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1984 April Council Proceedings108 Special Session March 20, 1984 CITY COUNCIL' OFFICIAL Adjourned Special Session, March 20, 1984. Council Met at 7:00 o'clock p.m., in the City Hall Council Chambers. No members of the Council being present, the Meeting was adjourned subject to call. Mary A. Davis City Clerk Approved _1984 Adopted __1984 Mayor Council Members ATTEST: City Clerk Regular Session, April 2, 1984 109 CITY COUNCIL OFFICIAL Regular Session, April 2, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- poration Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been daly made and this Meeting is THE REGULAR MONTHLY MEETING of the Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Father Timothy Bahakas, Pastor of St. Elias the Prophet Greek Orthodox Church. PROCLAMATIONS: April 2 thru 8 as "Sign Up America Week" received by Rick Baumhover and Scott Tibben; April 8 thru 14 as "National Library Week"; Month of April as "Fair Hous- ing Month"; April 9-16 as "Drunk Driving Awareness Week" received by Cathy Avenarius. Mayor Brady swore in the Youth in Government Officials: Mayor-Sue Kleis; Council Members: Dave Becker, Jim Roddy, David Kennedy, Kaca Pot- tit, Joan Hansen, Ted Stieber; City Manager- Chris Bandy; City Clerk- Ann Hoffman; and Corporation Counsel - Scott Lynch. Council Member Delch moved to sus- pend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammcl, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Notice of Pendency of Resolution of Necessity for Structural Modifications of City Hall, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that tho proof of publication be receiv- ed and flied. Seconded by Council Member Kluesner. Carried by the fofiowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kiueener, Kronfeldt, Marmlng. Nays--None. (Necessity for Improvement) RESOLUTION NO. 51-84 WHEREAS, proposed plans have been duly prepared and approved by the City Clerk showing among other things the plans, specifications and form of contract for the improvement, and an estimate of the cost for the Structural Modifications of City Hall. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from Revenue Sharing Funds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 5th day of March, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally )assed and adopted, as proposed by the City Council this 2nd day of April, 1984. 110 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Khiesner, Kronfeldt, Manning. Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of Con- tract and Cost of Improvements RESOLUTION NO. 76-84 WHEREAS, proposed plans and specifications and form of contract for the Structural Modifications of City Hall have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of ail objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 2nd day of April, 1984; and Regular Session, April 2, 1984 ~E IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 2nd day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. WHEREAS, the City Council met in regular session this 2nd day of April, 1984, at 7:30 p.m. at the City Hail Council Chambers for the purpose of hearing all interested parties and con- sidering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that ail objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. (Ordering Construction) RESOLUTION NO. 77-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 51-84 which was duly passed by this Council for the Struc- tural Modifications of City Hall be and the same are hereby ordered and con- structed by this Council upon its own motion and with or ~without the peri- tion of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said nnprovement be paid from Revenue Sharing Funds. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, approved and adopted this 2nd day of April, 1984. James E. Brady Mayor Regular Session, April 2, 1984 ATTEST: Mary A. Davis City Clerk Council Member Beurekens 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, Krunfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contrac- tors of Receipt of Proposals for con- struction of Structural Modifications of City Hall AND Communication recommending to award contract for above to Conlon Construction Co., presented and read. Council Member Beurskens moved that the proof of publication and com- munication be received and filed. Seconded by Council Member Khies- nar. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Khiesner, Krunfeldt, Manning. Nays--None. (Awarding Contract) RESOLUTION NO. 78-84 WHEREAS, sealed proposals have been submitted by contractors for the modifications of City Hall pursuant to Resolution No. 53-84 and notice to bid- ders published in a newspaper publish- ed in the Cit 9th day of March, t984. WHEREAS, said proposals opened and' read on the 22nd day o March, 1984, and it has been deter- mined that the bid of Cordon Construc- tion Co. of Dubuque, Iowa in the amount of $57,750 was the lowest bid for furnishing of all labor and materials and performing the work as provided in the plans and specifica- tions identified under base bid. Being further understood that additional items representing $35,175 could be associated with the contract as a re- suit of additional structural inspection of City Hall as provided for in the plans and specifications. 111 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contractor for the modifications of Ci- ty Hall be awarded to Cordon Con- struction Co. and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon signing of said contract and approval of the contractor's bond, the City Treasurer is authorized and in- structed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 2nd day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens 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, Kronfuldt, Manning. Nays--None. RESOLUTION NO. 79-84 Resolution Fixing Date for a Meeting on the Proposition of the Issuance of $750,000 General Obligation Bonds (For An Essential Corporate Purpose) of Dubuque, Iowa, and Providing for Publication of Notice Thereof WHEREAS, it is deemed necessary and advisable that the City of Dubu- que, Iowa, should issue General Obligation Bonds to the amount of $750,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential cor- perate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the 112 Regular Session, April 2, 1984 Regular Session, April 2, 1984 113 issuance of the bonds and to receive oral and/or written objections from ~ny resident or property owner of said City to such action; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Council Chambers, City Hal~ Dubuque, Iowa, at 7:30 o'clock P.M., on the 7th day of May, 1984, for the purpose of taking action on the matter of the issuance of $75~000 General Obligation Bonds for an essential co~ porate purpose of said City, the pro- ceeds of which bonds will be used to provide funds to pay costs of reconstruction, extension and ira- provement o fan airport already owned including a hangar, office building and parking lot. Section 2. That the Clerk is hereby directed to cause at least one publica- tion to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: Notice of Meeting of the Council of the City of Dubuque, Iowa, on the Matter of the Proposed Issuance of $750,000 General Obligation Bonds (For An F~sentiai Corporate Purpose) of Said City, and the Hearing on the Issuance Thereof PUBLIC NOTICE is hereby given that the Council of the City of Dubu- clue, Iowa. will hold a public bearing on the 7th day of May, 1984, at 7:30 o'clock P.M., in the Council Chambers, City Hall, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of $750,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of reconstruction, extension and improvement of an airport already owned including a hangar, office building and parking lot. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and con- sidered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 2nd day of April, 1984. Mary A. Davis City Clerk of Dubuque, Iowa lEnd of Notice) Passed, approved and adopted this 2nd day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskene, Deich, Hammel, Kluesner, Manning. Nays--Council Member Kronfeldt. Communication of City Manager submitting documents providing for 1984 Traffic Signal and Street Light Improvements, presented and read. Council member Kinesner moved that the communication 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. (Necessity for Improvement) RESOLUTION NO. 80-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on ftc in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the 1984 Traffic Signal and Street Lighting Improvements. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- s/deration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- c/l and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the street construction fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of April, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved ap- proval of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 81-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, etc. for the 1984 Traffic Signal and Street Lighting Improvements and the pro- bable cost of the improvement is $105,102.06 be hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 2nd day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member K]uesner moved adoption of the Resolution. Seconded by Council Member Manaiv~. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Daich, Hammel, Klueener, Kronfeldt, Mannl~g. Nays--None. (Fixing Date of Hearing ~md Authoriz- ing Advertisement for Proposals) RESOLUTION NO. 82~4 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tlon for the 1984 Traffic Signal and Street Lighting Improvements, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on ftc in the City Clerk's' office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 7th day of May, 1984, a public hearing will be held at 7:30 p.m. in the City Council Chambers, City Hall at which time in- terested persons may appear and be heard for or against the proposed dans and specifications, form of con- tract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published m a newspaper having general circula- tion in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless interested persons at the time of the final consideration of the proposed Resolution of Necessity have filed objections with the City Clerk, they shall be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby 114 Regular Session, April 2, 1984 directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 1st day of May, 1984. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meeting to be held in the City Council Chambers, City Hall at 7:30 p.m. on the 7th day of May, 1984. Passed, approved and adopted this 2nd day of April, 1984. 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, Kronfaldt, Manning. Nays--None. RESOLUTION NO. 83-84 Resolution Authorizing Execution of an Agreement Between the City of Dubuque, Iowa and the Iowa Depart- ment of Transportation Relating to the Modification of Several Traffic Signals Along U.S. Highway 20 and U.S. Highway 52. WHEREAS, the City of Dubuque, Iowa has requested State funning par- ticipation in monification to the traffic signals at White Street (U.S. 52) at 12th Street, Central Avenue (U.S. 52) at 12th Street, Iowa Street IU.S. 52) at 5th Street, Bluff Street (U.S. 52) at 5th Street, Bluff Street (U.S. 52) at 2nd Street, and Dodge Street IU.S. 20) at Wacker Drive, and WHEREAS, the City of Dubuque has requested State participation in replacement of 8" traffic signal heads with 12" traffic signal heads at Cen- tral Avenue (U.S. 52) at 7th Street Central Avenue (U.S. 52) at 5th Street Central Avenue (U.S. 52) at 4th Street Locust Street (U.S. 52) at 4th Street and Iowa Street (U.S. 52) at 4th Street. NOW, THEREFORE, be it resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the attached agree- ment #83. U-078 with the Iowa Depart. ment of T~nsportation, two copies of which are attached, be approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute the agreement for and on behalf of the C~ty Council, Passed, approved and adopted this 2nd day of April, 1984. 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, Klueener, Kronfeldt, Manning. Nays--None. Petition of LaVerne J. Bauer re- questing free parking in the metered zone in the area of Block 5 east of Cen- tral Ave,, presented and read. Mr. Bauer spoke to the petition, Council Member Beurskens moved that the petition be received and filed and matter referred to the City Manager for investigation and report. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Petition of Attorney Leo A. McCar- thy, on behalf of Warehouse Market, Rendall's Foods, Eagle Food Center and Save.U-More Foods, requesting an amendment to Orninance regarding "Unit Pricing" and that a Public Hear- lng be held on said matter, presented and read. Mr. McCarthy spoke to the Petition requesting change to allow super- markets with electronic scanners to delete individual price marking. Regular Session, April 2, 1984 Walter Pregler, 2966 Shiras, Pat Dillon, on behalf of organized labor, PAck Amllng, 1890 Adair, all requested no change in present orninance and en- forcement. Council Member Deich moved that the petition be received and filed and request for Ordinance change and set- ting of P. Hearing be denied. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting two resolutions regarning the loan of Community Development Block Grant Funds to Area Residen- rial Care Foundation, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hamme] Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 84-84 A Resolution Authorizing Acceptance of an Agreement Providing for the Loan of Community Development Block Grant Funds to Area Residen- tial Care Foundation. WHEREAS, the City of Dubuque, Iowa desires to assist Area Residential Care Foundation in the purchase of real property and the enhancement of its economic viability, for the purpose of creating permanent empkiymant op- pertunity for its citizens; and WHEREAS, a Loan Agreement has been executed by Area Residential Care Foundation, and the same is hereto attached ami by this reference made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby author 115 ized and directed to endorse the accep- tance of the City of Dubuque, Iowa upon the Loan Agreement hereto at- toched, providing for the loan of $80,0~0.00 to Area Residential Care Foundation, according to terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse funds according to the Loan Agree- ment from the Community Develop- ment Block Grant Fund. Passed, approved and adopted this 2nd day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 85-84 A Resolution Authorizing Acceptance of an Agreement Providing for the Loan of State of Iowa Community Development Loan Funds to Area Residential Care Foundation. WHEREAS, the City of Dubuque, Iowa desires to assist Area Residential Care Foundation in the purchase of real property and the enhancement of its economic viability by making cer- tain capital improvements, monifica~ tions and repairs to property for the purpose of creating permanent employment opportunity for its citizens; and WHEREAS, a Loan Agreement has been executed by Area Residential Care Foundation, and the same is hereto attached and by this reference made a part hereof; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the aecep- tance of the City of Dubuque, Iowa upon the Loan Agreement hereto 116 Regular Session, April 2, 1984 attached, providing for the loan of $250,060.00 to Area Residential Care Foundation, according to terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse funds according to the Loan Agree- meat from the State of Iowa Communi- ty Development Loan Fund. Passed, approved and adopted this 2nd day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 86-84 Resolution Relating to Acquisition of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company WHEREAS, the City Council on September 26, 1983 adopted a resolu- tion supporting the acquisition of the Milwaukee System by the Grand Trunk Corporation an opposing qnisitlon of the Milwaukee System by the Chicago Northwestern Transpor- tation Company, and WHEREAS, there has been amend- ed acquisition proposals submitted by Chicago Northwestern Transportation Company, the Grand Trunk Railroad and the Soo Line Railroad Company, and WHEREAS, it seems to be in the best interest of the communities to support the proposals submitted by either the Grand Trunk Railroad and/or the Soo Line Railroad Company for the assurance of continuous service to the community and the maintenance of a favorable level of competition, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa Section L That the City supports the plans of the Grand Trunk Company and/or the Soo Line Railroad Company for the acquisition of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company. Section 2. That the Mayor be authorized and directed to execute a verified statement in the name of the City of Dubuque and supporting the conditions outlined in this resolution and then forwarding to the Interstate Commerce Commission~ Passed, approved and adopted this 2nd day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kinesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO, 87-84 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 Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Gregory R. Harwood Harwood's "76" 3198 Central Ave. Trl State Restaurant, Inc. Bonanza Family Restaurant 3350 Dodge St. Passed, approved and adopted this 2nd day of April, 1984. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- Regular Session, April 2, 1984 117 bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 88-84 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be cc- 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- pi(cants a Beer Permit. CLASS "B" PERMIT John G. & Jean Brehm & Volney Hash 1755 Radford Rd. (Also Sunday Sales) CLASS "C" BEER PERMIT William F. Dunne 54 Locust St. (Also Sunday Sales) Passed, approved and adopted this 2nd day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution, Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 89-84 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- pi(cante a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Knighte of Columbus Council 510 781 Locust St. (Also Sunday Sales) John Noon (Noon's Tap) 1618 Central Ave. (Also Sunday Sales) Passed, approved and adopted this 2nd day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resuhitinn. 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. MINUTES SUBMITTED: Airport Comm. of 2-21, 2-29, 3-3; Cable Com- munity Teleprogramming Comm. of 3-6; Dock Board of 3-6; Housing Comm. of 3-20; Human Rights Comm. of 3-3, 3-8, 3-12, 3-20; Human Rights Comm. of 3-3, 3-8, 3-12, 3-20; Park & Rec. Comm. of 3-12; Transit Bd. of 3-8 & Earnings Statement of November, December, January (corrected copies) and February, 1984, Cable TV Regulatory Comm. of 3-14, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Klues- ncr. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfoldt, Manning. Nays--None. NOTICES OF CLAIMS: Arnold Fritsch, in amt. of $989.66 for prope~- 118 Regular Session, April 2, 1984 W damages; Ralph Lyons and Wm. Hos in unknown amt. for property loss; Betty Krieg, in unknown amt. for personal injuries; Marguerite H. Robert in amt. of $500 for personal in- juries; Edward N. & Gladys E. Brimeyer vs. City of Dubuque, Human Rights Comm. et al on various d/vi- sions for punitive damages, presented and read. Communication of Corporation Counsel recommending settlement of property damage claim of Stanley Mahe in amt. of $555.60; Property damage claim of Runald Metz in amt. of $20; Property damage claim of Rick Wiiley in amt. of $29.50, presented and read. Council Member Deich moved that the communications be received and filed and settlements approved and Finance Director directed to issue pro- per checks. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. REFUNDS REQUESTED: Dwaine D. Bowman, $211.25 on unexpired Liquor License, presented and read. Council Member Deich moved that the refund be approved and Finance Director directed to issue proper check. Seconded by Council Member Kluesner. Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel recommending denial of following claims: False Arrest of John and Sharon Ginter; Personal Injury of Sister Mary Catherine Perkins; Wrongful death of Dean M. Seard/no; Personal Injury Claim of Patrieia Stillmunkes; Property damage claim of John North; Property damage claim of Jane Regan, presented and read. Council Member Deich moved that the communications be received and filed and tho denials approved. Second- ed by Council Member Kluesner. Car- fled by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich. Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Assistant City Attorney advising matter is now con- duded involving litigation commenced by Mr. A1 Beyer, presented and read. Council Member Deich moved that the communication be received and fil. ed. Seconded by Council Member Klaesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delah, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager r~- questing the City Clerk be authorized to publish a Public Notice that a sum- mary of the budget as adopted by the City Council is available for public in- spection, presented and read. Council Member Deich moved that the communication be received and fil- ed and publication authorized. Second- ed by Council Member Kluesner. Car- tied by the renewing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammal, Kluesner, Kronfeidt, Manning. Nays--None. Communication of Housing and Ur- ban Development acknowledging receipt of the Grantee Performance Report and receipt of submiseion~for Community Development Block Grant Entitlement Funds for Fiscal Year 1984, presented and read. Council Member Deich moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich~ Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Civil Aeronautics Bd. submitting "Order to Show Cause" regarding essential air service for Ft. Dodge and Mason City, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Regular Session, April 2, 1984 Kluesner. Carried by the following VOte: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Kluesner, Kronfeldt, Marm/ng. Nays--None. Communication of Lois Glover regarding rules and regulations of the City Police Force, presented and read, Council Member Deich moved that the communication be referred to the City Manager. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeidt, Manning. Nays--None. There being no further business, Council Member Hammei moved ~o ad- journ. Seconded by Council Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved __1984 Adopted __1984 Mayor Council Members ATTEST: City Clerk 119 120 Special Session, April 16, 1984 CITY COUNCIL OFFICIAL Special Session, April 16, 1984. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- peration Counsel William G, Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose TO CONDUCT A PUBLIC HEARING ON THE RE- CONSTRUCTION OF JOHN F. KEN- NEDY ROAD FROM PENN- SYLVANIA TO UNIVERSITY AVE- NUE and to act upon such other business which may properly come before the Council. Invocation was given by Rev. David Butler of Westminster Presbyterian Church. PROCLAMATIONS: April 22-28 as "National YWCA Week" received by Jerri Eider; April 29-May 6 as "Days of Remembrance of the Victims of the Holocaust; Week of May 6th as "Public Service Awareness Week". Council Member Kluesner moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing for a Street Improvement designated as the reconstruction of John F. Kennedy Road from Penn- sylvania to University Ave., and Cer- tificate of City Clerk stating certified notices were sent to known property owners on March 30, 1984, presented and read. Council Member Hammel moved that the proof of publication and car- tificate be received and flied. 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. Petitions of Mary Jane Pier, Key Ci- ty Investment Co., Marion Realty Co., Bird Chevrolet Co., Slag-Dubuque Co., Lyle F. & Grace M. Kopp, Midwest Developers, Inc., Patrick C. & Nancy L. Chew, R & S Investment Corp., Holiday Oil Distributing Inc., Lyle F. Kopp, Alfred & Edna Mary Ham- merand, David L. & Mary Jane Driscoll, Thomas D. & Marian Wais and Fred Cheung, objecting to propos- ed Resolution of Necessity for above street improvements, presented and read. Attorney R. Bertech, representing owners of property on Kennedy Road, voiced objection to the method of pay- ment for the project. Council Member Hammel moved that the petitions be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Necessity for Improvement RESOLUTION NO. 65-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the Reconstruction of John F. Ken- nedy Road from Pennsylvania Avenue to University Avenue. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived ell objections pertaining to the regn- Special Session, April 16,1984 121 larity of the proceeding and the legali- ty of using the special assessment pfc- codure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from General Obligation Bonds, the Storm Sewer Construction Fund, the Road Use Tax Fund, and the General Fund and special assessment bonds may be issued in anticipation of deferred payments of assessments when a con~ tract has been performed and ac- cepted, and the proceeds thereof used to pay the contractor. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 19th day of March, 1984. Approved and placed on file for final action. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 90-84 Resolution with Respect to the Adop- tion of the Resolution of Necessity Proposed for the Reconstruction of John F. Kennedy Road From Penn- sylvania Avenue to University WHEREAS, this Council has pro- posed a Resolution of Necessity for the Beconstruction of John F. Kennedy Road project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objec- t~ons have been heard and considera- tion given to ail objections and is pen- ding before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all objec- tions filed or made have been duly con- sidered are overruled. Passed, approved and adopted this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. (Ordering Constructionl RESOLUTION NO. 91-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 65-84 which was duly passed by this Council for the Re- construction of John F. Kennedy Road 122 Special Session, April 16,1984 from Pennsylvania Avenue to Unlver- s/ty Avenue be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of proper- ty owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of making said improvement will be assessed par- tially or totally against privately own- ed property lying within the assess- ment Limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits con- letted. The portion of the cost which shall be borne by the City will be paid from General Obligation Bonds, the Storm Sewer Construction Fund, the Read Use Tax Fund, and the General Fund, and special assessment bonds may be issued in anticipation of defer- red payments of assessments when a contract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 10th day of May, 1984. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meeting to be held at the Carnegie Stout Public Library Auditorium at 7:30 p.m. on the 21st day of May, 1984. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and' after its passage and adoption by the City Council. Passed, approved and adopted this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beucekens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager regarding submission of an application to the U.S. Dept. of HUD for an Urban Development Action Grant for the Dubuque Historic Improvement Co. Project at the Redstone Building, West 5th and Bluff Streets, presented and read. Council Member Beurekens moved that the communication be received and filed. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 93.84 A Resolution Authorizing Publication of Notice of Environmental Review Findings for the City of Dubu- que/Dubuque Historic Improvement Company Urban Development Action Grant Project. WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Ur- ban Development, an environmental review has been processed for the hereinafter identified project to be financed with Urban Development Ac- tion Grant funds; and WHEREAS, an Ad Hoc En- vlronmental Review Committee has, after due consideration, made a deter- minatinn that the project is not a rna- jor Federal action significantly affec- ting the quality of the human environ- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Special Session, April 16,1984 123 Section 1. That the City Clerk be and she is hereby authorized and directed w publish a Notice of Finding of No Significant Effect on the Environment for the "City of Dubuque/Dubuque Historic Improvement Co. Urban Development Action Grant Project", and to make the Environmental Review Record for said project available for public inspectlo~ Such notice shall be in the form of Exhibit "A " hsreW attavhed and made a part h~reof Passed, approved and adopted this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kcenfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 93-84 A Resolution Authoriz/ng Publication of Notice of Public Hearing for the Ci- ty of Dubuque]Dubuque Historic Im- provement Company Urban Develop- ment Action Grant Project. WHEREAS, the City of Dubuque proposes to file with the U.S. Depart- ment of Housing and Urban Develop- ment an appilcation for an Urban Development Action Grant for the Ci- ty of Dubuque/Dubuque Historic Im- provement Company Project; and WHEREAS, the City of Dubuque is required under U.S. Department of Housing and Urban Development rules and regulations and under the Ci- ty of Dubuque Citizen Participation Plan for Urban Development Action Grants to obtain the views of citizens regarding proposed projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That a public hearing shall be held by the City Council on the pro- posed City of Dubuque/Dubuque Historic Improvement Company pro- jeer in the Council Chambers, City Hal~ Dubuque, Iowa at 5:30 p. rf~ on April2~ 19S4. Section 2. That the City Clerk is hereby authorized and directed to publish notice of such public hearing in the Telegraph Herald newspaper. Passed, approved and adopted this 16th day of April, 1984. 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- hers Beurskens, Deich, Hammel, Kluesner, Kronfe]dt, Manning. Nays--None. Petition of Attorney Allan Carew re- questing approval of assignment of Agreement between City and Robert's Foods, Inc. at Five Flags Civic Center to TFM Co., presented and read. Council Member Kluesner moved that the petition be received and filed and assignment approved. Seconded by Council Member Beurskens. Car- ded by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting an Ordinance prohibiting loitering for the purposes of prostitu- tion, 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, Khiesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 15-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY RE- 124 Special Session, April 16, 1984 PEALING SECTION 26-8 THEREOF AND ENACTING A NEW SECTION 26-8 IN LIEU THEREOF PRO- HIBITING LOITERING FOR THE PURPOSES OF PROSTITUTION, presented and read. Council Member Beurskans moved that the reading just had be con- sidered the first reading of the Or- dinance, Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskean, Duich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Duich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 16-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 26-8 THEREOF AND ENACTING A NEW SECTION 26-8 IN LIEU THEREOF PROHIBITING Lei- TERING FOR THE PURPOSES OF PROSTITUTION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Section 26-8 thereof and enacting a new Section 26- 8 in lleu thereof as follows: '~Sec. 26-8. Loitering for the Purposes of Prostitution. (a) For the purposes of this section, the words "public place", "prostitu- riGa"' and "known prostitute and pan- derer" shall be defined as follows: (1) "public place" shall mean any street, sidewalk, bridge, alley, plaza, park, driveway, parking lot, communi- cation facility or transportation facility or the doorway or other opening of any building a~jacent to such places; (2) "prostitution" shall mean the same as set forth in Section 725.1 of the 1983 Cede of Iowa, as amended; (3) "known prostitute or panderer" the date of attest or violation of this offense involving prostitution. (b) No person shnil loiter in, or near any public place in a nmnner in, and under circumstances manifesting the purpose of selling, inducing, enticing, soliciting or procuring another to com- mit an act of prostitution. Among the circumstances which may be consid- ered in determining whether such pur- pose is manifested are that such (1) is a known prostitute or pan- (2) repeatedly beckons to, stop, or attempts to stop or engages passersby (3) repeatedly stops or attempts to stop motor vehicle operators by hail- bodily gesture; (4) repeatedly interferes with the free passage of other persons; or (5) engages in such conduct in a geo- graphic location where previous prosti- (c) The violator's conduct must be intent to induce, entice, solicit or pro- titution. No arrest shall be made for violation of this section unless the arresting officer first affords such per- son an opportunity to exphiin such Section 2. If any of the provisions determined to he illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions. Passed, adopted and approved this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of Apti~ 1984. Mary A. Davis City Clerk It 4/23 Council Member Beurskens moved final adoption of the Ordinance. Special Session, April 16, 1984 125 Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Duich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting contract for Mini-Bus and requesting Mayor be authorized to ex- ecute same, presented and read. Council Member Kluesner moved that the communication be received and filed and authorized Mayor to ex- ecute contract. 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 Corporation Counsel Lindahl requesting Council to determine whether to allow the claim of Arnold Fritsch, if so recommending settisment in the amount of $500, presented and read. Council Member Hammel moved that the commuhication be received and filed and settlement approved in the amount of $500. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Duich, Hammel, Kronfeldt, Manning. Nays--Council Member Kluesner. Communication of City Manager submitting Resolution providing for publication for an opportunity for a design public hearing, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Duich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 94-84 A Resolution Providing for an Oppor- tunity for a Design Public Hearing on the Northwest Arterial from Penn- sylvania Avenue to Asbury Road WHEREAS, a Corridor Location Public Hearing was held on the Nor~ thwest Arterial on June 14, 1978, and WHEREAS, a final Corridor Loca- tion was granted by the Iowa Depart- meat of Transportation on December 4, 1979, and WHEREAS, the construction of the Northwest Arterial from Pennsylvania Avenue to Asbury Road is scheduled for grading in 1984, and for paving in 1985, and WHEREAS, Federal Highway Ad- ministration regulations require that the public be afforded an opportunity for a design public hearing on the facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section L That the City Clerk be in- structed to publish an opportunity for a design public hearing on the No~ thwest Arterial from Pennsylvania Avenue to Asbury Road, which notice shall be published on April 20 and April 27, 1984 in a manner as required by law. The deadline for submission re- quests for a design public hearing shall be May 11, 1984. Passed, approved and adopted this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting resolution authorizing ex- ~cution of a Community Development Block Grant Agreement, presented and read. Council Member Beurskens moved 126 Special Session, April 16, 1984 that the conununication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 95-84 A Resolution Authorizing the Execu- tion of a Community Development Block Grant Agreement with the Department of Housing and Urban Development for Calendar Year 1984. WHEREAS, under provisions of Ti- tle I of the Housing and Community Development Act of 1984, as amend- ed, the City of Dubuque prepared and submitted a Statement of Intent on March 19, 1984 for a Community Development Block Grant; and WHEREAS, the submission has been approved by the Dep?rtment of Housing and Urban Development in the amount of $960,000 for a twelve- month program commencing January 1, 1984. WHEREAS, a Grant Agreement covering the activities proposed to be carried out with Community Develop- ment Block Grant funds has been tendered the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Gr~nt Agre~ men~ authorized by the U.S. Depart- ment of Housing and Urban Develop- meat on April9, 1984, for a Community Development Block Grant to the City of Dubuque is hereby accepte~ Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a Community Development Block Grant Agreement identified as Grant Agree- meat B4~4-MC-19-O004 for submission to the ~S. Department of Housing and Urban Developmen~ Passed, approved and adopted this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beursken8 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. Communication of P & Z approving final plat of Dubuque Industrial Center 5th Addition (property located east of Chavenelle Rd. in Dubuque In- dustrial Center), presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Rronfeldt, Manning. Nays--None. RESOLUTION NO. 96-84 A Resolution Approving the Final Plat of "Dubuque Industrial Center Fifth Addition" in the City of Dubu- WHEREAS, there has been fried with the City Clerk a plat of "Dubuque Industrial Center Fifth Additon" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statues and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plot of"Dubuque Industrial Center Fifth Addition" in the City of Dubuque, Iowa be and the same is hereby approg~d, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, approved and adopted this 16th day of April, 1984. Special Session, April 16, 1984 127 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of P & Z approving final plat of Dubuque Harbor Com- pany's Second Addition (property located on Huff St.) presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 97-84 A Resolution Approving the Final Plat of "Dubuque Harbor Company's Second Addition" in the City of Dubu- que, Iowa. WHEREAS, there has been filed with the City Clerk a plat of "Dubuque Harbor company's Second Addition" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zen- lng Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statues and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of "Dubuque Harbor Company's Second Addition" in the City of Dubuque, Iowa be and the same is hereby approvea~ and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed. approved and adopted this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskons, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of P & Z approving final plat of Hardee's First Addition (property located on the west corner of Dodge & J.F.K. Road), presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Rluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Delah, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 98-84 A Resolution Approving the Final Plat of "Hardee's First Addition" in the City of Dubuque, Iowa; and WHEREAS, there has been filed with the City Clerk a final plat of "Hardee's First Addition" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex~ amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statues and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL 128 Special Session, April 16, 1984 OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of "Hardee's First Addition" in the City of Dubu- que, Iowa be and the same is hereby approvec~ and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, approved and adopted this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens 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, Kronfaldt, Manning. Nays--None. BOARDS AND COMMISSIONS -- Mechanical Code Board - Two 3-Year terms to expire 3-16-87. Applicants: Charles Evanoff, Thomas A. Geisler. Council Member Beurskens moved that Evanoff and Geisler be reap- pointed to the Mechanical Code Board for a three year term to expire 3-16-87. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel Riuesnec, Kronfeldt, Manning. Nays--None. Communication of Clarke College re- questing transfer of their Class "B" Beer Permit from their Student Union to 1550 Clarke Drive (outdoors) on April 27, 1984, AND Communication of Loras College requesting transfer of their Class "B" Beer Permit from thew College Center to Keane Field on May 5, 1984, presented and read. Council Member Beurskens moved that the transfers be approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Counc'fl Mem- bers Beurskens, Dalch, Hammal, Riueaner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 99-84 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 Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Gall M. Latenser Bottoms Up 1602 Central Ave. T. C. S. Corporation The Kegger 3412 Pennsylvania Ave. Passed, approved and adopted this 16th day of April, 1984. 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- hers Beurskens, Deich, Hammni, Riueener, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 100-84 WHEREAS, Applications for Beer permits have been submitted and flied 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 Counc'd of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- pllcants a Beer Permit. CLASS "C' BEER PERMIT Astgen'e Foods, Ltd. 1101 Rhombecg Ave. (Also Sunday Sales) Special Session, April 16, 1984 129 T. C. S. Corporation 3412 Pennsylvania (Also Sunday Sales) Passed, approved and adopted this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bearskens 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. RESOLUTION NO. 101-84 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED. By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- pllcants a Liquor License. SPECIAL CLASS "C" BEER-WINE LICENSE Dubuque Art Association 720 Central Ave. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dubuque First China~ Inc. 626 Main St. {Also Sunday Sales) Donna M. Ginter 1701 Asubry Rd. (Also Sunday Sales) Marco's, Inc. 2022 Central Ave. Gall M. Latenser 1602 Central Ave. Botsford & Ollnger, Inc. 1027 Rhomberg Ave. Jeannine A. Kersch 1555 Central Ave. (Also Sunday Sales) Passed, approved and adopted this 16th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Counc'd Member Beurekens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Riuesner, Kronfeldt, Manning. Nays--None. MINUTES SUBMITTED: Planning and Zoning Comm. of 3-7, Five Flags Comm. of 3-26, Mechanical Code Board of 4-3, Human Rights Comm. of 3-24 & 3-29, presented and read. Council Member Kluesner moved that the minutes be received and filed. Seconded by Council Member Bear- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Lloyd Lubbers, in amt. of $98 for tire damages; Nellie M. Mayne in unknown amount for personal injuries; Hawkeye-Security Insurance, on behalf of their client Wm. Bruggeman, $405.49 for reimbursement of car damages; Daniel W. & Marllyn K. Bauer, in unknown amounts for per- sonal injuries; James T. Cummings vs. City of Dubuque and Mississippi Valley Hockey, Inc. in unknown amount for personal injuries; Brenda Lee Lindecker vs. K.O.M. Production, Inc. et al, in unknown amount for per- sonal injuries, presented and read. Council Member Kluesner moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communications of Corporation Counsel recommending denial of pro- 130 Special Session, April 16, 1984 perry damage claim of Gene and Tim Keaser and denial of property damage claim of Donald J. Herrig, presented and read. Council Member Kluesner moved that the communication be received and filed and denials approved. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Counc'd Mere~ hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims and Expenditures for month of February, 1984, presented and read. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Group W. Cable submitting their 1983 Annual Report in accordance with Ordinance No. 42-81 Sec. 8.2, presented and read. Council Member Kronfeldt moved that the reports be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Auditors submitting their Report for Bethany Home for years ending Dec. 31, 1983 and 1982, presented and read. Council Member Kluesner moved that the report be received and flied. Seconded by Council Member Beur- skens. 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 Notice that a sum- mary of the adopted City Budget showing intended uses of General Revenue Sharivg Funds is available for inspection at various places, presented and read. Council Member Kluesner moved that the proof of publication be recniv. ed and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager regarding handicapped parking, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. There being no further business, Council Member Kronfcidt moved to adjourn. Seconded by Council Member Hannnci. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved 1984 Adopted 1984 Mayor Council Members Special Session, April 16,1984 ATTEST: City Clerk 131 Special Session, April 23, 1984 133 132 CITY COUNCIL Special Session, April 23,1984 Absent--Council Member Hammel. OFFICIAL Special Session, April 23, 1984. Council Met at 5:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Corporation Counsel Wm. G. Hium. Absent--Council Member Hanunel. Mayor Brady read the call and stated that service thereof had been duly made and th/s Meeting is called for the purpose TO CONDUCT A PUBLIC HEARING FOR THE CITY OF DUBUQUE/DUllUQUE HIS- TORIC IMPROVEMENT COM- PANY URBAN DEVELOPMENT ACTION GRANT PROJECT. Council Member Kronfeldt moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. Proof of publication, certified to by the Publisher, on Notice of Public Hearing for the City of Dubuque/ Dubuque Historic Improvement Com- pany Urban Development Action Grant Project, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Paul Peckosh of the Historic Preser- vation Commission outlined the renovation plans for the Redstone, re. questing adoption of the Resolution. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 102-84 A Resolution Authorizing the Filing of an Application for m~ Urban Develop- merit Action Gra~t for the City of Dubuque/Dubuque Historic Improve- ment Company Project. WHEREAS, the Dubuque Historic Improvement Company proposes to restore and renovate the property at 504 Bluff Street, known as the "Redstone" for use as a 16-room inn; and WHEREAS, it has been determined that said proposal will not be feasible without non-locel assistance; and WHEREAS, the City of Dubuque in cooperation with the Dubuque Historic Improvement Company, has prepared an Urban Development Ac- tion Grant application for the purpose of obtaining the needed non-local assistance for the proposed project. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby authorizes the filing of an U~ ban Development Action Grant ap- plication with the Department of Housing and Urban Development in- eluding all the understandings and assurances contained thereir~ Said ap- plication shall request an Action Grant award for the purpose of assisting in renovation and restoration of the property at 504 Bluff Street, known as the "Redstone". Section 2. That the Mayor is hereby authorized and directed to act as the official representative of the City of Dubuque in connection with said Ur ban Development Action Grant ap- plication~ and to provide such addi- tlonal information as may be requested by the Departmen~ of Housing and Ur~ ban Development. Passed, approved and adopted this 23rd day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- fled by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Absent--Council Member Hammel. Mary A. Davis City Clerk Approved 1984 Adopted 1984 Mayor Council Members ATTEST: City Clerk 134 Special Session, April 30, 1984 CITY COUNCIL OFFICIAL Special Session, April 30, 1984. Council Met at 7:00 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- peration Counsel William G. Binm. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose TO CONSIDER A RESOLUTION SETTING A PUB- LIC HEARING ON THE PRO- POSAL TO ISSUE MEDICAL CLINIC REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $325,000 (HALL AND ECKHART PROJECT) and acting upon such other bus~n~ss which may properly come before the Council. Petition of Attorney Gary Norby, on behalf of James Hall M.D. and Teresa Eckhart M.D. requesting considera- tion for the issuance of Medical CUnic Revenue Bonds in an amount not to exceed $325,000, presented and read. Council Member Beurskans moved that the petition be received and fried. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 103.84 A Resolution Regarding the IssuanCe of Not to Exceed $325,000 in Ag- ~regate Principal Amount of Medical Clinic Revenue Bonds (Hall & Ecldutrt Project) Series 1984 of the City of Dubuque, Iowa, Directing Publication of Notice of Intention to Issue, Calling n PubUc Hearing on the Proposal to Issue said Bonds and Authorizing Ex- ecutinn of a Memorandum of Agree- ment. WHEREAS, the City of Dubuque, Iowa (the "City") is a municlpal cor- puration organized and existing under the laws and the Constitution of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (the "Act"), to issue Medical Clinic Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be us- ed to defray all or a portion of the cost of acquiring, constructlng, improving and equipping a "Project" as that term is defined in the Act, suitable for use as a medical clinic; and WHEREAS, the City has been re- quested by James C. Hall, M.D., and Teresa A. Eckhart, M.D., individuals and residents of the State of Iowa (the "Company"l, to authorize and issue its Medical Clinic Revenue Bonds put- suant to the provisions of the Act for the purpose of defraying all or a per- tion of the cost of acquiring, construc- ting and equipping a medical clinic facility to be located on Mazzuchcili Street between Cardiff Street and James Street within the City and to be used by physicians as an office building to provide health care Itbe "Project"), which Project will be leas- ed to Ob-Gyn Services, a medicni part- nership; and WHEREAS, the City has determin- ed that there is a public need in the Ci- ty and its environs for a medical clinic as proposed by Company to provide additional health care and medical ser- vices in the City which will add to the welfare and prosperity of the City and inhabitants; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shah not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of, terest and premium, ff any, on the Bonds shall be payable solely out of ~ derived from the Project to be financed by the Bonds; and WHEREAS, there has been presented to the Council a Memoran- dum of Agreement, attached hereto as ExMbit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processiv4~ and issuance of the City's Medical Clinic Revenue Bonds IHall & Eckhart Pro- ject) Series 1984, and the City believes it desirable and in its best interest that said Memorandum of Agreement be Special Session, April 30, 1984 135 executed for and on behalf of the City; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provid- ed by Section 419.9 of the Act and by Section 103(k) of the Internal Revenue Code of 1954, as amended, (the "Code"). NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Coun- cil of the City of Dubuque, Iowa, as foUows: Section 1. A public hearing shall be conducted on May 21, 1984, at Z'30 P.M., in open regular session before this City Council in the Public Library Auditorium, City of Dubuque, Iowa, on the proposal to issue not to exceed $325,000 in aggregate principal amount of the City's Medical Clinic Revenue Bonds (Hall & Eckhart Pro- jeer/Series 1984, pursuant to the provi- siena of the Act, for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping the Projec~ including necessary expenses incidental thereto, and all local residents who appear at ~zid hearing shall be given an oppo~ tunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any ad. journment thereof, this City Council shall adopt a resolution determining whether or not to proceed with the is- suance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Telegraph-Herald, a legal newspaper published and having a general circula~ t~on within the City, a Notice of lnten- tion to issue said Bonds in substantial- ly the following fortr~. Notice of Public Hearing on Intention to Issue Medical Clinic Revenue Bonds (Hall & Eckhart Project) Notice is hereby given that a public hearing win be conducted before the Council of the City of Dubuque, Iowa, at an open regular meeting in the Pub*i lic Library Auditorium of said City at 7:30 P.M., on May 21, 1984, on the proposal to issue not to exceed $325,000 in aggregate principal amount of the City's Medical Clinic Revenue Bonds (Hall & Eckhart Pro- ject) Series 1984, pursuant to the pro- visions of Chapter 419 of the Code of Iowa and Section 1031k) of the Inter- nal Revenue Code of 1954, as amend- ed, for the purpose of defraying all or a portion of the cost of acquiring, con- stricting and equipping a medical clinic facility to be located on Maz- zuchelli Street between Cardiff Street and James Street within the City and to be used by physicians as an office building to provide health care Ithe "Project"). The proposed medical clinic facility will be owned by James C. Hall, M.D., and Teresa A. Eckhart, M.D., individuals and residents of the State of Iowa (the "Company") and leased to Ob-Gyn Services, a medical partnership. It is contemplated that a Loan Agreement will be entered into between the City and Company, under which the City would loan to said Com- pany the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the in- retest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an oppor- tunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any ad- journment thereof, the Council of said City shall adopt a resolution determin- ing whether or not to proceed with the issuance of said Bonds. By order of the City Council. Mary A. Davis, Clerk of the City of Dubuque, Iowa Section 3. The City recognizes that regulations promulgated under Sec* tion 103 of the Code, may require the taking by this City Council of official 136 Special Session, A ,ri130, 1984 action or "some other similar official action", if interest on Medical Clinic Revenue Bonds issued by the City and used to acquire, construct and improve such Project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolu- tion is intended to constitute solely for federal income tax purposes official ac- tion or "some other similar official ac- tion'' with respect to the issuance of such Bonds. Section 4. That in order to assure the acquisition and renovation of the pro~ posed medical clinic in the City of Dubuque, Iowa, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and direetad to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authoriged to test the same and to affix the seal of the City thereto and said Memoran- dum of Agreement is hereby made part of this Resolatiom Section 5. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and ad- canoes toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the pro- ceeds of the Bonds when and if delivered, but otherwise without liability on the par~ of the City. Section 6. That officials of the City are hereby authorized to take such fu~ ther action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 7. All resolutions and orders or parts thereof in conflict herewith are, to the extent of such conflic~ hereby repealed, and this Resolution shall be in full force and effect im- mediately upon its adoption. Adopted and approved April 30, 1984. City of Dubuque, Iowa By James E. Brady, Mayor ATTEST: Mary A. Davis. City Clerk EXHIBIT "A" Memorandum of Agreement THIS MEMORANDUM OF AGREEMENT is between the City of Dubuque, in Dubuque County, Iowa, ~arty of the first part (hereinafter referred to as the "City"), and James C. Hall, M.D., and Teresa A. Eckhart, M.D., individuals and residents of the State of Iowa, party of the second part hereinafter referred to as the "Com- 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the pro- visions of Chapter 419 of the Code of Iowa (the "Act"), to issue Medical Clinic Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping facilities suitable for use as a medical clinic. {b) In order to provide for additional health care services for the in- habitants of the City and to add to the welfare and prosperity of the City and if such inhabitants, the City proposes to loan to the Company funds for ac- quiring, constructing and equipping a medical clinic facility to be located on Mazzuchelli Street between Cardiff Street and James Street within the ty and to be used by physicians as an office building to provide health care (the "Project"); and (c) It iz considered essential that ac- quisition and construction related to the Project commence at the earliest practicable date, and that orders be placed for acquiring the necessary ira- provements, materials and equipment. At the same time, in view of the dif- ficulty of obtaining other satisfactory financing for the Project, the Com- )any desires satisfactory assurances from the City that the proceeds from the sale of Medical Clinic Revenue Bonds of the City will be made available in an amount sufficient to finance all or a portion of the cost of the Project, which cost, including the Special Session, April 30, 1984 137 expenses related to the issuance of the Bonds, is presently estimated not to exceed $325,000. (d) Representatives of the City have indicated the willingness of the City to proceed with and effect such financing as an inducement to the Company to proceed with the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtain- Lng of all necessary consents and ap- provals and to the happening of all acts, conditions and things required to exist, happen and be performed prece- dent to and in connection with such financing in due time, form and man- ncr as required by law, the City, by vir- tue of such statutory authority as may now exist or may hereafter be confer- red, will issue and sell its Bonds in an amount sufficient to finance all or a portion of the cost of the Project. (e) The City considers that the undertaking of the Project will provide medical services and health care op- portunitice for the inhabitants of tho City and add to the welfare and pro- sperity of the City and that of its in- habitants. 2. Undertakings on the Part of the City. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds, pursuant to the terms of the Act as then in force, in an aggregate principal amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $325,000. (b) That it will cooperate with Com- pany to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize tho execution of such documents as may be necessary or ad- vlsable for the authorization, issuance and sale of the Bonds and the financ- fug of the Project as aforesaid, and the entering into a Loan Agreement with the Company with respect to the Pro- ject, ail as shall be authorized by law and mutually satisfactory to the City and the Company. {c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of, premium, if any, and interest on the Bonds) pay- able under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be re- quired to implement the aforesaid nadertakinge or as it may deem ap- proprlato in pursuance thereof. 3. Undertakings on the Part of the Company, The Company agrees as follows: (a) That it will cooperate with the Ci- ty to sell the Bonds in an aggregate principal amount as above stated; pro- vided, however, that the terms of the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b) That is has not, prior to the ex- ecution of this agreement and the tak- ing of "official action" toward the is- suance of the Bonds by the City, quired or commenced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimburs- ed from the proceeds of the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or con- tracts for the acquisition, construe- tion, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Bonds it will execute a Loan Agreement with the City under the terms of which the Company or its al- fillate will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such instru- merit to contain other provisions re- quired by law and such other provision as shall be mutually acceptable to the City and the Company or its affiliate. (d) That unless specifically waived by the City, the Company win arrange for the Bonds to be issued pursuant to an Indenture of Trust between the Ci- ty and a corporate trustee acceptable to the City. Special Session, April 30, 1984 (e) That it will take such further ac- tion and adopt such further pro- ceedings as may be required to imple- ment its aforesaid undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before January 1, 1986 (or such other date as shall bo mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the pro- ceedings referred to in paragraphs 2 and 3 hereof. lb) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any exten- sion thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of- pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance or preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the condi- tions that the City, and its elected and appointed officials, shall in no event in- cur any habillty for any act or omis- sion hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional provi- sion or statutory limitation and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the par- ties hereto have entered into this Agreement by their representatives thereunto duly authorized as of the 30th day of April, 1984. City of Dubuque, Iowa By James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Hall & Eckhart Individuals and Residents of the State of Iowa By: James C. Hall, M,D. By: Teresa A. Eckhart, M.D. Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bere Beurskous, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 104-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled with the provislons of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to soil Cigarettes and Cigarette Papers within said City. Benedict F. Erschan Benny's Steak House 2617 University Ave. Passed, approved and adopted this 30th day of April, 1984. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Bourekens, Deich, Hammel, Kluesner, Manning. Nays--Mayor Brady, Council Mem- ber Kronfeldt. RESOLUTION NO. I0C~4 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the Special Session, April 30, 1984 139 same have been examined and approv- ed; and WHEREAS, The premises to be pc- 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" BEER PERMIT Edward F. Morine Submarina 3265 Central (Also Sunday Sales) CLASS "C" BEER PERMIT Astgen's Foods, Ltd. 1101 Rhomberg (Also Sunday Sales) Passed, approved and adopted this 30th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption for the Resolution. Seconde~ by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 106-84 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances mlevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named aF plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Benedict F. Erschen Benny's 2617 University (Also Sunday Sales) Mina Inc. J.W. Rumphf's 2620 University (Sunday Sales Only) Passed, approved and adopted this 30th day of April, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurekens, Deich, Hammel, Kluesner, Manning. Nnys--Mayor Brady and Council Member Kronfeldt on B. Erschen only. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved _1984 Adopted _1984 Mayor