved for the sum of $16,232.85 plus costs of plat- ting, abstracting, publication and recording fees; that the conveyance shall be by Quit Claim Deed, and that the conveyance shall be subject to the conditions outlined in Resalution No. 92~5 attached and considered a part Section 2. That the City of Dubuque eluding, the right of ingress and egress for the purpose of repairing and main- utilities. Section 3. That the City Clerk be and she is hereby directed and authorized to deliver deed of conveyance convey- the above-named party upon receipt of the purchase price in full Section 4. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Treasurer. Passed, adopted and approved tins 15th day of April, 1985. James E. Brady Mayor ATTEST: City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Kluesner, Manning. ri115, 1985 247 Abstain--Council Member Kronfeldt. Proof of publication cergified to by the Publisher, on Notice of Public Hearing to consider disposition of Ci- ty's interest in property located in River front Subdivision No. 5 to Klauer Vlanufacturing Co., presented and read. There were no written objection received and no oral objectors present at the time of the Hearing. Council Member Klnesner moved that the pro- of of publication be received and filed, Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Maanin4~. Nays--None. RESOLUTION NO. 105-85 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general clrcula- fion, published in the City of Dubuque, Iowa on April 5, 1985, the City Council of the City of Dubuque, Iowa met on the April 15, 1985 at 7:30 p.m. in the Public Library Auditorium, llth and Locust Streets, Dubuque, Dubuque County, Iowa to consider the proposal of the sale of real estate described as: Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1, Block 1 "Riverfront Subdivision #5, in the City of Dubuque to KLAUER MANUFACTURING COMPANY; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the Ci- ty of Dubuque, Iowa in the hereinabeve described real estate to KLAUER MANUFACTURING COMPANY. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of in- terest of the City of Dubuque, Dubuque County, Iowa in the property described as Lot 2 of Subdivision of LOt 1 of Lot I of Lot 1, Block 1, "Riverfront Subdivi- sion #5", in the City of Dubuqu~ Iowa to KLAUER MANUFACTURING 248 Special Session, April 15,1985 COMPANY be and the same is hereby approved for the sum of $8~901.59 plus costs of platting, abstracting, publica- tion and recording foes; that the eon. veya~we shall be by Quit Claim Deed, and that the conveyance shall be sub- ject to the conditions outlined in Resolution No. 91-85 attached and con- sidered a part hereto. Section 2. That the City of Dubuque reserves unto itsalf dil existing record. ed easements together with and in. eluding, the right of ingress and egress for the purpose of repairing and main- taining exisffng sewer and public utilities. Section 3. That the City Clerk be and is hereby directed and authorized to &liver deed of conveyance conveying the above described real estate to the above-named party upon receipt of the purchase price in full Section 4. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Dubuque County Recorder, and Dubuque County Treasurer. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitting bidding procedure tor Cedar Cross Road Bridge Replacement, presented and read. Council Member Ilammel moved that the communica- tion be received and filed. Seconded by Council Member Dcich. Carried by the foliowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfoldt, Manning. Nays--None. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 166-85 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 Cedar Cross Road Bridge Replacement in the estimated amount of $1,045,000.00 are hereby approved and ordered filed in the office of the Ci- ty Clerk for public inspection. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kron~eldt, Manning. Nays--None. FIXING DATE OF HEAEING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 107-85 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of can- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion of the Cedar Cross Road Bridge Replacement. NOW, THEREFORE, BE IT RE- SOLVED that on the 20th day of May, 1985, 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 hear- ing to be published in a newspaper hav- ing general circulation in the City of Dubuque, Iowa, winch notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file Special Session, April 15, 1985 249 objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammei moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Eluesner, Kronfeldt, Manning. Nays--None. ORDERING BIDS RESOLUTION NO. 108-85 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Cedar Cross Road Bridge Replacement is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to ac- company 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 construc- fiou of the improvements herein provid- ed, to be published in a newspaper hay- h~g general circulation in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 9th day of May, 1985. Bids shall 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 20th day of May, 1985. Passed, adopted and approved this 15th day of April, 1985, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Counc'd Member Haramel moved adoption of the Resolution. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeidt, Manning. Nays--None. Communication of City Manager sub- mitring bidding procedure for construc- t/on of the Recreation Complex on City Island, presented and read. Counc'd Member Kronfeidt moved that the com- munication be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeidt, Manning. Nays--None. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 109-85 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 Schmitt Island- Recreation Complex Road, in the estimated amount of $359,899.69, are hereby ap- proved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Elueaner, Kronfeidt, Manning. Nays--None. FIXING DATE OF HEARING ON Special Session, April 15, 1985 PLANS AND SPECIFICATIONS RESOLUTION NO. 110-85 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 tho of- rico of the City Clerk for public inspec- tion of the Schmitt Isla~!d - Recreation Complex Road. NOW, THEREFORE, BE IT RE- SOLVED that on the 20th day of May, 1985, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested parsons may appear and be heard for ar against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk bo and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fix- ed for its consideration. At the hear- ing, any interested person may appear and file objections to the proposed plans, specifications, contract, or e~timated cost of the improvement, Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeidt moved adoption of the Resolution. Seconded by Council Member Beurskene. Car- ried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. ORDERING BIDS RESOLUTION NO, 111-85 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Schmitt Island - Recreation Complex Road is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to ac- company 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 construc- tion of the improvements herein provid- ed, to be published in a newspaper hay- ing general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 8th day of May, 1985. Bids shall 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 20th day of May, 1985. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeidt moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeidt, Manning. Nays--None. Communication of City Manager sub- mitting bidding procedure for construc- tion of the Sanitary Sewer for the Recreation Complex on City Island, presented and read. Council Member Hammei moved that the communica- tion be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammei, Eluesner, Kronfeldt, Manning. Nays--None. PRELIMINARy APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 1124~5 Special Session, April 15,1985 251 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 Schmite Island - Recrea- tion Complex Sanitary Sewer, in the estimated amount of $86,810.36, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, gluesuer, Kronfeldt, Manning. Nays--None. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 113-85 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 05 rice of the City Clerk for public inspec- tion of the Schmitt Island - Recreation Complex Sanitary Sewer. NOW, THEREFORE, BE IT RESOLVED that on the 20th day of May, 1985, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at winch 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 hear- lng to be published in a newspaper hav- ing general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objecU~ons to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote:. Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, I-Iammel, Kluesner, Kronfcidt, Manning. Nays--None. ORDERING BIDS RESOLUTION NO. 114~85 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Schmitt Island - Recreation Complex Sanitary Sewer is hereby c~dered to be advertised for bids for BE IT FURTHER RESOLVED, that the amount of the security to ac- company 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 specificiations heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construc- tion of the improvements herein provid- ed, to be published hi a newspaper hav- ing general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 9th day of May, 1985. Bids shall 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 20th day of May, 1985. Passed, adopted and approved this 15th day of April, 1985. James E. Brady 252 Special Session, April 15, 1985 Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays~None. Communication of City Manager sub- mltting bidding procedure for im- provements to the existing traffic signals at the intersection of Dodge & Wacker, and installation of Street lights on all four 14) corners of the intersec- tion, presented and read. Council Member Kluesner moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the fonowing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, l~uesner, Kronfaldt, Manning. Nays--None. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 115-85 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 Dodge Street at Wacker Drive Traffic Signal Improvements and Intersection LighUmg Project, in the estimated amount of $42,058.20, are hereby approved and ordered fded in the office of the City Clerk for public in- spection. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. FIXING HATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 116-85 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its prefimlnary approval on the proposed plans, specifications, and form of con- tract and placed same on £de hi the of- rice of the City Clerk for public inspec- tion of the Dodge Street at Wacker Drive Traffic Signal Improvements and Intersection Lighting Project. NOW, THEREFORE, BE IT RE- SOLVED that on the 20th day of May, 1985, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which Unne 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 hear- lng to be published in a newspaper hav- ing general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolutlan. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeint, Manning. Nays--None. Special Session, April 15,1985 253 ORDERING BIDS RESOLUTION NO. 117-85 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Dodge Street at Wacker Drive Traffic Signal Improvements and Intersection Lighting Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to ac- company each bid shall be in an amount which shafi 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 eenstruction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque. Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 8th day of May, 1985. Bids sbeil 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 20th day of May, 1985. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Eluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub~ mitting document for retrofitting of the Heating, Ventilating and Air Condi- tioning systems at Five Flags Theatre, presented and read. Council Member Beurskens moved that the communiea- tJon be received and filed. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Mere~ bers Beurskens, Deich, Hammel, Klansner, Kronfeldt, Manning. Nays--None. PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION NO. 118-85 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 Five Flags Theatre HVAC Retrofit, in the estimated amount of $80,000, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurekens moved adoption of the Resolution. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS RESOLUTION NO. 119-85 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of cun- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion of the Five Flags Theatre HVAC Retrofit. NOW, THEREFORE, BE IT RE- SOLVED that on the 20th day of May, 1985, a public hearing will be held at 7:30 p.m. in the 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 254 Special Session, April 15, 1985 Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fix- ed for its consideration. At the hear- ing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammei Eluesner, Kronfeldt, Manning. Nays--None. ORDERING BIDS RESOLUTION NO. 120-85 BE IT RESOLVED BY THE COUN- CIL OF THE CITY OF DUBUQUE, IOWA: That the Five Flags Theatre HVAC Retrofit is hereby ordered to be adver- tised for bids for construction. BE IT FURTHER RESOLVED that the amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a par~ of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construc- tion of the improvements herein provid- ed, to be published in a newspaper hav- ing general c/rculation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of s~id bids at 2:00 p.m. on the 9th day of May, 1985. Bids shalI 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 20th day of May, 1985. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeidt, Manning. Nays--None. Communication of City Manager re- questing authorization to submit the Section 5 Capita[ Assistance Applica- tion and combined Fiscal Year 1986 Section 9 Operating Planning Applica- tions to UMTA and to set a date of Public Hearing for same, pre~ented and read. Council Member Kinesner moved that the communication be received and filed. Seconded by Council Member Delah. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeidt, Manning. Nays--None. RESOLUTION NO. 1214~5 Resolution Authorizing the Filing of Applications with the Deportment of Transportation, United States of America, for Grants under the Urban Mass Transportation Act of 1964, as Amended. WHEREAS, the Secretary of Transportation is authorized to make grants for a moss transportation pro- gram of projects; WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- cluding the provision by it of the local share of the project costs in the pro- gram; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in Special Session, April 15, 1985 connection with the filing of an ap- plication for assistance under the Ur- ban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Ti- tie VI of the Civil Rights Act of 1964 and the U.S. Department of Transpor- ration requirements thereunder; and WHEREAS, it is the goal of the ap- pllcant that minority business enter- prise be utilized to the fullest extent possible in connection with these pro- jects, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum construction con- tracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is authorized to execute and file applications on behalf of the City of Dubuque with the U.S. Depart- merit of Transportation to aid in the financing of an operating assistance project and in the completion of an at- titade and opinion survey pursuant to Section 9 of the Urban Mass Transpo~ ration 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 re- quired by the U.S. Department of Transportation effectuating the pu~ poses of Title VI of the Civil Rights Act of 1964. Section 3. That the T~nsit Manager is authorized to furnish such addi- tional information as the U.S. Depart- ment of Transportation may require in connection with the application for the program of 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 Section 5. That the Mayor of the City of Dubuque is authorized to execute grant agreements on behalf of the City' of Dubuque with the U.S. Department of Transportation for aid in the financ- ing of the operating assistance pro- 255 gram of projects. The undersigned duly qualified and acting Mayor of the City of Dubuque certifies that the foregoing is a true and correct copy of a resolution, adopted at a legally convened meeting of the City Council of the City of Dubuque, Iowa, held on April 15, 1985. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 122-85 Resolution Authorizing the Filing of an Applicatlon with the Department of Transportation, United States of America, for a Grant Under the Urban Mass Transportation Act of 1964, as Amended. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation pr~- jects; WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- cluding the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an applica- tion for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goals of the ap- pbeant that minority business enter- 256 Special Session, April 15, 1985 prise be utilized to the fullest extent possible in connection with this pro- ject, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible op- portunity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts. or consultant and other services. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is authorized to execute and file an application on behalf of the City of Dubuque, Iowa, with the U.S. Department of Transportation, to aid in the rehabilitation of two GMC motor coaches, purchase of capital equipment and remodeling of office facilities pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended. Section 2. That the Mayor is authorized to execute and file with such application an assurance or any other document required by the U.S, Department of Transportation effec- rusting the purposes of Title VI of the Civil Rights Act of 1964. Section 3. That the Transit Manager is authorized to furnish such addi- tional information as the U.S. Depart- ment of Transportation may require in connection with the application or the project. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Section 5. That the Mayor of the City of Dubuque is authorized to execute grant agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financ- lng of capital assistance projects. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~uesner. KronIeldt, Manning. Nays--None. Communication of City Manager sub- n~itting a Lease Agreement for the use of the former Rotman property at the corner of West 3rd and Iowa Streets, between City & S&S Enterprises and requesting a Public Hearing be set on the same, presented and read. Council Member Kronfoldt moved that the com- municatinn be received and filed and that a Hearhig be set for May 6, 1985 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk be instructed to publish notice in the man- net prescribed by law. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Kluesner, Kronfoldt, Manning. Nays--None. Petition of Nightengnie Lane (13 signers) requesting investigation of the traffic problem on Nightengnie Lane when the Womens Recreation Assn. Complex opens this season, presented and read. Mr. Tim Schmit, 3135 Nightengale, spoke to the petition. Council Member Kluesner moved that the petition be received and filed and matter referred to the City Manager and Staff for investigation with recom- mendation made no later than June 1, 1985. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Petition of John Kivlahan requesting permission to extend the Water Main across John F. Kennedy Road at the Ci- ty's north boundary to provide water for livestock at 3350 John F. Kennedy Road, presented and read. Council Member Kluesner moved that the peti- tion be received and filed and concurred with the City Manager to deny the re- quest. Seconded by Council Member Beurskens. Carried by the following vote: Special Session, A Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeidt, Manning. Nays--None. Communication of City Manager re- questing approval to enter into an Agreement with Helle, Klosterman & Co. to perform the Annual Audit for the City's financial transactions for the fiscal years ending June 30, 1985 and June 30, 1986 AND Communication of O'Connor, Brooks & Co. submitting comments regarding selection of Helle, Klosterman as agency to do City's audit, presented and read. Council Member Beurskens moved that the communications be received and filed and approved the City Manager's r~ quest to enter into Agreement W~th Helle, Klosterman & Co. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens, Kluesner, Kronfeldt, Manning. Nays--Mayor Brady, Council Members Deich, Hammel. Communication of City Solicitor sub- mitting draft Ordinance pertaining to Transient Merchants, presented and read. Council Member Benrskens mov- ed that the communication be received and filed. Seconded by Council Member Ha~nmel. Carried by the foilowir~g vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammal Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amenc~g Sec- tions 24-1 and 24-3(1), Code of Or- dinances, relating to occupational licenses in Christmas Tree Merchants by repealing said Sections; and amen- ding Chapter 28 Code of Ordinances entitled "Peddlers and Transient Mer- chants'' by repealing said Chapter and adopting in lieu thereof a new Chapter 28, "Peddlers and Transient Mer- chants", presented and read. Council Member Beurskens moved that the reading just bed be considered the first reading of the Ordinance. Seconded by Council Member Hammei. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeidt, Manning. Nays--None. ~ril 15, 1985 257 Petition of Dubuque Beneficial Li- quor and Beverage Assn. objecting to beer being sold anywhere on City pro- perry, presented and read. John Fitz- ~trich of the Association spoke to the )etitien. Council Member Benrskens moved that the petition be received and filed. Seconded by Council Member Kronfeidt. Vote on the motion was as fonows: Yeas--Cou~ned Member Beurskena. Nays--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kran- feidt, Manning. MOTION FAILED. An ORDINANCE Amending Section 27-49 of the Code of Ordinances by ad- ding thereto a new subparagraph (e) providing for the authorization of the use and consumption of beer in Washingten Park upon recommenda- fion of the park and Recreation Com- mission and approval of the City Court- ell, said Ordinance having been presented and read at the Couned Meetings of March 18 and April 1, presented for final action. Council Member Beurskens moved final adop- tion of the Ordinance. Seconded by Council Member Kronfeldt. Vote on the motion was as follows: Yeas--Cenncil Member Beurskens. Nays--Mayor Brady, Counnil Members Deich, Hammel, Kluesner, Kronfeldt, Manning. MOTION FAILED - ORDINANCE NOT ENACTED. Communication of City Manager questing to approve Contract with Pro- ject Concern covering Mini-Bus Opera- tions for the fiscal year beginning July 1, 1985, presented and read. Council Member Kluesner moved that the oom- munieation be received and filed and Contract approved. Seconded by Coun- 41 Member Beurskens. Carried by the following vote: Yeas--Mayor Brady; Couned Mem- bets Beurskean, Deich, Hammel, Kluesner, Kronfeldt, Mamdng. Nays--None. Conununication of City Manager sub- mitring Resolution requesting Mayor to execute a Grant Closeout Agreement with Housing and Urban Development for the FDL Foods, Inc. Urban Development Action Grant Project, 258 Special Session, April 15, 1985 presented and read. Council Member I~usener moved that the communica- tion be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammei Kluesner, Kronfaldt, M~. Nays--None. RE~OLUTION NO. 123-85 A Resolutlen Authorizing and Direc- ting the Mayor to Execute a Grant Chiseout Agreement with the U.S. Department of Housing and Urban Development for the EDL Foods, Inc. Urban Development Action Grant Project. WHEREAS, under provisions of Ti- tle I of the Housing and Development Act of 1974, as amended, the City of Dubuque has received an Urban Development Action Grant identified as Grant No. B-81-AA-19-0016 from the Department of Housing and Urban Development to assist the FDL Foods, Inc. Reconstruction Project; and WHEREAS, the City of Dubuque and the FDL Foods, Inc. have under- token and completed activities as con- teined in the project budget; and WHEREAS, the City of Dubuque now desires to enter final settlement and conclusion of the project. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Cioseout Agreement authorized by the U.S. Department of Housing and Urban Development on April 5, 1985, a copy of whloh is attached hereto and made a part hereof, is hereby aceepted~ Section 2. That the Mayor of the City of Dubuque be and he is hot, by authorized and directed to execute said Grant Closeout Agreement on behalf of the City of Dubuque. Section 3. That the City Manager be and he is hereby authorized and directed to submit the executed Grant Closeout Agreernent to the U.S. Depart- meat of Housing and Urban Develop- Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor Aq~"EST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Marming. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 1244~5 Resolution Authorizing and Providing for the Issuance of $4,700,000 General Obligation Bonds and Levying a Tax to Pay said Bonds WHEREAS, the Issuer is duly incor- porated, organized and exists under and by virtue of the laws and Constitu- tlon of the State of Iowa; and WHEREAS, the Issuer is in need of ~unds to pay costs of construction, reconstruction and repair of street ira- provements, bridges, storm sewers, and the extension and improvement of the municipal airport, an essential cor- porato purpose, and it is deemed necessary and advisable that general obligation bends in the amount of $4,700,000 be issued for sa~d purpose; and WHEREAS, pursuant to notice ~ubllshed as required by Section 384.25 of said Code, this Council has held a mblic meeting and hearing upon the proposal to institute proceedings for the issuance of said bonds, and the Council is therefore now authorized to ~roceed with the issuance of said bonds; and WHEREAS, pursuant to the provi- sions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertis- ed public sale: NOW, THEREFORE, BE IT RE- SOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Special Session, April 15, 1985 259 Section 1. Definitions. The following terms shall have the following mcan. ings in this Resolution unless the text expressly or by necessary implication requires otherwise: (n) "Issuer" and "City" shall mean the City of Duhaque, Iown; (b} "Treasurer" shall mean thc City Treasurer or such other officer as shall succeed to the same duties and respon- sibilities with respect to the recording and payment of the Bonds issued hereunder; (c) "Bonds" shall mean 4,700,000 General Obligation Bonds, authorized to be issued by this Resolution,. (d) "Registrar" shall be the Bankers Trust Company of Des Moines, 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 registrar of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds. (e) "Paying Agent" shall be the Bankers Trust Company or such sue- cessor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuers agent to provide for the pay- ment of principal of and interest on the bonds as the same shall become due. Sect/on 2. Levy and Certification of Annual Tax; Other Funds to be Used. (n) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax oh all of the taxable property in Dubuque, Iowt~ to-wit: (b) Resolution to he Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, lowa, and said Auditor is hereby in* struated in and for each of the years as provided, to levy and assess the tax hereby authorized in Section i of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said bonds issued in an- ticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at anytime when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and trim- bursement shall be made from such special fund in the amounts thus ad- Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in ad- dition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBI~IGATION BOND FUND 1985 No. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the bonds hereinafter authorized to be issued,, and also there shall be appor- tioned to said fund its proportion of taxes reealved by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Depart- ment of Revenue. Section 4. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resoluffon shall be invested in direct obligations of the United States Government or deposited in banks which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits ex. ceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one bank Special Session, April 15, 1985 shall be continuously secured by a valid pledge of direct obligations of the United State Government having an ~quivalent market value. All such in. terim investments shall mature before the date on which the moneys are re- quired for payment of principal of or interest on the Bonds as herein provid- Section 5. Bond Details, Execution and Redemption. (al Bond Details. General Obligation Bonds of the City in the amount of $4,700,00~ shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid purpose. The bonds shall be designated "GENERAL OBLIGA- TION BOND", be dated May 1, 1985, and bear interest from the date thereof, until payment thereof, at the principal office of the Paying Agent, said in~ retest payable on November 1, 1985, and semiannually thereafter on the 1st day of May and November in each year until maturity at the rates hereinafter provide& The bonds shall be executed by the fuesimile signature of the Mayor and attested by the facsimile signature of the Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this resolu- tio,; principa~ interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the bond. The bonds shall be each in the denomination of $5,000 or multiples thereof. Said bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount MBy 1st Z70% $125,000 1987 Z70% $25,0~ 1988 Z70% $100,033 1989 Z70% $2~000 199~ (b) Redemption. The right is reserved by the City Council of the City of Dubuque to call and redeem the bonds maturing on and after May 1, 199~ prior to maturity from any funds payment date on or after May 1, 1995, in whole, or from time to time in parg in inverse order of maturity and within a maturity by log upon terms of par and accrued interest plus a premium of one-half of one percent (½ of 1%) of the principal amount of any such bonds called for such redemption for each year or fraction thereof between the redemp- tion date and the stated maturity of such bonds, but in any event not to ex- ceed two percent (2%) of the principal amount of such bonds. Section 6. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancella- tion. (a) Registration. The ownership of bonds may be transferred only by the making of an entry upon the books kept for the registration and transferor ownership of the Bonds, and in no other way. The Registrar is hereby ap- pointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the pay- ment of ptincipal of and interest on the Bonds as provided in this Resolution. All bonds shall be negotiable as provid- ed in Article 8 of the Uniform Comme~ cial Code and Section 384.31 of the Code of Iown, subject to the 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 registration and transfer of Bonds and only upon surrender thereof at the principal office of the Registrar together with an assignment duly ex- ecutod 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, of all 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 ques- lion) is that ora broker or dealer, there must be disclosed on the Registration Books the information pertaining to Special Session, April 15, 1985 261 the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations pew mittod by this Resolution in aggregate principal amount equal to the un- matured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in ac~ cordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment 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 o~cler 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 thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar All Bonds which are cancell- ed by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall fo~ ward the cancelled Bonds fo the (/~ Non-Presentment of Bonds. In the event any payment check representing payment of interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, ail liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall forthwith cease, terminate and be com- pletoly 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 Resolu- tion or on, or with respect to, such in- terest or Bonds. The Paying Agent's obligation to hold such funds shall con- tinue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In c~se any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the quest of Registrar authenticate and deliver 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 Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and com- plying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such ex- penses as the Issuer may incur in con- nection therewith. Section 8. Record Date. Payments of interest made in respect of any Bond, shall be made to the registered owner thereof or to the owner's designated agent as the same appear on the books 262 Special Session, April 15,1985 of the Registrar on the 15th day of the month preceding the payment date. And 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 9. Execution, Authentica- tion and Delivery of the Bonds. Upon the adoption of this resolution, the Mayor and City Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the registrar shall du- ly endorse and execute on such Bond a certificate of authentication substan- tially in the form of the Certificate 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 duly issued under this resolution and that the holder thereof is entitled to the benefits of this resolatiorr No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer dire~ ting the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the pu~ chase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, Bond Counse~ concerning the validity and legality of all the Bonds proposed to be issued. Section 10. Form of Bond. Bonds shall be printed in substantial com- pllance with standards proposed by the American Standards Institute substantially in the form as follows: (1) ~ (10) (continued on the back of this Bond) (11)(12)(13) ] (1~4) ~__ FIGURE (Front) Special Session, April 15,1985 (10) (Continued) (16) (17) FIGURE 2 (Back) The text of the bonds to be located thereon at the item numbers shown shall be as follows: Item 9, figure i = The City of Dubu- que, lowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, Item 9A, figure i = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, tho principal sum of(principal amount written out) Thousand Dollars in lawful money of the United States of 263 America, on the maturity date shown above, only upon presentation and sup render hereof at the principal office of Bankers Trust Company, Paying 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 November 1, 1985, and semiannually thereafter on the 1st day of May and November in each year. Interest shah be paid to the registered homer of the bond as shown on the records of ownership maintain- ed by the Registrar as of the 15th day of the month next preceding such retest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30~day months. This bond is issued pursuant to the provisions of Section 384.25of the City Code of Iowa, for the purpose of pay- tion and repair of street improvements, bridges, storm sewers, and the exten. sion and improvement of the munlei- pal airport, in conformity to a Resolu- tlon of the Council of said City duly passed and approvecL The right is reserved by the City Council of the City of Dubuque to call and redeem the bonds maturing on and 264 Special Session, April 15, 1985 after May 1, 1996, prior to maturity from any funds regardless of source on any interest payment date on or after May 1, 1995, in whole, or from time to time in par~ in inverse order of maturi- ~y and within a maturity by lo~ upon terms of par and accrued i~iterest plus a premium of one-half of one percent (~ of 1%) of the principal amount of any such bonds called for such redemp- tion for each year or fraction thereo! between the redemption date and the stated maturity of such bonds, but in any event not to exceed two percent (2%) of the principal amount of such bonds. Notice hereunder may be given by registered mail to the owner of record of the bond at address shown on the books of the Registrar and shall be deemed complete upon mailing. Ownership of this bond may be transferred only by transfer upon the books kept for such purpose by Bankers Trust Comphny, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this bond at the principal office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized at- torney in the form as shall be satisfoc- tory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shal~ howeve~ give 60 days' notice to registered bond. homers of such change. All bonds shall be negotiable as provided in Arti~ cie 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registro, tion and transfer contained in the bond resolution And it is hereby represented and tiffed that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this bond, have been existent, had, done and performed as required by law; that provision has been made for the levy ora sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and in- terest of this bond as the same will respectively become due; that the fuitb~ credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest' and the total in- debtedness of the Issuer including this bond, does not exceed the constitu- tional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Counci~ has caused this bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an officer of the Registrar, Bankers Trust Company of Des Moines, Iowa. ~y A~ ASSIGNMENT hereby sells, assigns and transfers un- to (Social Security or Tax Identification No. 3 the within Bond and does hereby irrevocably constitute and torney in fuct to transfer the said Bond on the books kept for registration of Special Session, April 15, 1985 265 the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment signs(s) here) SIGNATURE) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee should be made by a member or member organization of the New York Stock Exchange, members of other Exw changes having signatures on file with transfer agents or by a commercial bank or trust company. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferal(s) The following abbreviations, when used in the inscription on the face of this bond, shall be construed as though written out in full according to ap- plicable laws or regulations: (Cust) (Min~r) (State) Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Begistrar or Paying Agent upon giving 60 days' written notice to each registered bondholder. Section 12. Contract Between Issuer and Purchaser. This Resolution con- stitutes a contract between said City and the purchaser of the bonds. Section 13. Non-Arbitrage Covenants. The Issuer reasonably ex- peers and co venants that no use will be made of the proceeds 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 Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or ci~ 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 in a manner that would cause the Bonds to be arbitrage Bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the Bonds to certify as to the reasonable expecta- tion of the Issuer at that date. The Issuer covenants that it will treat as restricted yield investments any funds in the Bond Fund for pay- ment of the Bonds in excess of l3/12ths of the annual principal and interest re- quirements of the then current year. "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. The Issuer covenants that it will ex- ceed any investment yield restriction provided in this resolution only in the event that it shall first obtain an opi- nion of recognized bond counsel that the proposed investment action will not cause the bonds to be classed as ar- bitrage bonds under Section 103(c) of the Internal Revenue Code or regula- tions issued thereunder The Issuer covenants that it will pro- ceed with due diligence to spend the proceeds of the bonds for the purpose 266 Special Session, April 15, 1985 set forth in this resolution. Section 14. Severabiilty Clause. If any section, paragraph, clause or pr~- vision of this Resolution be held in- valid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 15. Repeal of Conflicting Resolutions or Ordinances. That all dinances and resolutions and parts or ordinances and resalut~ons in conflict h~rewith are hereby repealed. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the Iollownig vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, K]uesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitting Collective Bargaining Agre~ merit between the City of Dubuque, Iowa and the General Drivers and I-~lpers Union, Local 421, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member lfluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 125-85 Accepting the Agreement Between the City of Dubuque, Iowa, and the General Drivers and Helpers Union, Local 421, and Authorizing the Mayor to Sign said Agreement WHEREAS, the Sixty-fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employ- ment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local 421. is an employee organization within the mean- ing of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local 421, submitted a request to bargain collectively on behaff of the employees within its representa- tlon; and WHEREAS. bargaining between the parties has occurred and an agreement has been conaluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the terms of the agree- ment be accepted and the Mayor authorized to sign the attached collec- tlve bargaining agreement. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitring Collective Bargaining Agree- ment between the City of Dubuque, Iowa and the Dubuque Professional Fire Fighters Association, Local #353, presented and reacL Council Member Hammel moved that the communica- tion be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem~ hers Beurskens, Deleh, Hammel, Kluesner, Kronfald¢ Manning. Nays--None. Special Session, April 15, 1985 267 RESOLUTION IqOA25-85 Accepting the Agreement between the City of Dubuque, Iowa, and the Dubu- que Professional Fire Fighters Associa- tion, Local 353, and Autheri~ing the Mayor to Sign said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employ- ment Relations Act; and WHEREAS, the Dubuque Profes- eional Fire Fighters Association, Local 353, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the Dubuque Profes- sional Fire Fighters Association, Local 353, submitted a request to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agree- ment has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be accepted and the Mayor authorized to sign the attached collec. tire bargaining agreement. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel~ Kluesner, Kronfaidt, Manning. Nays--None. Communication of City Manager sub- mitting Collective Bargaining Agree- merit between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local #758, presented and read. Council Member Kluesner moved that the communica- tion be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, coUncil Mem- bers Beurskens, Deich, Hammel, Eluesner, Krunfeidt, Manning, Nays--None. RESOLUTION NO. 127-85 AccepCmg the Agreement between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local 758, and Authorh~ng the Mayor to Sign said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Cede of Iowa; and WHEREAS, the City of Dubuque, is a public employer within the meaning of Section 3(1) of the Public Employ- ment Relations Act; and WHEREAS, the InternatioUnl Union of Operating Engineers, Local 758, is an employee organization within the mean- lng of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local 758, sub- mitted a request to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agre~ ment be accepted and the Mayor authorized to sign the attached collec. tire bargaining agreement. Passed, adopted and approved tins 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved 268 Special Session, April 15, 1985 adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub mitting Collective Bargaining Agree- ment between the City of Dubuque, Iowa, and the Dubuque Policemen's Protective Association, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hamme] Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 128-85 Accepting the Agreement Between th~ City of Dubuque, Iowa, and the Dubuque Pollcemen's Protective Association and Authorizing the Mayor to Sign Said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employ- ment Relations Act; and WHEREAS, the Dubuque Policemen's Protective Association is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the Dubuque Policemen's Protective Association aubrnitted a request to bargain collec. tively on behalf of the employees within /ts representation; and WHEREAS, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree- merit be accepted and the Mayor authorized to sign the attached collec- tive bargaining agreement. Passed, adopted and approved this 15th day of April, 1985. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Comlnuhication of City Manager sub- mitting Collective Bargaining Agre~- merit between the City of Dubuque, Iowa, and the Amalgamated Transit Union, Division 329, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 129~5 Accepting the Agreement between the City of Dubuque, Iowa, and the Amalgamated Transit Union, Division 329, and Authorizing the Mayor to Sign Said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employ- ment Relations Act; and WHEREAS, the Amalgamated Tran- sit Union, Division 329, is an employee acganization within the meaning of Sec- tion 3(4) of the Public Employment Relations Act; and WHEREAS, the Amalgamated Tran- sit Union, Divieion 329, submitted a r~- quest to bargain collectively on behalf Special Session, April 15, 1985 269 of the employees within its representa- tion; and WHEREAS, bargaining between the parties has occurred and an agree- reent has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be accepted and the Mayor authorized to sign the attached collec- tire bargaining agreement. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor A~I~EST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Canununication of City Manager sub- mitring Fiscal Year 1986 Compensation Package for Non-Bargaining Unit Employees, presented and read. Coun- dl Member Kluesner moved that the communication be received and filed. Seconded by Council Member Dcich. Carried by tbe fonowing vote: Yeas--Mayor Brady, Council Mem- bets Bourskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 130-85 Adopting the Fiscal Yeor 19~6 Compen- sation Package and Wage Plan for Nonbargaiaing Unit Employees WHEREAS, it has been the practice to provide a compensation package to nonbargeining unit employees similar to the compensation package to be received by bargaining unit employees; and WHEREAS, the proposed compensa- tion package for nonbargaining unit employees for Fiscal Year 1986 represents an increase of 4.5%,.canals. tent with the compensation package to be recelved by all bargaining units in Fiscal Year 1986. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the compensation package and wage plan for nonbargain. lng unit employees for Fiscal Year 1986, which reflects an across the ~oard wage increase of 4.5% effective July 1, 1985, is hereby approved. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor A~I~EST: Mary A. Davis City Clerk Counc'd Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, It3uesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 131-85 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B' BE~R PERMIT 270 Special Session, April 15,1985 Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor A'VrEST: Mary A. Davis City Clerk Council Member Beurckens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Daich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 132-85 WHEREAS, Applications for LiquoJ 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- speeted and found to comply with the State Law and ail City Ordinances rele. vant thereto and they have filed proper bends; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor A'P~EST: Mary A. Davis City Clerk Council Member Beerskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueaner, Kronfeldt, Manning. Nays--None. Group W, Cable submitting informa- tion required pursuant to Ordinance No. 42-81, presented and read. Council Member Beurskens moved that the in-. formation be received and filed. Second- ed by Council Member Khiesner. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kroufeldt, Manning. Nays--None. MINUTES SUBMITTED: Cable Community Teleprogramming Com- mission of 3-7 & 4-2; Dubuque In- Future, Inc. of 4-4; Planning and Zen- /ng Commission of 3-20 & 4-3; Zoning Board of Adjustment, presented and read. Council Member Beurskens mov- ed that the minutes be received and ill- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, gluesner, Kronfeldt, Manning. Nays--None. NOTICE OF CLAIMS AND SUITS: Thomas W. Buelow, in amount of $538.84 for backed-up sewer damages; Theron N. Clark in estimated amount of $370.90 for car damages; Charles W. Isanhart in amount of $53.58 for car damages; Barb Sanner in amount of $1,854.88 for airplane damages; Marguerite M. Roberts in unknown amount for per~onai injuries, presented and read. Council Member Beurskens moved that the claims and suits be referred to the Legal Staff for investiga- tion and report. Seconded by Couned Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- Special Session, April 15, 1985 271 bers Beurskens, Deich, Hammel Kluesner, Kronfoldt, Manning. Nays--None. Communication of Corporatinr Counsel recommending denials of following claims for vaxious reasons: property damage claim of Ariel Austin; property damage claim of Robert Becker; property damage claim of Jef- fery Fink; property damage claim of Robert Kramer; property damage claim of Mickelee Kuntz; property damage claim of Harold Schmitt; personal in- jury claim of Ron Ward; submitting Copy of the Opinion of the Iowa Court of Appeals in the matter of Louis Pfohl vs. City of Dubuque, presented and read. Council Member Beurskens mov- ed that the communication be received and flied and denials approved. Second- ed by Council Member Kluesner. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel recommending denial of sewer back-up claim of Mary Ellen Lyons, presented and read. Council Member Hammel moved that the claim be refer- red back to the Legal Satff for further investigation. Seconded by Council Member Deick. Carried by the follow- Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueaner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel recommending Settlements of following claims: personal injury claim of Robert Eichman in ainount of $132.90; property damage claim of Scott Hemesath in amount of $56.20; property damage claim of John Udell in amount of $87.19, presented and read. Council Member Beurskens moved that the communications be received and fil- ed and settlements approved and Finance Director to issue the proper checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeidt, Manning. Nays--None. Proof of publication of Notices that Sunnnary of adopted City Budget showing intended uses of General Revenue Sharing Funds is available for inspection by the public and llst of claims and expenditures for month of February, 1985, presented and read. Council Member Beurskens moved that the proof be received and filed. Second- ed by Council Member Kluesner. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. REFUND REQUESTED: Robert R. Gross, $25 on unexpired Cigarette License and $833.75 on unexpired Li- quor License; Jerry Turner, $633.75 on unexpired Liquor License, presented and read. Council Member Beurskena moved that the refunds be approved and Finance Director to issue the pro- per check. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Petition of Richard Pitz requesting assistance regarding the parking situs- gion at 760 E. 16th St. (across from FDL Foods), presented and read. Coun- dl Member Beurskens moved that the petition be referred to the City Manager. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending the cancellation and zeleaeing of Contractor's Improvement Bond from Tri-State Paving Co. for Sunset Park Subdivision No. 4, presented and read. Council Member Beurskens moved that the communica- tion be received and filed. Seconded by Council Member Kkiesner. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hammel, Khiesner, Kronfeldt, Manning. Nays--None. 272 Special Session, April 15,1985 RESOLUTION NO. 133.85 WHEREAS, the City Council ap- proved the plat of Sunset Park Sub- division # through adoption of Resulu- tion No. 207-78 on June 19, 1978; and WHEREAS, a Contractor's Im- provement Bond for the construction of public sidewalks naming Tri-State Paving, Division of Dubuque Stone Products Company, Dubuque, Iowa as Contractor and Merchant's Mutual Bonding Company, Des Moines, Iowa as Surety was duly filed in the office of the City Clerk; and WHEREAS, the City Council has determined that the said construction bend is no longer necessary and should be cancelled. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the City Manager be and is hereby authorized and directed to execute any and all documents necessary for the release and cancella- tion of the City's interest in said bond, from Merchant's Mutual Bonding Company. Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, gluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending the C~)ntractor's Ira- provement Bond from Tri-State Paving Co. for Oak Brook Development from Merchant's Mutual Bonding Co., presented and read. Council Member Beurshens moved that the communiea- tion be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- mr, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 134-85 WHEREAS, the City Council ap- proved the plat of Oak Brook Develop- mant, and established a Planned Unit Dovelopment designation for the pro- ject through Resolution No. 229-79 and 223-80, respectively; and WHEREAS, a Contractor's Im- provement Bond for the development naming Tri-State Paving, Division of Dubuque Stone Products Company, Dubuque, Iowa, as Contractor and Mer- chant's Mutual Bonding Company, Des Moinea, Iowa, as Surety was duly filed in the Office of the City Clerk on September 7, 1979; and WHEREAS, said Planned Unit Development designation has since lapsed, new development plans would need to be approved by the Planning and Zoning Commission and the City Council prior to construction. NOW, THEREFORE, BE IT SOLVED, by the Ctiy Council of the Ci- ty of Dubuque, Iowa: Section 1. That the City Manager be and is hereby authorized and directed to execute any and all documents necessary for the release and caneella. tion of the City's interest in said bond from Merchant's Mutual Bonding Com- pany. Passed, adopted and approved this 15th day of April, 1985. dames E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager r~- questing to give preliminary approval of the vacat'mg and sale of the public alley adjacent to the property of Mart'm A. Gansemer, 515 Strauss St., pre- Special Session, April 15, 1~5 273 sented and read. Council Member Beurskens moved that the com- munication be received and filed and recommendation approved. Seconded by Council Member Kluesnar. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manage~ recommending approval of a plat for northerly portion of vacated Rhombarg Ave. recently sold to Susan Balsamo l~esented and read. Council Member Beurskens moved that the communlca- ilon be rec~ved and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dnich, Hammel I~]uesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 135-85 Resolution Approving a Plat of a Sub- division of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot I of Mineral Lot 305A in the City of Dubuque, Dubuque County, Iowa WHEREAS, there has been presented to the City Council of the Ci- ty of Dubuque, Iowa, a plat dated April 4, 1985 prepared by Wallace, Holland, Kastler, Schmltz and Company sub- dividing lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of Mineral Lot 305A; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the Ci- ty of Dubuque, Iowa: Section 1. That the plat dated April '~ 1985 prepared by Wallace, Holland, Kastler, Schmitz and Company, cover lng the real estate hereinabove describ- ed, be and the same is hereby approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on 5ehalf of the City of Duhaque, lowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of th~ Recorder, in and for Dubuque County, Iowa Passed, adopted and approved this 15th day of April, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Bluesoer, Kronfeldt, Manning. Nays--Nune. 9:53 p.m. Council Member Manning moved to go into Closed Session in ac- cardance with Chapter 28A.5(1)(c) of the Code of Iowa to discuss strategy with Council in matters that are presently in litigation, Seconded by Coun~ Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. 10:09 p.m. Council reconvened. There being no further business, Coun~ Member Kronfeldt moved to adjourn. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Meeting adjourned at 10:10 p.m. Mory A. Davis City Clerk Approved ~ _1985 Adopted _1985 Mayor 274 Special Session, April 15, 1985 Council Members ATTEST: City Clerk Special Session, CITY COUNCIL OFFICIAL Special Session, April 29, 1985. Council Met at 5:00 o~chick p.m.. in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Hammel, Kron- feldt, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindabl. Absent at Roll Call: Council Member Deich. Mayor Brady read the call and stated that service thereof had been duly made and th~s Meeting is called for the purpose to convene in a CLOS- ED SESSION TO DISCUSS STRATEGY WITH COUNSEL IN MATTERS THAT ARE PRESENT- LY IN LITIGATION OR WHERE LITIGATION IS IMMINENT WHERE ITS DISCLOSURE WOULD BE LIKELY TO PRE- JUDICE OR DISADVANTAGE THE POSITION OF THE GOVERN- MENT BODY IN THAT LITIGA- TION. 5:02 p.m. Council Member Hammel moved to go into Closed Session (into Board Room, 2nd Floor) under Section 28A.5 of the Iowa Code to discuss strategy with Counsel in matters that are presently in litigation or where litigation is imminent, where its disclosure would be likely to prejudice or disadvantage the position of the government body in that litigation. Seconded by Council Member Kluesner. Carried by the follow/ng Yeas--Mayor Brady, Council Mem- bers Beurskens, Haromel, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member Deich. 6:57 p.m. Council reconvened. Council Member Kronfeldt moved that the City retain the law firm of Beveridge and Diamond to act on the City's behalf. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- ber Beurskens, Hammel, Kfuesner, Kronfeldt, Manning. ,ri129, 1985 275 Nays--None. Abeent--Councll Member Deich. There being no further business, Uouncll Member Kcenfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member Deich. Meeting adjourned at 6:59 p.m. Mary A. Davis City Clerk Approved Adopted 1985 1985 Mayor Council Members ATTEST: City Clerk 276 Regular Session, May 6, 1985 CITY COUNCIL OFFICIAL Regular Session, May 6, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Manning, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent--Council Member Kron~ feldt Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called to act upon such business which may properly come before the Council. Invocation was given by Dr. Lyle Vander Broek, Assistant Professor of the New Testament at the University of Dubuque. PROCLAMATIONS: May 8. as "Youth Leadership Day" received by Kathy McMullen of Group W; May 12-18 as "Preservation Week" received by Paul Peckosh; May 16-19 as "DubuqueFest Days" received by Ruth Nash and Dr. George Kritzman; Month of May as "Mental Health Month" received by Ann Michalski; May 12 as "Mother's Peace Day" received by Gaff Weitz; May 18 as "Hearing and Speech Day" received by Jerry Burds; May 12-18 as "Transportation Week" received by Mark Munson. Mayor Brady swore in Council Member Donald Deich as Mayor Pro- Jerry Guy of the Durrant Group, Inc. presented a status and progress report on the Dubuque Dog Track Facility. Council Member Kluesner moved to suspend the rules to let anyone pre, sent address the Council if they so desire. Seconded by Council Member Hammel. Carried by the fo]lowing Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~uesner, Manning. Nays--None. Absent--Council Member Kron- feldt Proof of publication, certified to by the Publisher, on Notice of Public Hear- ing on FY '86 Section 9 Program of Pro- jects consisting of an Operating Assistance AppL/cant and a Planning Assistance Application, and a Section 5 Capital Assistance Application, presented and read. There were no writ- ten objections received and no oral ob- jectors present at the time of the Hear- ing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Bearskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Absent--Council Member Kron- feldt Proof of publication, certified to by the Publisher, on Notice of Public Hcar- ing to consider a Lease Agreement bet- ween the City and S & S Enterprises for leasing of property located at the corner of West 3rd and Iowa for parking pur- poses only. There were no written o1~ jections received and no oral objectors present at the time of the Hearing. Paula Stenlund of 1295 Prairie stated she was available to answer questions. Council Member Hammel moved that the proof of publication be received and filed. Seconded by Council Member Marming. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Eluesner, Manning. Nays--None. Absent--Council Member Kron- feldt RESOLUTION NO. 136-85 A Resolution approving a Lease Agree- ment for certain Real Property owned by the City of Dubuque commonly known as 335 Iowa Street and authoriz/ng and directing the Mayor to execute said agreement on behnif of the City of Dubuque. WHEREAS, Pursuant to Council Resolution No. 388-84, dated December