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1984 May Council Proceedings140 Special Session, April 30, 1984 Council Members ATTEST: City Clerk Regular Session, May 7,1984 141 CITY COUNCIL OFFICIAL Regular Session, May 7, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Dsich, Hammel Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Car- ' porution Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly 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 Father Dean Walz, Vice Chancellor of the Archdiocese of Dubuque. PROCLAMATIONS: May 18 and 19 as "Buddy Poppy Sale Days" received by Leo Donovan; May 13 thru 19 as "Transportation Week" received by Walter Katuin; May 6 thru 12 as "Na- tional Volunteer Week" received by Sharon Heller; May 12-13 as "Millions of Moms Vote for Survival '84" receiv- ed by Paula Resch; May 23 as "Foster Grandparent Day" received by Fondu Coreon. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Klucenec. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on the issuance of $750,000 General Obligation Bonds {for an essential corporate purpose) for Air- port Improvements, presented and mad. There were no written objections received. Council Member Hammel moved to receive and file the proof of publication. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Manning. Nays--Council Member Kronfeldt. RESOLUTION NO. 107-84 Resolution instituting proceedings to take additional action for the issuance of $7~0,000 general obligation bonds. WHERI~AS, pursuant to notice published/ as req~iired by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $750,000 General Obligation Bonds for the essential corporate purpose of paying costs of reconstruction, exten- sion and improvement of an airport already owned including a hangar, of- fice building and parking lot, and has considered the extent of objections reCeived from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof.' NOW, THEREFORE, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby instituta proceedings and takes additional action for the sale and is. suance in the manner required by law of $750,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. The Clerk is authorized and directed to pmceed on behalf of tho City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear ap- propriata, to publish and distribute the same on behalf of the City and this Council and otherwise to take all ac- tion necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council Passed and approved this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved 142 adoption of the Resolution. Seconded by Conner Member Daich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesnor, Manning. Nays--Council Member Kronfeldt. RESOLUTION NO. 108-84 Resolution directing the advertise- ment for sale of $750,000 general obligation bonds. WHEREAS, the City of Dubuque, Iowa, is in need of funds to pay cost of reconstruction, extension and im- provement of an airport already owned including a hangar, office building and parldng lot, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $750,000 as authorized by Section 384.25 of the Ci- ty Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on May 7. 1984, upon the proposal to institute pro- ceedings for the issuance of the above described bonds, and ail objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said bonds, and that such action is considered to be in the best interests of said City and the residents thereof NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bonds hereinafter described be offered at public sale, pu~ suant to advertisement required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said bonds on two days, which need not be successive, one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Dubuque Telegraph Herald, a legal Regulsr Session, May 7, 1984 newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council on the 4th day of June, 1984, at 7:30 o'clock P.M., will hold a meeting to receive and act upon bids for said bonds; said notice to be in substantially in the form attach. Passed and approved this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hannnel 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, Manning. Nays--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on pendency of Resolution of Necessity for 1984 Traffic Signal and Street Lighting Improvements, ~reeented and read. There were no written objections received. Council Member Kluesner moved that the proof of publication be recaiv- ed and filed. Seconded by Council Member Manning. Carried by the folinwlng vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, I~ammel, 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 file 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 hnprovements. Regular Session, M~y 7, 1984 143 BE IT THEREFORE RESOLVED that the City Council deems it ad- visuble 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, speciflca- tions, contract or estimated cost of th, improvement, they shall ha deemed to have waived ali 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 fac 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 introduc- ed, 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 Kinesner moved final adoption of the Resolution. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mere4 bars Beurskens, Deich, Hammel Klueener, Kronfeldt, Manning. Nays--None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements. RESOLUTION NO. 109-84 WHEREAS, proposed plans and specifications and form of contract for the 1984 Traffic SignM and Street Lighting Improvments have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertain- lng to public contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 7th day of May, 1984; and WHEREAS, the City Council met in regnlar session this 7th day of May, 1984, at 7:30 p.m. at the City Council Chambers, City Hall for the purpose of hearing ail interested parties and con- sidering any and ali 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~ ail interested parties have been given an opportunity to be beard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions wMch been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overrnled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon ail objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of ~ermanent record in connection with said improvement. Passed, approved and adopted this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Momber Klueener moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. (Ordering Construction) RESOLUTION NO. 11~84 BE IT RESOLVED BY THE CITY 144 Regular S~ssion, May 7, 1984 COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 80-84 which was duly passed by this Council for the 1984 Traffic Signal and Street Lighting Im- provements 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 the said improvement be paid from the street construction fund, BE IT FURTHER RESOLVED that this resolution being deemed argent 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 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Councii Member Kluesnar moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammal, Klaesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contrac- tors of Receipt of Proposals for con- struction of 1984 Traffic Signal and Street Lighting Improvements presented and read. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Manning. Carried by the f~llowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesnar, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending to award contract far above to Weetphal and Co., Inc. - 27% under estimate, presented and reed. Council Member Klueener moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: yees--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Hummel moved to leave lights on the side of the poets on three locations. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskans, Dnich, Hummel, Klueener, Kronfaldt, Manning. Nays--None. (Awarding Contract) RESOLUTION NO. 111-84 WHEREAS, sealed proposals have been submitted by contractors for the 1984 Traffic Signal and Street Lighting Improvements parsnant to Resolution No. 110-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on 12th day of April, 1984. WHEREAS, said sealed proposals were opened and reed on the let day of May, 1984, and it has been determined that the bid of Weetphal and Com- pany, Inc. of Dubuque, Iowa in the amount of $37,539.98 was the lowest bid for the inrniahing of all labor and materials and performing the work az provided for in the plane and specifica- tions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above- mentioned improvement be awarded to Westpbel & Company, inc. and the Manager be and is hereby directed to execute a contract on behalf of the Cf- ty of Dubuque for the complete perfor- manca of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- Regular Session, May 7, 1984 tract and the approval of the contrac- Wr's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccesaful bidders. Passed and approved this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis city Clark Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Manning. Carried the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing Council authorization to sub- mit an operating assistance applica- tion to the Iowa State public Transit Division and to set a date for Public Hearing on the application, presented and read. Council Member Hannnel moved that the communication be received and filed and that a Public Hearing be set for May 21, 1984 at the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 112-84 Authorizing submission of an applica- tion for operating assistance with the Iowa Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Mayor is hereby authorized and directed to execute an application for operating assistance for Fiscal Year 1985 for transit opera. tions to be submitted to the Iowa Department of Transportation on May 145 Section 2. That the City Clerk is hereby authorized and directed to publish notice ofa public heating to be held at Z.30 P.M. on May 21, 1984 at the Carnegie Stout Public Library on such applicatior~ Passed, approved and adopted this 7th day of May, 1984, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hummel moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klueener, Kronfeldt, Manning. Nays--None. Commuhieation of Planning and Zoning proposed Zoning Map amend- ment for Julien Dubuque Drive Plann- ed Industrial District for property located on South Juilen Dubuque Drive, presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekans, Delah, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending Zen- lng Ordinance and Map by reclassify- mg properties along Juben Dubuque Drive from their current zoning classifications to PI Planned In- dustrial District to be known as "Juilen Dubuque Drive Planned In- dustrial District", presented and read. Council Member Hummel moved that the feeding just had be con- sidered the first reading of the Or- dinance, that the rule requiring an Or- dinance to be presented and read at two meetings prior to the meeting when final action is taken, be dis- )ensed with. Seconded by Council Member Kluesner. Vote on motion was as follows: Yeas--Council Members Beurskens, Hammel, Kluesnar, Kronfeldt, Mann- 146 Nays--Mayor Brady, Council Member Deich. MOTION FAILED DUE TO LACK OF A aA VOTE. Couocfl Member Hammcl moved that the reading just had be con- s/doted tho first reading of the Or- dinanec. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Hammel, Klueaner, Kronfeldt, Manning. Nays--Council Member Deich. Communication of City Manager recommending sale of a portion of Water Division West Third St. proper- ty on Mazzuchelll St. in amount of $5,740, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskeas, Kluecncr, Kronfcidt, Manning. Nays--Council Members Deich, Hammel. Council Member Bearskens moved that a Public Hearing be set on the matter on May 21, 1984 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law, Second- ed by Council Member Kluesner. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Kluesner, Kronfeldt, Manning. Nays--Council Members Deich, HammeL Communication of City Manger sub- mltting documents providing for the 1984 Asphalt Paving Project, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfcidt, Manning. Regular Session, May 7,1984 Nays--None. ~Neecssity for Impeovemenl RESOLUTION NO. 113-84 WHEREAS, proposed plans been duly prepared and the City que and ere now o the City Clerk showing things the plans, specfilcatian~ of contract, estimated cost preliminary plat and the amount against each lot and each lot as fixed by the City for the 1984 Asphalt Pavin~ BE IT THEREFORE that the City Council deems visable and necessary for the welfare to make the improvement, and unless owners at the time of the final sideration of this have on file tions to the recolutio~ they shell be deemed to all objections pertaining to regularity ty of using the special assessment cedure. Said improvements shall be structed and done in I the plans and specifications have been approved b~ cll and are now on file u Clerk. That the cost and making said improvement assessed partially or totally privately owner property the assessment limits, and in amount not to exceed that law, and in proportion to benefits conferred. The portion of the be borne by the Cit~ the Road Use Tax Fund, Sharing Fund, and the ment bonds ma~ tion of deferred payments assessments when a ceeds thereof used to pa) tor. The above resolution ed, approved and ordered with the City Clerk this 7th day May, 1984. Regular ~eesion, May 7, 1984 147 Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klucener moved ap- Seconded by ~ouncll Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Elucener, Kronfeldt, Manning. Nays--None. , Etc.) RESOLUTION NO. 114-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, form of contract, plat and schedule, including valuations appearing thereof, in- cluding ail items of material and work for the City of Dubuque 1984 Asphalt Paving Project with the estimated cost of the improvement to be $1,784,342.98, ere hereby approved and ordered filed in the Office of the City Clerk for public inspection, and ere to be considered part of tiffs Resolution. Passed, adopted and approved this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Kluesner 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, Kronfoldt, Manning. Nays--None. RESOLUTION NO. 115-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the attached sheets, No. I through 39 inclusive, are hereby determined to be the schedule of pro- posed assessments for the City of Dubuque 1984 Asphalt Paving Projec~ and the valuations set out therein, are hereby approved. Adopted this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskene, Deich, Hammel, Kluecner, Kronfeldt, Manning. Nays--None. (Fixing Date of Hearing) RESOLUTION NO. 116-84 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of con- t~act and placed same on file in the of- fice of the City Clerk for public inspec- tion, for the 1984 Asphalt Paving Pro- jeer, and, WHEREAS, the proposed Resolu- tion of Necessity for saldimprovement has been introduced and is now on file in the City Clerk's office for public in- spection, NOW, THEREFORE, BE IT RESOLVED, that on the 4th day of June, 1984, a public hearing will he held at 7:30 o'clock p.m. in the Five Flags Civic Center in the City of Dubu- que at which time the or, ere of pro- petty ~subject to assessment for the proposed improvement or any other ~erson having an interest in the mat- ter may appear and be heard for or against the making of the improve- ment, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk he and is hereby authorized and directed to cause a notice of time and place of such hearing to he published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall he published once each week for two 148 Regular Session, May 7, 1984 consecutive weeks, the first publica- tion of which shah be not less than ten days prior to the day fixed for its con- sideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner 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, Kronfaidt, Manning. Nays--Nane. Communication of City Manager submitting Resolution providing for proposed Amendment to the Fiscal Year 1984 Budget, presented and read. Council Member Hammel 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, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 117-84 Resolution directing the City Clerk to publish proposed amendment to the Fiscal Year 1964 budget and date of public hearing. WHEREAS, it is proposed that the City of Dubuque amend its Fiscal Year 1984 budget; and WHEREAS, Section 384.16, Code of Iowa, stipulates that a public bearing must be held on such a budget amend- ment. Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to th~ adopted budget for the City of Dubuque, lowa Passed, approved and adopted this 7th day of May, 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. rled by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskans, Daich, Hammel, Kluesner, Kconfeldt, Manning. Nays--None. Communication of Dept. of Corrso- tional Services submitting final Resolution providing for issuance of Industrial Revenue Bonds in the amount of $765,000, presented and 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, Daich, Hammel, K[uesner, Kconfaidt, Manning. Nays--None. RESOLUTION NO. 118-84 A RESOLUTION AUTHORIZING THE ISSUANCE OF A $765,~0 In. dastrlai Development Revenue Bond (First Judicial District Department of Correctional Services Project) OF THE City of Dubuque, FOR THE PURPOSE OF MAKING A LOAN TO ASSIST First Judidnl Distriet Department of Correctional Services IN THE FINANCING OF COSTS OF A "PROJECT" WITHIN THE MEANING OF CHAPTER 419, CODE OF IOWA; PROVIDING FOR THE ASSIGNMENT OF AND GRANT OF A SECURITY IN- TEREST IN REVENUES EOR THE PAYMENT OF THE BOND TO FUB- THER SECURE THE PAYMENT OF THE BOND; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT PERTAIN- ING TO THE PROJECT; AND Reguhtr Session, May 7, 1984 149 AUTHORIZING THE ACCEP- TANCE OF A MORTGAGE AND SECURITY AGREEMENT AND AN ASSIGNMENT THEREOF AND OF THE LOAN AGREEMENT FOR SECURING FURTHER THE PAY- MENT OF THE BOND. WHEREAS, the City of Dubuque, by virtue of the laws of the State of Iowa, including Chapter 419, Code of Iowa, is authorized and empowered, among .other things, (a) to issue revenue bonds for the purpose of mak- ing a loan to assist in the financing of costs of acquiring, constructing, equipping, improving and installing a "project", as defined in Section 419.1 of the Code of Iowa, comprising a facility, (b) to enter into a loan agrso- ment and to accept security interests to evidence and secure such in- debtedness and to provide for "revenues", as defined in said Section 419.1, sufficient to pay the principal of, premium, if any, and interest of such revenue bonds, (c) to secure such revenue bonds by an assignment of and grant of a security interest in revenues, as provided for herein, and (d) to enact this Bond Legislation and enter into the Loan Agreement and the acceptance and assignment of the Mortgage and to execute and deliver the Assignment, ail as hereinafter defined, upon the terms and conditions provided therein; NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa as follows: Section 1. Definitions. In addition to the words and terms elsewhere defined in this Bond Legislation, in the Mow tgage or in the Agreemen~ the follow- lng words and terms as used in this Bond Legislation shall have the follow. lng meanings unless the context or use clearly indicates another or different meaning or intent: "Act" means Chapter 419 of the Code of lowa, as enacted and amendec~ "Amendment" means the Loan Agreement between the Issuer and the Company, dated as of May 1, 1984, as the same may be amended from time io time in accordance with the applicable provisions thereof. "Assignment" means the Assign- merit of the Mortgage, the Agreement and the Revenues, of even date with the Agreement and Mortgage, from the Issuer to the Holder. "Authorized Company Represen. tative" means the person at the time designated pursuant to the Agreement to act on behalf of the Company. "Bond Legislation" means this resolution as the same may from time to time be lawfully amended or sup- plomented. "Bond service charges" for any time period means the prinoipa~ interest and prepayment or redemption premium~ if any, required to be paid by the Issuer on the Project Bond for such time perioc~ "Code" means the Internal Revenue Code of 1954 as amended and references to the Code and Sections of the Code shall include relevant regula- tlons and proposed regulations thereunder and any successor provi- sions to such Sections, regulations or proposed regulations. "Company" means First Judicial District Department of Correctional Services, a public agency of the State of Iowa as authorized by Chapter 905, Code of Iowa, 1983, and its lawful suc- cessors and assigns. "Construction Fund" means the Construction Fund created by Section 6 hereof "Eligible Investments" means, to the extant permitted by law and in ac- cordance with the provisions of the Bond Legislation (i) obligations issued or guaranteed by the United States of America,. {ii} obligations issued or guaranteed by any person controlled or supervised by and acting as an in- strumentalily of the United States of America pursuant to authority granted by the Congress of the United States of America; (iii} obligations issued or guaranteed by any state of the United States of America, or the District of Columbia, or any political subdivision of any state or distrla$' (iv) prime commercial paper; (v) prime finance company paper,. {vi} bankers adceptances drawn on and accepted by banks organized under the laws of any state or of the United States of America which have a combined capital and surplus and undivided pro- fits and reserved of at least $5,000,000; (vii) repurchase agreements fully 150 Regular Session, May 7, 1984 secured by obligations issued or guaranteed by the United States of America,. and (viii) certificates of deposit or savings accounts issued by banks organized under the laws of any state or of the United States of America, including the Holder, which have a combined capital and surplus and undivided profits and reserved of at least $5,000,000; provided that any such investment or deposit is not pro. hibited by applicable law. "Executive" means the Mayor of the Issuer. "Financial Institution" means any life or casualty insurance company or any state or federally chartered mereial bank, savings and loan association or mutual savings assoclo- tion insured by either the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporatio~ "Fiscal Officer" means the City Treasurer. "Holder" means the Original Pu~ chaser as the initial holder of the Pro- ject Bond and the Mortgage and its lawful successors, or, in the event of transfer and assignment permitted by the terms of the Project Bond, the Financial Institution at the time holding the Project Bond and the Mortgage. "Issuer" means the City of Dubu- que, "Legal Officer" means the City At- torney of the Issuer. "Legislative Authority" means the City Council of the Issuer. "Loan" means the loan by the Issuer to the Company of the proceeds from the sale of the Project Bond. "Loan Payments" means the amounts required to be paid by the Company in repayment of the Loan pursuant to the provisions of Section 41 of the Agreement "Mortgage" means the Open-End Mortgage and Security Agreement dated as of May 1, 1984, executed and delivered by the Company to the Issuer and assigned by the Issuer to the Holder, as the same may be amend- ed from time fo time in accordance with the applicable provisions thereof "Original Purchaser" means The First National Bank of Dubuque. "Person" means a natural person, firm, association, corporation or a public body. "Project" means (a) the real estate at the time comprising the "project Site", as defined in the Agreement and (b) the real and personal property at the time comprising the "Project Facilities" as defined in the Agree. ment together constituting a "project" as defined in the Act "Project Bond" means the In- dustrial Development Revenue Bond (First Judicial District Department of Correctional Services Project) authorized in Section 3 hereof "Project Purpose" acquiring, con- strutting and equipping a multipu~ pose building suitable for use as the Dubuque Community Corrections Facility and for such related opera- tions, or as may otherwise be permit- ted by the Agreement. "Revenues" means (a) the Loan Payments, (b) all other money received by the Issuer, or the Holder for the ac- count of the Issuer, in respect of repay. ment of the Loan, (e) unexpended pro- eeeds derived from the sale of the Pro- feet Bond in the Construction Fund, and (d) all income and profit from thc investment of the Loan Payments and such other moneys by or on behalf of the Issuer. It is expressly understood that the Company's sole source of revenues from which payment under this Agreement may be made may be its annual appropriations as approved by the Iowa Legislature and allocated by the Department of Corrections. "State" means the State of low~ Any reference herein to the Issuer or to any member or officers thereof or to the Legislative Authority, or to any member or officers thereof, shall in- elude those which succeed to their functions, duties or responsibilities pursuant to or by operation of low or who are lowfully performing their func- lions. Any reference to a section or pro- vision of the Constitution of the State or to a section, provision or chapter of the Code of Iowa shall include such section or provision or chapter as from time to time amended, mbdified, reels- ed, supplemented and superseded, pro- vided that no such change in the Con- stitution or laws shall be deemed ap- Regular Session, May 7, 1984 151 plloable by reason of this provision i such change in any way constitutes a~ impairment of the rights or obligation~ of the Issuer or the Company under this Bond Legislation, the Agreemeng the Assignmeng the Mortgage, or any other document executed in connee~ tion' with any of the foregoing, in. eluding, without limitation, any alters- tion of the obligation to pay the Bond service charges in the amount and manner, at the times, and from the ~urees provided in the Bond Legislo- tion, the Agreement and the Mortgage, except as otherwise herein permitted, Words of the masculine gender shall he deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, words importing the singular number shall include the plural number, and vice versa, and the terms "hereof", "hereby", "herein" "hereto", "hereunder", and similor terms mean this Bond Legislatiotr Section 2. Determinations of I~gislative Authority. It is hereby determined that (d) the Project is a pro- .jeer as defined in the Act and is consis. ' tent with the purposes of the Avg' (b) the utilization of the Project is 'in fu~ therance of the purposes of the Act and will benefit the people of the Issuer and of the State maintaining and enhanc- lng employment opportunities, pro- riding and inducing other public benefits flowing from conducting the Project and improving the economic welfare of the people of the Issuer and of the State; and (c) the provision of loan assistance in the financing of costs of acquiring, constructing, equip- ping, improving and installing the Pro- jeeg including the financing thereof, will require the issuance, sale and delivery of the Project Bond in the principal amount of $765,00g which shall be payable and secured as provid- ed herein and in the Agreement and the Mortgage. Section 3. Authorization and Terms of Project Bond. It is hereby determin- ed to be necessary to, and the Issuer shal& issue, sall and deliver, as provid- ed and authorized herein and pursuant amount of $76~,000 for the purpose of making a loan to assist the Company in the financing of costs of acquiring, constructing, ~quipping, improving and installing the Project for the Pro- ject Purpose. The Project Bond shall be designated "Industrial Develop. ment Revenue Bond (First Judicial District Department of Correctional Services Project) Series 1984". The Project Bond shall be issued in the single denomination of $766~000, substantially in the fully registered form attached hereto as Exhibit "A" (which is incorporated herein by reference and made a part hereof fully as if set forth in full herein), and shall be subject to prepaymeng as set forth herein and in said Exhibit "A'~ at the place set forth therei~ The Project Bond shall be dated as of May 1, 1984, but shall bear interest ~om the dote of delivery to the Original Purchaser (which date shall appear on the face of the Project Bond), at the rate of 75% of the prime rate ad. justed on first day of each month from the issuing month with a floor rate of 6% and a ceiling rate of 15% per an. num (subject to adjustment as therein provided), and shall be payable as to principal and interest on the first day of each month in the amounts and for such period of time as set forth in said Exhibit "A". Interest from the dote of delivery to the first day of the next calendar month following such delivery shall be paid at the time of closing to the Original Purchaser upon the delivery of the Project Bond, The Project Bond is also subject to loss of tax exemption prepayment upon a final determination thag as a result of a failure by the Company to observe its agreement contained in Section 5. 7 of the Agreemeng interest on the Project Bond is wholly or pa~ tially includable for federal income tax purposes in the gross income of the Holder (other than because a Holder is a substant~aluser oftheProjectora "reloted person" thereof, as those terms are used in Section 103(b)(13) of the Code). As used herein, a "final determination" shall be deemed to have occurred upon the receipt by the Holder of a ruling or technical advice by the Internal Revenue Service in which the Company has participated or a written opinion by an attorney or firm of attorneys of recognized stan- ding on the subject of municipal bonds selected by the Holder and approved by the Company, which approval should not be unreasonably withheld 152 Regular Session, May 7, 1984 Following a final determination, the Project Bond shall be redeemed by the Issuer from the proceeds of the Corn, pany paying advance Loan Payments pursuant to Sections 4.1 and 6.3 of the Agreement at a prepayment price equal to 100% of the principal amount of the Project Bond outstanding at the time of prepaymeng plus accrued in~ terest to the redemption date and an amount equal to any penalties or in- retest paid by the HoMer resulting from the failure to include interest on the Project Bond in the gross income of the Holder, at the earliest prac- ticable date selected by the Holder, after consultation with the Company. The Project Bond shall be payable as to principal and interest in lawful money of the United States of America, shall be a negotiable instru- ment subject to the provisions therein restricting transfer and shall express on its face the purpose for which it is issued and such other statements or legends as may be required by law. The Project Bond shall not be transferred by any Holder to other than a Finan, clal Institution and in accordance with its terms and any purported transfer to other than a Financial Institution shall be void and of no effect. Bond service charges on the Project Bond shall be payable at the principal office of the Holder. The Project Bond shall be executed on behalf of the Issuer by the manual signature of its Mayor and attested by the manual signature of its Cit~y Clerk and shall bear the corporate seal of the Issuer or a facsimile thereof Section 4. Payment of and Security for the Project Bond. The Project Bond shall be (i) payable solely from the Revenues and (ii) secured by an assignment of and grant of a security interest in the Revenues and an assign, ment of the Agreement and the Mort- gage fexcept the Unassigned Issuer's Rights, as defined in the Agreement). Anything in this Bond Legislation or the project Bond to the contrary not- withstanding, neither the Bond Legislation, the Project Bond, nor the Agreement shall constitute an in- debtedness of the Issuer, within the meaning of any State constitutional provision or statutory limitation, and pecuniary liability of the Issuer or a charge against its general credit or tax- ing powers, and the Project Bond shall contain on the face thereof a clear statement to that effect and that such Bond is payable solely from the Revenues; provided, that nothing herein shall be deemed to prohibit the Issuer, of its own volition, from using to the extent lawfully authorized to do so any other resources for the fulfill- ment of any of the terms, conditons of obligations of the Bond Legislation or of the Project Bond. Nothing in this Bond Legislation, the Agreemeng Open-End Mortgage, Assignment or Project Bond shall be construed to evidence a debt of the lows Depart- ment of corrections or the state o flows or either of them as having in any form or measure guaranteed, secured or assumed responsibilities for the pay- ment thereof Section 5. Sale of Project Bond. The Project Bond is hereby sold and award. · 1 to the Original Purchaser in acco~ dance with its written offer therefor, at a purchase price equal to the par value thereof The Executive and the Fiscal Officer of the the Legislative Authori- ty are authorized and directed to make the necesssary arrangements with the Original Purchaser to establish the date, location, procedure and eondl- lions for the delivery of the Project Bond to the Original Purchaser, and to take all steps necessary to effect due execution and delivery to the Original Purchaser of the Project Bond under the terms of this Bond Legislation to the extent not provided for in said written offer. It is hereby determined that the price for and the terms of the Project Bond, and sale thereof all as provided in this Bond Legislation, are in the best interest of the Issuer and in compliance with all legal requirements. Section 6. Allocation of Proceeds of Project Bond-Construction Fund. The ~roeeeds from the sale of the Project Bond shall be deposited and credited to the Construction Fund. There is hereby created by the Issuer and ordered maintained as a separate deposit account fexcept when invested as hereinafter providedi in the custody of the Holder a fund in the name of the Issuer to be designated "City of Dubuque-Industrial Development Revenue Bond (First Judicial District Department of Correctional Services i ProjecO Construction Fund" (the Regular Session, May 7, 1984 ,'Construction Fund"). Moneys in the Construction Fund may be invested as provided in Section 9 hereof and shall be held and disbursed in accordance with the provisions of the Assignment and the Agreemen~ The Holder is authorized and directed to make any such disbursements from the Con. struction Fund in accordance with the provisions of the Agreement and the Assignment. The moneys to the credit of the Con- struction Fund shall, pending disbursement as above set forth, be subject to a lien and charge in favor of the Holder. Section 7. Source of Payment of Pro- ject Bond. As provided in the Agre~ meng Loan Payments, sufficient in time and amount to pay the Bond se~ vice charges as they come due, are to be paid by the Company to the extent the same are available from the Iowa Legislature and the Department of Corrections and other funds of the Company, directly to the Holder for the account of the Issuer. The Issuer hereby covenants and agrees thag until the entire principal of and premium, if any, and interest on the Project Bond shall have been paid, fi) it will pay, or cause to be paid, to the Holder, Revenues sufficient in time and amount to pay the Bond service charges as the same become due and payable, (ii) it will diligently and pro- mptiy proceed in good faith and use its best efforts to enforce the Agreement, and (iii) should there be an event of default under the Agreemeng the Issuer shall cooperate fully with the Holder to protect fully the rights and security of the Holder hereunder; pro. vided that nothing herein shall be con- strued as requiring the Issuer to use or apply to the payment of Bond service charges any funds or revenues from any source other than Revenues. Nothing in this Bond Legislation is in. tended to prevent the company from delivering moneys to the Holder pu~ suant to Sections 6.1 and 6,2 of the Agreement to be used to prepay un- paid prineipal installments on the Pro- ject Bond in accordance with those Sections and the applicable provisions of the Project Bond, and the Holde~ shall promptly apply such moneys to the prepayment of such installments in accordance with the Company's in- 153 Section 8. Covenants of Issuer. In addition to other covenants of the Issuer in this Bond Legislation con- tained, the Issuer further covenants and agrees as follows: (a) Payment of Bond Service Charges. The Issuer wil~ solely from the sources herein provided, pay or cause to be paid the Bond service charges on the Project Bond on the dates, at the places and in the manner provided herein and in the Project Bond. (b} Performance of Covenants, Authority and Actions. The Issuer will at all times faithfully observe and pe~ form all agreements, covenants, unde~ takings, stipulations and provisions contained in the Agreement, the Assignment, this Bond Legislation and the Project Bond and all pro- ceedings of its Legislative Authority pertaining thereto, on its part to be performed or observe~ The Issuer covenants that it is, and upon delivery of the Project Bond will be, duly authorized by the Constitution and laws of the state, including particula~ ly and without limitation the Acg to issue the Project Bond, to execute the Agreement and the Assignment and to provide the security for payment of the Bond service charges in the manner and to the extent herein and in the Pro. jeer Bond set forth; that all actions on its part for the issuance of the Project Bond and execution and delivery of the Agreement and the Assignment have been or will be duly and effectively taken; and that the Project Bond in the hands of the HoMer will be a valid and enforceable special obligation of the Issuer according to the terms thereof (c) Revenues. Except as otherwise provided in this Bond Legislation, the Agreement, the Assignment or the Mortgage, the Issuer will not assign or grant a security interest in the Revenues or create or suffer to be erected any debg lien or charge thereon other than the assignment and grant thereof under this Bond Legisla~ lion and the Assignment. (d) Recordings and Filings. The Issuer wil~ at the expense of the Com- pany, cause the Agreement, the Mo~ tgage and the Assignmeng and any amendments or supplements to any, and all necessary financing statements, amendments thereto, con- 154 RegularSession, MayT, 1984 tinuation statements and instruments of similar character relating to the assignment and grants made by it to secure the project Bond, to be recorded and filed in such manner and in such places as may be required by law in order to preserve and protect fully the security of the Holder. Prior to the last day of the month saceeeding the month in which fails any anniversary of the date of the Mortgage, the Issuer will in the Mortgage and, at the re- quest of the Holder and at the expense of the Company, require the Company to deliver to the Holder, an opinion of Independent Counsel (as defined in the Mortgage), who may be Counsel for the Issuer or for the Company, addressed ~o the Holder specifying any filing, registration or recording and re-filing, re-registration or re.recording, of any such instrument since the date of the Assignment or the date of the most re- eent opinion of Independent Counsel pursuant to this Section 8(c0, or stating that no such filing, registration, recor- ding, re-filing, re-registration or re- recording is necessary, or if necessary, setting forth the requirements in respect thereto. Promptly after any fib lng, recording, re-filing or re.reeordlng of any financing statement or amend. ment thereto or continuation state. ment or instrument of similar eheracter relating to any of the pledges made in the Bond Legislation, the Mortgage or the Assignmen~ or any filing, registration, recording, re.filing, re.registration or re-recording of the Agreement, the Mortgage or the Assignmeng or any amendment or supplement thereto, the Issuer will in the Mortgage require the Company to deliver, or cause to be delivered, to the Holder an opinion of counseg who may be counsel for the Issuer or for the Company, to the effect that such filing, registration, recording, re-filing, re- registration or re-recording has been duly accomplished and setting forth the particulars thereof (e) Inspection of Project Books. All books and documents in the Issuer's possession relating to the Project and the Revenues shall at all times during the Issuer's regular business hours be open to inspection by such accoun- tents or other agents of the Holder as the Holder may from time to time designate. (f~ Rights under Agreement. The Holder, in its name or in the name of the Issuer, may enforce all rights of the Issuer except for Unassigned Issuer's Rights as defined in the Agreement and all obligations of the Company under and pursuant to the Agreemeng whether or ~iot the Issuer is in default of the pursuit or enforcement of suck rights and obligations. (g) E~forcement of Agreement. The Issuer shall do all things and take all actions on its part necessary to comply with the obligations, duties and responsibilities on its part under the Agreemeng and will take all actions within its authority to keep the Agree- ment in effect in accordance with the terms thereof and to enforce and pro- tact the rights of the Issuer thereunder, including actions at law and in equity, as may be appropriate. (h) Arbitrage Provisions. The Issuer will restrict the use of the proceeds of the Project Bond in such manner and to such exteng if any, as may be necessary, after taking into account reasonable expectations at the time of the delivery of and payment for such Project Bond, so that the Project Bond will not constitute arbitrage bonds under Section 103(c) of the Code and the applicable regulations under that Sectio~ The Fiscal Officer or any other office having responsibility for issuing the Project Bond is authorized and directed, alone or in conjunstion with any of the foregoing or with any other officer, employee, consultant or agent of the Issuer, or with the Company or any employee, consultant or agent of the Company, to give an appropriate certificate of the Issuer, for inclusion in the transcript of praceedings for the Project Bond, setting forth the reasonable expectations of the Issuer regarding the amount and use of the proceeds of the Project Bond and facts, estimates and circumstances on which they are based, such eertificute to be ~remised on the reasonable expecta~ tions and the facts, estimates and cumstances on which they are based as provided by the Company, all as of the date of delivery of and payment for such Project Bond. The Fiscal Officer, or other appropriate officer of the Issuer, shall furnish to the Holder a true transcript of proceedings, ce~ tiffed by said Fiscal Officer or officer, of all proceedings had with reference to the issuance of the Project Bond along with such information from the records as is necessary to determine Regular Session, May 7, 1984 155 the regularity and validity of the is- snaace of said Project Bond. Section 9. Investment and Records of Construction Fund. Moneys in the Construction Fund shall be invested and reinvested by the Holder in any Eligible Investments at the oral or written request of the Authorized Company Representative in aeco~ dance with Section 8.7 of the Agre~ ment. Subject to any such written re- quest with respect thereto, the Holder may from time to time sell such in, vestments and reinvest the proceeds therefrom in Eligible Investment maturing or redeemable as aforesaid. Any such investments may be pu~ chased from the Holder. An invest. ment made from money credited to the Construction Fund shall constitute part of that Fund and such Fund shall be credited with all proceeds of sale and income from such investment. For purposes of this Bond Legislation, such investments shell be valued at face amount or market value, whichever is less. Section 10. Agreement and Assign- ment. In order to secure the payment of the Bond service charges as the same shall become due and payable, the Executive and the Fiscal Officer are hereby authorized and directed (i) to execute, acknowledge and deliver, in the name and on behalf of the Issuer, the Agreement and the Assignmeng in substantially the forms submitted to this Legislative Authority, which in- struments are hereby approved, with such changes therein not inconsistent with this Bond Legislation and not substantially adverse to the Issuer as may be permitted by the Act and ap- proved by the officers executing the same on behalf of the Issuer and (ii) to execute such other certificates, finaac- lng statements and other instruments as n~y be necessary or desirable in order to consummate the transactions contemplated by this Bond Legisla~ timr The approval of such changes by said officers, and that such are not substantially adverse to the Issuer, shall be conclusively evidenced by the execution of such instruments. Section 11. Other Documents. The Executive and the Fiscal Officer, as ap- propriate, are hereby further authoriz- ed and directed to execute such tifieations, financing statements, assignments and instruments as are in the opinion of the Bond Counsel necessary or appropriate to perfect the assignments and grants set forth herein and in the Assignment and to consummate the transactions provid- ed for in the Agreement and the Assignment. Section 12. Delivery of the Project Bond. Before the Project Bond is delivered there shall be delivered to the Holder: (cO A copy, duly certified by the Fiscal Officer of this Bond Legisla~ lion; and lb) An original executed counte~ part of the Agreement, the Mortgage and the Assignmeng' (c] Written title evidence that the company has a good and marketable title in fee simple to the Project Site as defined in the Agreement and that the Holder has a valid firs t mortgage on the Project Site subject only to fi] taxes and assessments not delin- queng (ii) liens and encumbrances permitted by the terms and provi- sions of the Mortgage, and (iii) the Mortgage. Section 13. Payment and Discharge. If the Issuer shall pay or cause to be paid and discharged the Project Bond, the covenants, agreements and other obligations of the Issuer hereunder and in the Project Bond, the Agree- meng the Mortgage and the Assign. ment shall be discharged and satisfied, except for the obligation to make any payment required under loss of tax ex- eruption redemption provisions in Sec- lion 3 hereof Section 14. Compliance with Open Meeting Requirements. It is hereby found and determined that all formal actions of this Legislative Authority concerning and relating to the ndop. tion of this Bond Legislation were adopted in an open meeting of this Legislative Authority, and that all deliberations of this Legislative Authority and of any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements, including Chapter 2SA of the Code of Section 15. Payments Due on Sun- days and Holidays. In any case where the date of maturi~y of or due date of interest on or principal of the Project 156 Bond shall be a Sunday or a day on which the Holder is required, or authorired or not prohibited, by law (including executive orders) to close and is closed, then payment of such in- terest or prineipal need not be made on such date but may be made on the next suceeading business day on which the Holder is open for business with the same force and effect as if made on the date of maturity or such due date and no interest shall accrue for the period after such date. Section 16. Effective Date. This Bond Legislation shall take effect and be in force immediately upon its ndop- Passed and approved this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council member Klueaner moved adoption of the Resolution. Seconded by Council Member Banrskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfuldt, Manning. Nays--None. Conununication of City Manager submitting Resolution authorizing Mayor to execute Grant Amendment with UMTA for 80% funding of a sandblasting hood, air compressor, platform ladder, two filing cabinets and office chair, presented and read. Council Member Hammel 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 Klueaner, Kronfoldt, Manning, Nays--None. RESOLUTION NO. 119-84 Hesolution authorizing the filing of an amendment to Section 5 Application {IA-05-0037) with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of Regular Sessi°n, May 7, 1984 tHas amended. EREAS, the Secretary of sportation is authorized to make s for mass transportation pro- WHEREAS, the contract for finan. :izl assistance will impose certain obligations upon the applicant, in- cluding the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in o~cord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an amend- ment to an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the ap- )licant that minority business enter- prise be utilized to the fullest extent )easible in connection with these pro- sets, and that definitive procedures shah be established and administered to ensure that minority businesses shall have the maximum feasible op- portunity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts, or consultant and other services: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is authorized to execute and file an amendment to an applies- ion on behalf of the City of Dubuque with the ~S. Department of Transpo~ tation, to aid in financing the purchase ora sandblasting hood, air compressor, )latform ladder, two filing cabinets and office chair pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended. Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such amendments to ap- document required by th~ U.S. Depart~ ment of Transportation effectuating Regular Session, May 7, 1984 157 the purposes of Title V1 of the Civil Rights Act of 1964. Section 3. That William Kohler, Transit Manager, is authorized to fu~ nish such additional information as the U.S. Department of Transportation may require in connection with the ap- plieation amendments or the project. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Section 5. That the Mayor of the City of Dubuque is authorized to execute g~ant contract agreements and amend- ments to said agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financing of capital assistance projects. Passed, approved and adopted this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of tho Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueaner, Krunfeldt, Manning. Nays--None. Conununication of City Manager ap- proving request from Best Beers Cor- poration to construct a concrete entry ramp on the public right-of-way at 2459 Kerper Blvd., presented and Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beucakens, Deich, Hamme], Klusaner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 16-84 An ORDINANCE Authorizing Best Beers Corporation to construct a con- crete Entry Ramp, presented and read. Council Member Kluesner moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Manning. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Kluesner 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 Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 16-84 AN ORDINANCE AUTHORIZING BEST BEERS CORPORATION TO CONSTRUCT A CONCRETE ENTRY RA~AP. NOW THEREFORE, BE tT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Best Beers Corpora- tion as owners o! the erernlses known 158 Regular Session, May 7, 1984 uoon the City al Dubuc~ue for damages of onv kind resulting from the lace- lion, installation, existence, con- struction or maintenance of said concrete entry ramp sustained by any oerson or oersons, caused by occident or otherwise to defend al its OWn expense and on behalf of said City anv claim against the Citv of Dubuc~ue arising out o1 the location, Installa- tion, existence, construction or main- tenance of concrete entry ramp and to pay reasonable attorney tees there- tore; and c) IndemnJfv and hold lhe Citv of Dubuaue tree and harmless from any ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 16-84 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 16-84 hereby, for themselves, their succes- sors or assigns, os owners of the abutting propertv, accepl the same and agree fo be bound bv the condi- tions and agreements therein con- tained to be performed bv ~ermittees. Dated: April 16, 1984 BEST BEERS CORPORATION BY: John J. Egan Vice President Published offlciallv in the Tele- Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Mann- lng. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing execution of two Project Agreements with the Iowa D.O.T. relating to the construction of the North West Arterial, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfoldt, Manning. Nays--None. RESOLUTION NO. 120-84 Resolution authorizing execution of an agreement between the City of Dubu- qua, Iowa and the Iowa Department of Transportation relative to the Right- of-way Acquisition for the Northwest Arterial from Pennsylvania Avenue to Asbury Road WHEREAS, the City of Dubuque will be purchasing right-of-way for the Northwest Arterial between pannsyl- vania Avenue and Asbury Road; and Regular Session, May 7, 1984 WHEREAS, said right-of-way ac- quisition is eligible for Federal Aid to Urban Systems funding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached agree- merit #84-F-050 with the Iowa Depart. ment of Transportatior~ 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 City Council. Passed, approved and adopted this 7th day of May, 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- bars Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--No~e. RESOLUTION NO. 121-84 Resolution authorizing execution of an agreement between the City of Dubu- que, Iowa and the Iowa Department of Transportation relative to the con- struction of the Northwest Arterial from Pennsylvania Avenue to Asbury Road WHEREAS, the City of Dubuque, Iowa will be grading and paving the Northwest Arterial between Penn- sylvania Avenue and Asbury Road in Fiscal Year 1984 and 1985; and WHEREAS, said construction cost is eligible for Federal Aid to Urban Systems funding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached agree- ment no. 84-F.049 with the Iowa Department of Transportation, two copies of which are attachec~ be ap- proved and that the Mayor and City 159 Clerk be and they are hereby authoriz- ed and directed to execute the agree- meat for and on behalf of the City Council. Passed, approved and adopted this 7th day of May, 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, Klueener, Kronfoldt, Manning. Nays--None. Communication of City Manager rs- questing affirmation of suspension of a Water Division employee for two days (16 working hours) presented and mad. Council Member Hammel moved that the communication be received and filed and suspension affirmed. Seconded by Council Member Mann- lng. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, FAuesner, Kronfeldt, Manning. Nays--None. Communication of City Manager concerning Loan Agreement with Residential Care Foundation and the State of Iowa, presented and read. Council Member Klueener 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, Kronfoldt, Manning. Nays--None. RESOLUTION NO. 122-84 A resolution authorizing acceptance and execution of an amendment to an agreement by and between the City of Dubuque, Iowa and Area Residential Care Foundation dated as of April 2, 1984 160 Regular Session, May 7, 1984 WHEREAS, the City of Dubuque, Iowa (hereinafter referred to as "City") and Area Residential Care Foundation (hereinafter referred to as "Foundation") have entered into a Loan Agreement dated April 2, 1984; and WHEREAS, said Loan Agreement is subject to the requirements of the State of Iowa Community Develop- merit Loan Program; and WHEREAS, the State of Iowa Of- fice for Planning and Programming has required that the terms of the Loan Agreement between the City and the Foundation be amended to provide that loan repayments shall commence May 15, 1989 in lieu of November 1, 1989 as provided in Section 2.4 of said Loan Agreement and as provided in the Schedule for Loan Payments con- rained within the Promissory Note; and WHEREAS, the City and Founda- tion agree to the required changes in order that the requirements of the State of Iowa Community Develop- ment Loan Program ere met and that the loan between the City and Founds- tlon may be made. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amendment to an Agreement by and between the City of Dubuque, Iowa and Area Residen- rial Care Foundation dated as of April 2~ 1984, which amendment provides that the loan repayments shall com- mence May 15, 1989 in lieu of November 1, 1989 as provided in Sec- tion 2.4 of said Loan Agreement and as provided in the Schedule for Loan Payments contained within the Pra- missory Note, is hereby accepted. Section 2. That the Mayor and City Cierh be and they are hereby authoriz- ed and directed to endorse the Accep. tance of the City of Dubuqu~ Iowa upon the said Amendment to Loan Agreement. Passed, approved and adopted this 7th day of May, 1984. James E, Brady Mayor ~ ATTEST: Mary A. Davis City Clerk Council Member Kloesner moved adoption of the Resolution, Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bsurskons, Deich, Hammsl, Klueener, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 128-84 A Resoiution Authorizing Accoptanee and Execution of a Promissory Note and an Agreement Between the State of Iowa Office for Planning and Pro. grammin~ and the City of Dubuque Providing for the Loan of $250,000 to the City of Dubuque Under the Iowa Community Development Loan Pro- WHEREAS, on November 7, 1983, the City of Dubuque, Iowa (City) ap. )lied for a loan from the Iowa Comuni- ty Development Loan Program to assist Area Residential Care Founda- tion (ARC~ in the purchase and renova- tion of property for the purpose of creating permanent employment OP- pertunitiee in the community; and WHEREAS, on December 9. 1983, the Office for Planning and Program- ming of the State of Iowa (OPP) advis- ed the City of tentative approval of the requested loan; and WHEREAS, the City and ARC subsequently entered in an Agr~ment for the loan of $250,000 from the City to ARC subject to the requirements of the Iowa Community Development Loan Program; and WHEREAS, OPP has now presented for City review and exocu- tion an Iowa Community Develop- ment Loan Agreement and Pro- missory Note which are hereto attach- ed and by this reference made a part hereof; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that the terms and conditions eetforth Regular Session, May 7, 1984 161 in said Loan Agreement and Pro- missury Note are acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Seetion 1. That the Iowa Community Development Loan Agreement and Promissory Note between the City of Dubuque and the State of lows Office for Planning and Programming hereto attached, providing for the loan of $~.50,000 to th~ City of Dubuque, Iowa is hereby occepted. Seetion 2. That th~ Mayor and City Clerk be and they am hereby authoriz- ed and directed to endorse the accep- tance of tbs City of Dubuqu6 lows upon said Loan Agreement and Pro- missury Note. Section 3. That th~ City Manager be and he is hereby authorited and directed to administer funds in occo~ dance with said Loan Agreemen~ Passed, approved and adopted this 7th day of May, 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- bars Beurskens, Deich, Hummel, Klueeoer, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 124-84 "Reaalution authorizing the issuance and ~le of an Industrial Development Revenue Bond (Area Residential Care Project) of the City of Dubuque, Iowa, in the principal amount of $425,000; the execution of a Lender Loan Agree- ment v~th Dubuque Bank and Trust Company providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Area Residential Care Foundation pro- riding for the repayment of the loan of the proceeds of such bond, and related WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer") is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembl- ing of any agricnitural or manufac~ tured products or of any commercial enterprise engaged in storing, warehousin~ or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has made the necessary arrangements with Area Residential Care Foundation (the "Company"), an Iowa not for profit corporation, for the acquisition by con- struction or purchase of land, a building and improvements suitable for use as a workshop facility for developmentally disabled individuals engaged in the assembly of manufac- tured parts, industrial servicing, light machining, weed container construc- tion and packaging (the "Project"), located at 2455 Kerper Boulevard within the corporate boundaries of the Issuer; and WHEREAS, it is necessary and ad- vleable that provisions be made for the issuance of an Industrial Development Revenue Bond, Series 1984 (Area Residential Care Project) of the Issuer in the principal amount of $425,000 (the "Bond") as authorized and per- mitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of May 1, 1984 (the "Agreement") between the Issuer and the Company, the obligation of which will be sufficient to pay the prin- cipal of, premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Bond will be sold pursuant to and secured as provided) 162 Regular Session, May 7, 1984 by e Lender Loen Agreement to be dated as of May 1, 1984 Ithe "Lender Loan Agreement"l by and between the Issuer and Dubuque Bank end Trust Company Ithe "Lender"~; and WHEREAS, the rights of the Issuer in and to the Agreement are assigned to the Lender under the Lender Loan Agreement; and WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act and Section 1031k) of the Internal Revenue Code, and has determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arrang- ed for the sale of the Bond to the Lender; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer as follows: Section 1. Authorization of the Bond. In order to finance the cost of the Project the Bond shall be and the same is hereby authorizee~ determined and ordered to be issued in the prim cipal amount of $425,000. The Bond shall be issued in fully registered form, numbered R-l, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rotes, and shall be subject to such other terms and conditions as are set forth therein and in the Lender Loan Agreement and Agreement The Bond and the ter~st thereon do not and shah never constitute an indebtedness of or a charge against the general credit or tsxing power of the Issuen but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the Agreement and the Project and shah be secured by an assignment of the Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement the Bond and the Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 2. Lender Lo~n Agreement; Sale of the Bond. In order to provide f)r the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Councig which is hereby ap. proved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $42~000, in immediately available funds at the office of the Lender shall constituto payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement The Lender shall be authorized as the Issuer's depository and agent to im. mediately deposit such purchase price in the Project Fund established by Sec- lion 1.03 of the Lender Loan Agree. ment to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. Section 3. Repayment of Lean. The Agreement requires the Company in eech year to pay amounts as loan payments sufficient to pay the prin- cipal of, premium, if any, and interest on the Bond when and as due and the payment of such amounts by the Com- pany to the Lender pursuant to the Agreement is hereby authorized, proved and confirme~L Section 4. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire and improve the Project and the payment by the Com- pany of an amount sufficient to pay the principal of and premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Agree- ment in substantially the form submit- ted to the City Counci~ which is hereby approved in all respects. Section 5. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, at- test seal and deliver any and ali documents and do any and ali things deemed necessary to effect the Regular Session, May 7, 1984 163 issuance and sale of the Bond and the execution and delivery of the Agree- ment and the Lender Loan Agreement and to carry out the intent and poses of this resolution, including the preamble hereto. Section 6. Severahility. The pmvi. sions of this resolution are hereby declared to be separable and if any sec- lion, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 7. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict Section 8. Effective Date. This resolution .shall become effective ira. mediately upon adoption. Passed and approved this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Cierk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dcich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Verbal petition of Council Member Deich requesting an Ordinance be prepared regarding dangerous and ex- otic pets. Discussion ensued. Phll Smith, 2524 Queen St. stated that a snake is more well-behaved than some dogs and cats. Council Member Deich moved that the Corporation Counsel draw up legal verb/age so citizens of the community are not subjected to undue harass- ment with snakes and/or any other animals and provide that such are not allowed to enter where asked to refrain from entering. Seconded by Council Member Kronfcidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. TRANSFER REQUESTED: David Wetter & Joseph McGinnis d/bls The Brewing Co. Liquor License from 951 Main St. to Town Clock Plaza at 7th St. for May 18, 19, and 20th; TFM Co. d/bls Iowa Kettle Deli Beer & Wine Permit from 1220 Iowa St. to Washington Park, 7th St. side during Dubuquefeet, presented and read. Council Member Beurskens moved that the transfers be approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 125-84 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. James Webb Jim's Web 2093 Washington St. Passed, approved and adopted this 7th day of May, 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- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 125-84 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 164 WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicunts a Beer Permit. CLASS "B" BEER PERMIT Terry J. Boleyn Veteran's Memorial Park (Also Sunday Sales) CLASS "C" BEER PERMIT Palmer Drug Company 2600 Dodge St. IAlso Sunday Saleal Walgreen Co. 555 J. F. Kennedy Rd. (Also Sunday Salesl Earl Tegeler 620 S. Grandview Ave. {Also Sunday Sales) Passed, approved and adopted this 7th day of May, 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- bers Benrskens, Deleh, Hammel, Klueener, Kronfeldt, Manning. Nays--Nnae. RESOLUTION NO. 1274~4 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 re- spected and found to comply with tbe State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- Regular Session, May 7, 1984 SOLV-~ED, By the City Council of th~ City of Dubuque, I6~va, that the M~nnger be authorized to cause to he issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE David J. Wetter & Joseph McGinnls 951 Main St. (Sunday Sales Only) Judith M. Sendldge 1501 REomberg Ave. (Sunday Sales Only) Maylo J. Turner 2417 Rhomberg Ave. (Also Sunday Sales) D.B.Q. Inc. 4th & Locust St. (Also Sunday Sales) Raymond F. Kaecbauer 431 Bhomberg Ave. IAlso Sunday Sales) James J. Webb 2093 Washington St. (Also Sunday Sales) Gary Lee Frensen 11~0 Lincoln Ave. Passed, approved and adopted this 7th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by C~uncil Member Eronfeldt. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klueener, Kronfeldt, Manning. Nays--None, MINUTES SUBMITTED: Airport Comm. of 4-2; Commuhity Develop- ment Comm. of 4-10; Five Flags Comm. of 4-16; Historic Preservation Comm. of 3-13 & 4-10; Housing Code Appeals Bd. of 4-11; Housing Comm. of 4-17; Hunmn Rights Comm. of ~9; Park & Recreation Comm. of 4-5; Tcan- sit Bd.'s Statement and Stats for March, 1984; P & Z Comm. Of 3-21 & 4-4; Zoning Bd. of Adjustment of 3-22; Cable Community Teleprngcamming Comm. of 4-10, presented and read. Council Member Deich moved that Regular Session, May 7, 1964 165 the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Benrskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Bird Chevrolet Co. et al 112 signers) submitting an injunction regarding construction of J.F.K. Rd.; Cot- tfugham and Butler, Inc, on behalf of their client, R. H. Wahiert, in amt. of $305.99 for car damages; Dubuque Bank and Trust Co, vs. Gerald J. Udalhofen and City's Housing Rehabilitation Program advising of levy to be placed upon certain proper- ty; Inland Molasses Co. vs. City r~ questing a temporary injunction restraining the City and its Building Dept. from interfering with making of repairs and replacements at their plant; John L. McCunn in unknown amt. for personal injuries; Bernadette Martin in unknown amt. for personal property damages, presented and read. Council Member Deich moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kluesnar. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Elueener, Kronfeldt, Manning. Nays--None. Communications of Corporation Counsel recommending denials of following claims; Jill Honkamp for prc- petty damage; Marguerite Roberts for personal injury; Jalmo and Ann Schultz for property damages, presented and read. Council Member Dgleh moved that the communications be received and filed and denials approved. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klucener, Kronfeldt, Manning. Nays--None. REFUNDS REQUESTED: Robert R. & Pat C. Gross, $422.50 on unexpired Liquor Licenses, presented and read. Council Member Deich moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deleh, Hammel, Klueener, Kronfeldt, Manning. Nays--None. Petition of Wayne A. Moldenhauer requesting changes to traffic flow in the downtown area, presented and read. Council Member Deleh moved that the petition be referred to the City Mgr. Seconded by Council Member Klueener. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deleh, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. April 16, 1984 Honorable Mayor and Members of the City Council In accordance with the Rules and Regulations established for promc- tional within the Fire Department, the Civil Service Cornmision does hereby certify the following to he qualified for the position of Ambulance Driver/At- tendant. John Anthony HutcheroR Any vacancy for this position must be made from the above list, Respectively submitted, Gerald Koppes Chairperson Dolores A. Reihle John E. Hess Civil Service Commission 166 Regular Session, May 7, 1984 ATTEST: Mary A. Davis Secretary Council Member Deich moved that this be made s matter of recor& Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Housing and Ur- ban Development advising Grantee Performance Report has been com- pleted and Statement complies with applicable regulations, 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- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Peoples Natural Gas Company submitting their 1983 Annual Report, presented and read. Council Member Deicb moved that the communication and report be received and filed. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. City Manager submitting Communi- ty Development Annnal~Audit Report For calendar year 1983, presented and read. Council Member Deich moved that the report be received and filed. Seconded by Council Member {luesnar. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskena, Deich, Hummel, Klnasner, Kronfeldt, Manning. Nays--None. Communication of Clarence Duffy submitting his resignation from tho Dubuque Human Rights Department immediately, presented and read. Council Member Deich moved that the communication be received and fil- ed. Seconded by Council Member Klnasner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Certificate from Insurance Depart- ment of Iowa stating Merchants Bon- ding Co. {Mutual) is authorized to tran- sact business in the State of Iowa, presented and read. Council Member Deich moved that the certificate be received and filed. Seconded by Council Member Kluesner. Carried by the following votol Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. CANVASSED APRIL 30, 1984 State of Iowa) ss Dubuque County) We, the undersigned members of the Board of Supervisors, acting as a Board of Canvassers for the County of Dubuque, do hereby certify that on Aprd 2 , 1984, a Special Election was held on the following Public Measure, and the following is a correct abstract of votes cast. (A) SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? Regular Session, May 7, 1984 167 "Shnll the City of Dubuque, Iowa, issue its bonds in an amount not exceeding the amount of $6,500,00 for the purpose of constructing and equipping recreational facilities consisting of a dog racing track complex in the City?" PRECINCT YES NO TOTAL let 467 175 642 2nd 556 205 761 3rd 368 185 553 4th 314 130 444 5th 390 172 562 6th 378 165 543 7th 248 117 365 8th 369 176 545 9th 251 143 394 10th 728 284 1012 11th 567 257 824 12th 477 219 696 13th 516 188 704 14th 645 282 927 15th 542 250 792 16th 501 248 749 17th 634 220 854 18th 508 181 689 19th 655 323 978 20th 579 214 793 21st 560 234 794 22nd 560 213 773 23rd 483 138 621 24th 475 155 630 Absentee 188 48 236 TOTAL 11,959 4,922 16,881 We, the undersigned members of the Board of Supervisors of Dubuque Coun- ty, Iowa, and ex officio Board of Canvassers for said County, do hereby certify that the proposition is declared passed. Dates this 30th day of April, 1984. Donna L. Smith Donna Smith -- Chairperson Llo dC. Ha es Lloyd C. Hayes -- Member Wilfred Bald Wilfred Bald -- Member ATTEST: Terrenco J. Hirsch Terrnace J. Hirsch -- County Auditor and Commissioner of Elections 168 Regular Session, May 7, Council Member Deich moved that the above be received and filed and made a matter of record. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammei, Kluesner, Kronfeldt, Manning. Nays--None. Communication of United Labor Patricipation Commission urging the Council to use Dubuque Labor and Dubuque firms whenever and wherever possible in the construction of the race track facilities, presented and read. Council Member Deich moved that the conununlcatlon be received and filed and referred to Council, Seconded by Council Member Klueener. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammei, Kluesner, Kronfeidt, Manning. Nays--None. Communication of City Manager responding to a request from the City of Asbury regarding destination signnge, presented and read. Council Member Deich moved that the communication be received and fil- ed and approved the Mgr.'s recommen- dations. Seconded by Council Member Kluesner. 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 Hammei moved to ad- journ. Seconded by Council Member Kronfeldt. Carried by the following 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 Special Session, May 14, 1984 169 CITY COUNCIL OFFICIAL Special Session, May 14, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Ken0eth Gearhart, Cor- poratlon 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 consider a request from Olde German Bank to transfer their Liquor License from 342 Main St. to Town Clock Plaza for DubuqueFest Days and acting upon such other business which may properly come before the Council. Petition of Tammy Edens and Pamela Knnnrek dib/a Olde Gernmn Bank requesting to transfer their Li- quor License from 342 Main St. to Town Clock Plaza (next to clock) on May 19th and 20th, presented and read. Council Member Kronfeldt moved that the transfer be approved. Second- ed by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kron[eidt, Manning. Nays--None. City Manager requesting discussion regarding Saturday enforcement of parking meters for DubuqueFeet, RiverFest and Winter Wonderland Days. Council Member Kronfeidt moved that there would be no meter enforce- meat on May 20, 1994 and City Manager to come back with recom- mendatinn regarding free parking at the ramps on those days and City Mgr. be given discretion as to when to en- force parking meters. Seconded by Council Member Beurksens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Kronfeldt, Manning. Nays--Council Members Hammei, Klueener. RESOLUTION NO. 128-84 Resolution of a Proposal to Dispose of City's Interest in Lot 2 of Subdivision of Sears-Roebuck & Co., Subdivision Number 2 in the City of Dubuque, Iowa WHEREAS, a Quit Claim Deed dated April 17, 1967 was executed by the City of Dubuque and delivered to Frommelt Buildlng Corporation relative to Lot 2 of Subdivision of Sears-Roebuck & Co., Subdivision Number 2 in the City of Dubuque, Iowa; and WHEREAS, such Quit Claim Deed made reference to Resolution No. 82-67, a copy of which was attached to the Deed and made in part thereof; and WHEREAS, Resolution 82-67 pass- ed, adopted, and approved by the City Council on the 17th of April, 1967 in- corporates certain provisions under which the property was conveyed to Frommelt Building Corporation, and more specifically under Section 2, paragraph f, references certain rights retained by the City to have buildings removed from the property should it be required for highway purposes at some future date; and WHEREAS, the Froramelt Building Corporation is currently in the process of selling this property to Dubuque In- future, Inc.; and WHEREAS, it is the desire of the Dubuque Frommelt Building Corpora- tlon and Dubuque In Future, Inc. to clarify the title prior to the transfer of the property to Dubuque In Future, Inc.; and WHEREAS, it is the desire of the City to retain any existing utility easements on and across the property. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the City of Dubuque, Iowa proposes to dispose o fits interest in Lot 2 of Subdivision of Sears- Roebuck & Co. Subdivision No. 2 in the City of Dubuque, Iowa with the ex- ception of existing utility easements now held by the City of Dubuque, lowva (See Exhibit A). 170 Special Session, May 14,1984 Section 2. That the City of Dubuque, lowa proposes to dispose o fits interest in the consideration of payment of $~50.60 in addition to the cost of publication and recording fees. Section 3. That the City Clerk be and is hereby authorized and directed to ~use a notice to be published as prescribed under Section 364.7-Disposal of property-Code of lowc~ 1983. Passed, approved and adopted tins 14th day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueener moved adoption of the Resolution, setting Public Hearing for May 21, 1984 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescrib- ed by law. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klucener, Kronfeldt, Manning. Nays--None. There being no further business Council Member Kronfeldt moved to adjourn. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammal Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved_ Adopted __1984 __1984 Mayor Council Members ATTEST: City Clerk SpeeialSesaion, May21, 1984 171 CITY COUNCIL OFFICIAL Special Session, May 21, 1984. Council Met at 7:30 o'clock p.ro., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel Manning, City Manager W. Kenneth Gearhart, Corporation Counsel William G. Blum. Absent at Boll Call--Council Member Kronfeldt. Absent--Council Member Klucener. Mayor Brady read the call and stated that service thereof had been duly made and tins Meeting is called for the purpose to conduct a Public Hearing to Consider Issuance of Medical Clinic Revenue Bonds for the Hail and Eckhart Project in amount of $325,000, and acting upon such other business winch may properly come before the Council, Invocation was given by Rev, Nor- ma Everist, Ass't Professor in the Div. of Ministry of Wartburg Theological Seminary. Proclamations: Week of May 27th as "Knights of Columbus Week" received by Lyle Gaseman; Week of June 3rd as "Management Week" received by lion Pitch; June 2nd as "Hearing and Speech Day" received by Dick Bracewell. Council Member Beurskens moved to suspend the rules to let anyone pr~- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Manning. Nays--None. Abcent--Councll Members Klues- nor, Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing for Fiscal Year 1985 State Transit Assistance to offset part of the cost of the Keyline Transit System, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beorskens moved that the proof of publication be receiv- ed and fried. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Manning. Nays--None. Abeent--Council Members Klues- nor, Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Time and Place of Hearing to dispose of interest in real estate to James C. Hall, M.D. and Teresa A. Eckhart, M.D., presented and read. Council Member Beurskeos moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Haw. mol. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Manning. Nays--None. Absent--Council Members Klues- ner, Kronfeldt. Petition of John Duggen et al (44 signers) objecting to disposal or rental of any or ali of the Third Street Reser- voir Property, presented and read. Mrs. John Dnggan objected to the sale and requested that property be put back in the same shape as it was before tins proposal. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Ham- reel Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Manning. Nays--None. Absent--Council Members Kluos- her, Kronfeldt. Communication of Attorney Gary Norby formally notifying the city that his clients, Dr. James Hall and Dr. Teresa Eckhart no longer have an in- terest in purchasing said parcel of land, presented and read. Council Member Beurskens moved 172 that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Banrskens, Daich, Hammel, Manning. Nays--None. Absent--Council Members Kines- her, Kronfeldt. Proof of publication, certified to by the publisher, on Notice of Public Hearing on intention to issue Medical Clinic Revenue Bonds (Hall and Eckhart Project) in amount of $325,000, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Beurskens moved that the proof of publication be reoeiv- ed and filed. Seconded by Council Member Manning. Carried by the following vote; Yeas--Mayor Brady, Council Mem- hers Benrsknns, Deich, Hammel, Manning. Nays--None. Absent--Council Members Kines- nar, Kronfeldt. RESOLUTION NO. 129-84 Resolution Relating to the Holding of a Public Hearing and Approving Pro- eeeding with the Issuance and Sale of Not to Exceed $325,0~0 in Aggeegate Principal Amount of Medical Clinic Revenue Bonds (Hall & Eckhart Pro- jeer) of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying the cost of acquiring, constructing, im- proving and equipping land, buildings and constructing, improving and equipping land, buildings and im- provements suitable for use as a medical clinic located within the City and to loan the proceeds from the sale of such revenue bonds to James C. Hall, M.D. and Teresa A. Eckhart, M.D, individuals and residents of the State of Iowa (the "Company"}, pur- suant to a loan agreement, to be used Special Session, May 21,1984 he aforesaid purposes; and WHEREAS, the City hae datermin- ed there is a public need in the City and its environs for maintaining and improving medical facilities as propoe- ed by the Company; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $325,000 in aggregate principal amount of Medical Clinic Revenue Bonds (Hail & Eckhart Project) of the City of Dubuque, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and ali objections or other com- ments relating to such Bonds have been heard and it is deemed tn be in the best interests of the City of Dubu- qan, Iowa, that said Bonds be issued as proposed; and NOW, THEREFORE, Be It Resolv- ed by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That it is hereby determin- rd that it is necessary and advisable that the City procond with the issuance of its Medical Clinic Revenue Bonds & Re,hart Project) (hereinafter referred to as the "Bonds"), in an amount not to exceed $325,0~0, as authorized and permitted by the AcS and to loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Com- Section 2. That at the public hearing conducted by this Counci~ pursuant to published notice as required by the Aet and Section 103(k) of the Internal Revenue Code of 1954, as amended all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all objections to the issuance of the said Bonds are hereby overruled. Section 3. That this Council shall proceed with the necessary pro- eeedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisf~c- tory financing terms have been agreed upon with the proposed purchasers Special Session, May 21, 1984 173 and the required documentation has been prepared by Bond Counsel and approved by all other parties, in- cludlng the City Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Pro. ject and shall never constitute an in- debtedness of the City of Dubuque, Iowa, 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 of Dubuque, Iowa, or a charge against its general credit or taxing powers. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such con. filet hereby repealed and this Resolu- tion shall be in full force and effect ira. mediately upon its adoption. Adopted and approved tMs 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Ycas--Mayor Brady, Council Mem- bars Boerskens, Hammel, Manning. Nays--Council Member Deich. Absent--Council Members Klues- net, Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of time and place of Hearing to dispose of interest in Lot 2 of the Subdivision of Sears, Roebuck and Company Subdivision No. 2 in the City, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Hammel 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, Manning. Nays--None. Absent--Council Members Kluoe- ner, Krunfeldt. RESOLUTION NO. 130-84 Resolution Approving Disposition of Lot 2 of Sears & Roebuck Co. Subdivi- ~an No. 2 in the City of Dubuque, Iowa, Subject to the City of Dubuque, Iowa Retaining a Perpetual Easement in Accordance with a C~eant of Ease- ment Executed by the City of Dubu- que, Iowa and Frommelt Industries which was Recorded in the Office of the Dubuque County Recorder on February 23, 1984 as Instrument No. 1143-84 WHEREAS, Dubuque In Future, Inc. has requested that they be allow- ed to purchase Lot 2 of Sears & Roebuck Co. Subdivision No. 2 in the City of Dubuque, Iowa, subject to the City of Dubuque, Iowa retaining a perpetual easement in accordance with a Grant of Easement executed by the City of Dubuque, Iowa and Frommelt Industries which was recorded in the office of the Dubuque County Recorder on February 23, 1984 as In- strument No. 1143-84; and WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion, published in the city of Dubuque, Iowa on May 15, 1984, the City Coun- cil of the City of Dubuque, Iowa met on the 21st day of May, 1984 at 7:30 o'clock p.m. in the Public Library Auditorium to consider the disposing of real estate of the City of Dubuque, Iowa known as Lot 2 of Sears & Roebuck & Co. Subdivision No. 2 in the City of Dubuque, Iowa, subject to the City of Dubuque, Iowa retaining a perpetual easement in accordance with a Grant of Easement executed by the City of Dubuque, Iowa and Fcommelt Industries which was recorded in the office of the Dubuque County Recorder on February 23, 1984 as In- strument No. 1143-84; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and ali objections, oral or written, to the proposal to dispose of interests of the City of Dubuque, Iowa in the hereinabove real estate to the above named grantee. 174 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of in- terest of the City of Dubuque, Iowa in Lot 2 of Sears & Roebuck & Co. Sub- division No. 2 in the City of Dubuque, Iowa retaining a perpetual easement in accordance with a Grant of Easement executed by the City of Dubuque, Iowa and Frommelt Industries which was recorded in the office of the Dubuque County Recorder on February 23, 1984 as Instrument No. 1143~4 to Dubuque In Futura, Inc., be and the same is ap- proved for the price of Two Hundred Fifty and no/lO0 ($250.00) Dollars; that recording, and publication costs will be the responsibility of the grantee; that conveyance shall be by Quit claim Deed, that no abstract will be furnish- ed by the City. Section 2. That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City Clerk be and she is directed and authorized to deliver Deed of Con- veyance, conveying the above describ- ed real estate to the above named grantee upon receipt of the purchase price in full. Passed, adopted and approved this 21st day of May, 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 Beurskens, Deich, Hammel, Manning. Nays--None. Absent--Council Members Klues- ncr, Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing providing for amendment to current City Budget, presented and read. There were no written objections received and no oral objectors received and no oral objectors present at the Special Session, May 21,1984 time set for the Hearing. Council Member Beurskens moved that the proof of publication be recalv- ed and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Manning. Nays--None. Absent--Council Members Klues- ner, Kronfeldt. RESOLUTION NO. 131-84 A Resolution Amending the Current Budget for the Fiscal Year Ending June, 30, 1984 BE IT RESOLVED by the Council of the City of Dubuque, Iowa: Section 1. Following notice publish- ed May 11, 1984 and the public hearing held May 21, 198~ the current budget (as previously amended} is amended as set out herein and in the detail by fund and activity that supports this resolv/ gon which was considered at that hea~ ing: see CHARTonfollowingpages Special Session, May 21,1984 175 CURRENT GOVERNMENTAL FUNDS AS CERTIFIED OR LAST AMOUNT OF AMENDED AMENDED CHANGE TO: 1. Total Beginning Cash Balance 4,760,644 + 368,888 5,129,532 2. Income Other Than Property Tax 11,883,130 + 928,659 12,811,789 3. TranMers In 3,994,229 3,994,229 4. Stnte-Shared Revenue 2,544,420 2,544,420 5. Prolmrty Tax Azkin~ 11,361,730 11,361,730 6. TOTAL RESOURCES 34,544,153 +1,297,547 35,841,700 7. Less: Worldng Balance (Reserve) 5,987,792 5,987,792 8. Leas: TranMem Out 3,344,229 3,344,229 9. Net Resource~ for Appropriations 25,212,132 +1,297,047 20,509,679 10. Commmflty Protection 7,314,889 + 23,445 7,338,334 11. Human Development 3,966,544 + 226,555 4,193,099 12. Home and Community Environment 12,336,054 + 949,607 13,285,661 13. Policy and Administeation 1,594,645 + 97,940 1,692,585 14. TOTAL APPROPRIATIONS 25,212,132 +1,297,547 26,509,679 Reason: CURRENT PROPRIETARY FUNDS AS CERTIFIED OR LAST AMOUNT OF AMENDED AMENDED CHANGE TO: 1. Total Beginning C~mh Balance 2,519,564 + 37,500 2,557,064 2. Income Other Than Tax 3. Transfers In 8.434,337 8,434,337 4. Stat~-SharedRevenue 5. Tax Asldn 6. TOTAL RESOURCES 10,953,901 + 37,500 10,991,401 11. Human Development 12. Home and Community En,dronment 8,122,142 + 14,000 8,136.142 Special Session, May 21, 1984 177 176 Special Session, May 21, 1984 13. Policy and Administration 324,763~ + 23.500 348,263~ 14. TOTAL APPROPRIATIONS $,446.90~5 + 37.500 8,484,405~ PROGRAM Connnunity Human Home & Corem. Policy and TOTALS Protection Development Environment Adwinistration FROM: 15. _7,314,889~ 3,966,544 20,458,196 1,919.408~ TO: 16. . 7,338,33~4 4,193,09~9 21,421,80~3__2,040.848 Passed this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Manning. Nays--None. Absent--Council Members Khies- net, Kronfeldt. RESOLUTION NO. 132-84 A Resolution for the Permanent Transfer of Funds WHEREAS, there is now in the hands of the Treasurer the sum of $26,162 credited to the General Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $387,500 credited to the Wastewater Treatment Plant Construction Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $186,000 credited to the Sanitary Sewer Depreciation Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $33,000 credited to the Parking Depreciation Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $156,000 credited to the Water Depreciation Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $7,800 credited to the Road Use Tax Fund; and WHEREAS, there is now in the hands of the Treasurer the sum of $7,800 credited to the Community Development Fund; and WHEREAS, it is desired to transfer $26,162 from the General Fund to the Golf Construction Fund in order to reserve the prior year net surplus for capital projects; and WHEREAS, it is desired to close out the ~Vastewater Treatment Plant Construction Fund balance of $387,500 into the Sanitary Sewer Con- struction Fund; and WHEREAS, it is desired to transfer $186,000 from the Sanitary Sewer Depreciation Fund to the Sanitary Sewer Construction Fund for support of future capital improvements; WHEREAS, it is desired to transfer $33,000 from the Parking Deprecia- tion Fund to the Parking Construction Fund for support of future capital ira- provements; and WHEREAS, it is des/red to transfer $156,000 from the Water Depreciation Fund to the Water Construction Fund for support of future capital im- provements; and WHEREAS, it is desired to transfer $7,800 from the Road Use Tax Fund and $7,800 from the Community Development Fund to the Industrial Center Control Fund for the local share of additional on-site expense on the Industrial Center Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said sum of $804,262, as set forth above, be and the same is hereby transferred from the General Fund, Wastewator Treatment Plant Construction Fund, Sanitary Sewer Depreciation Fund, Parking Deprecia~ tion Fund, Water Depreviation Fund, Road Use Tax Fund and Community Development Fund to the I~tolf Con. struction Fund, Sanitary Sewer Con- struetion Fund, Parking Construction Fund, Water Construction Fund, and the Industrial Center Control Funa and City Finance Director is directed to correct his books accordingly. Passed approved and adopted this 21et day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution, Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Manning. Nays--None. Absent--Council Members Klues- net, Kronfeldt. Communication of City Manager r~ questing authorization to submit com- bined Section 9A Structural Analysis Study and Section 9 Fiscal Year 1985 Operating Assistance application to UMTA and to set a date for Public Hearing for same, presented and read. Council Member Beurskens moved that the communication be received and filed and matter set for Fubllc Hearing on June 18, 1984, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Second- ed by Council Member Hammel. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hammel, Manning. Nays--None. Absent--Council Members Khies- ncr, Kronfeldt. RESOLUTION NO. 133-84 Resolution Authorizing the Filing of Applications with the Dep~rtmcot of Transportation, United States of America, for Grants Under the Urban Mass Transportation Act of 1964, as Amended~ WHEREAS, the Secretary of Transportation is authorized to make grants for a mass transportation pro- gram of projects; WHEREAS, the contract for finan- cial assistance wiI1 impose certain obligations upon the applicant, in- cluding the provision by it of the local share of the project costs in the pro- gram; WHEREAS, it is required by the U.S. Deportment of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an ap- pllcation for assistance under the Ur- ban mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Ti- tle VI of the Civil rights Act of 1964 and the U.S. Department of Transpor- tatinn requirements thereunder; and WHEREAS, it is the goal of the ap- plicant that minority business enter- prise be utll/zed to the fullest extent possible in connection with these pro- ects, and that definite procedures shall be established and administered to ensure that minority business shall have the maximum construction con- 178 Special Session, May 21, 1984 tracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the Mayor of the City of Dubuque is authorized to execute and file applications on behalf of the City of Dubuque with the U.S. Depart- ment of Transportation to aid in the financing of operating and planning assistance projects pursuant to Sec- lion 9 of the Urban Mass Transporta. lion Act of 19~4, as amendec~ Section 2. That the mayor of the City of Dubuque is authorized to execute and file with such applications an assurance or any other document re- quired by the U.S. Department of Transportation effectuating the pu~ poses of Title VI of the Civil Rights Act of 1964. Section 3. That the Transit Manager is authorized to furnish such addi- tional information as the U.S. Depart- ment of Transportation may require in connection with the application for the program of p~ rojects. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the program of projects' procurement Section 5. That the Mayor of the City of Dubuque is authorized to execute grant agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financ- lng of the operating and planning assistance program of projects. The undersigned duly qualified and acting Mayor of the City of Dubuque certifies that the foregoing is a true and correct copy of a resolution, adopted at a legally convened meeting of the City Council of the City of Dubuque, Iowa, held on May 21, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammei, Manning. Nays--None. Absent--Council Members Klues- ncr, Kronfeidt. Communication of City Manager submitting documents providing for the construction of Walker and Oneida Street Sanitary Sewer, presented and read. Council Member Hammei moved that the communication be received anf filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammei, Manning. Nays--None. Absent--Council Members Khies- ncr, Kronfeidt. Necessity for Improvement RESOLUTION NO. 134~84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of Dubuque 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 pro- posed to be assessed against each lot and valuation of each lot as fixed by the City council, for the Walker- Oneida Sanitary Sewer. BE IT THEREFORE RESOLV- ED that the City Counc'd 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 resolutions of necessity, they shah be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure, Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Special Session, May 21, 1984 179 Council 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 spocial benefits conferred. The portion of the cost which shah be borne by the City will be paid from the Sanitary Sewer Construction 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 tha contractor. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 21st day of May, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved ap- proval of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Manning. Nays--None. Absent--Couneit Members Klues- net, Kronfeidt. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 135-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the proposed plans, specs, form of contract, plat and schedule, including all items of material and work required for the Walker-Oneida Sanitary Sewer Project in the amount of $96,241.40 are hereby approved and ordered filed in the Office of the City Clerk for public inspection, and are to be con- s~dered part of this Resolution. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammei 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, Manning. Nays--None. Absent--Council Members Klues- her, Kronfeldt. RESOLUTION NO. 136-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the attached sheets, No. i through 2 inclusive, are hereby determined to be the schedule of pro- posed assessments for the City of Dubuque Walke~Oneida Sanitary Sewer, and the valuations set out therein, are hereby approver~ ADOPTED this 21st day of May, 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 Beurskens, Deich, Hammel, Manning. Nays--None. Absent--Council Members Klues- her, Kronfeldt. (FIXING DATE OF HEARING) RESOLUTION NO. 137-84 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- ~ract and placed same on file in the of- lice of the City Clerk for public inspec- tion, for the Walker-Oneida Sanitary Sewer; and WHEREAS, the proposed Resoin- 180 Special Session, May ~1, l~l tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection, NOW, THEREFORE, BE IT RESOLVED, that on the 18th day of June, 1984 public hearing will be held at 7:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the mat- ter may appear and be heard for or against the making of the improve- ment, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publica- tion of which shall be not less than ten days prior to the day fixed for its con- slderation. Unless property owners at tho time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity they shall be deemed to have waived all objections thereto. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Bearskens. Car- tied by the following vote: Yeas--Mayor Brady, Couanil Mem- bets Beurskens, Deinh, Hammel, Manning. Nays--None. Absent--Council Members Klues- her, Kronfaldt. Communication of City Manager submitting documents providing for the construction of the Chaplain Schmitt Memorial Island Park and Recreation Complex- construction of Infields and Warning Tracks, presented and read. Council Member Bearskens 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, Hammal, Manning. Nays--None. Absent--Council Memberis Klans. ner, Kronfeldt. (Necessity for Improvement) RESOLUTION NO. 138-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- qan, Iowa, 0nd are now on file 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 Chaplain Schmitt Memorial Island Park and Recreation Complex-Con- struction of Infields and Warning Tracks. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvements, and unless interested persons at the time of the final con- s~deratlan 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- cfi and are now on file with the City Clerk, That the cost and expense of nmhing said improvement will.be paid from a capital improvement levy and private donations. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 21st day of May, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A~ Davis City Clerk Special Session, May 21, 1984 181 Council Member Beurskans moved approval of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Delah, Hammel, Nays--None. Abecnt--Council Members Klues- nar, Kronfaldt. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 139-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specifica- tions, form of contract, etc. for the Chaplain Schmitt Memorial Island Park and Recreation Complex-Con- struction of Infields and Warning Tracks, in the estimated amount of $39,778.50, are hereby approved and ordered filed in the Office of the City Clerk for public inspection and are to be considered a part of this Resolution. Passed, approved and adopted this 21st day of May, 1984. Jalnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskene, Deich, Hammel Manning. Nays--None. Absent--Council Members Klues. ner, Kronfeldt. (FIXING DATE OF HEARING AND AUTHORIZING ADVERTISE- MENT FOR PROPOSALS) RESOLUTION NO. 140-84 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion for the Chaplain Schmitt Memorial Island Park and Recreation Complex-Construction of Infields and Warning Tracks, and WHEREAS, the proposed Resolu- tion of Necessity for saldimprovement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED that on the 18th day of June, 1984, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jeetions with the City Clerk, they shah be deemed to have waived ail objee- tions thereto. 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 circulation in the City of Dubuque, Iowa, which notice shall not be ]ess than four days nor mare than twenty days prior to the receipt of said proposals at 10:00 a.m. the 7th day of June, 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 Public Library Auditorium at 7:30 p.m. on the 18th day of June, 1984. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas~Mayor Brady, Council Mem- 182 Special Session, May 21, 1984 bers Beurskens, Deich, Hammel, Manning. Nays--None. Absent--Council Members Klues- ncr, Kronfeldt. Communication of City Manager and County Sheriff recommending ap- proval of implementation of a new Dubuque Area Public Safety Com- munications Center, presented and read. Council Member Beurskens 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 Manning. Nays--None. Absent--Council Members Kluee- her, Kronfeldt. Council Member Deich moved that they amend the Dubuque Area Public Safety Communications Center Agree- ment by changing Article VI, Section 2, to include (d) One member of the County Board of Supervisors; and One member of the Dubuque City Council. Seconded by Mayor Brady. Vote on the motion was as follows: Yeas--Council Member Deich Nays--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Manning. Absent--Council Members Khies- her, Kronfeldt. MOTION FAILED. RESOLUTION NO. 141-84 A Resolution approving an agreement by and between Dubuque County, 19wa, and the City of Dubuque, Iowa~ providing for the establishment, maintenance and operation of the Dubuque Area Public Safety Com- munications Center. WHEREAS, in order to achieve economy of operations while maintain- lng, improving and coordinating the professional dispatching of public safety services in the Dubuque area, the separate emergency communica- tions centers operated by the County Sheriff, City Police Department and City Fire Department should be con- soildated into a joint Dubuque Area Public Safety Communications Center; and WHEREAS, the Dubuque City Manager and Dubuque County Sheriff have recommended that a joint Dubu- que Area Public Safety Communica. tions Center be established; and WHEREAS, a proposed Agreement between Dubuque County and the Ci- ty of Dubuque has been prepared to establish and provide for the maintenance and operation of the Dubuque Area Public Safety Com- munications Center; and WHEREAS, the Dubuque City Council deems it to be in the best in- terest of the City of Dubuque to enter into such Agreement with Dubuque County for the establishment, maintenance and operation of a Dubu- que Area Public Safety Communica- tions Center, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement at- tached hereto and made a part hereof by and between Dubuque County, Iowa, and the City of Dubuque, Iowa, providing for the establishment, maintenance and operation of the Dubuque Area Public Safety Com- munications Center is hereby approv- ed. Section 2. That the Mayor is hereby authorized and directed to sign said Agreement for and on behalf of the Ci- ty of Dubuque, loww Section 3. That the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Chairperson of the Board of Supervisors of Dubuque County, low& Passed, approved and adopted this 21st day Of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried Special Sesslon~ May 21, 1984 183 by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Nays--None. Absent--Council Members Klues- net, Kronfeldt. Petition of Al Polssan requesting to address the Council regarding water, sewer, street and services in Crescent Ridge area, presented and read. Mr. Polsean spoke to the petition. Discussion followed. Petition of Tri-State Veteram Memorial Assn., Inc. requesting a perpetual Lease for a tract of land, for the location of a~l All Veterans Memorial Complex, presented and read. David LaRue, 2618 Broadway, as President of the Assn., spoke to the petition. Council Member Beurskens moved that the petition be received and filed and referred to the Dock Commission and Legal Staff to begin looking at the lease. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Manning. Nays--None. Absent--Council Members Klues- her, Kronfeldt. Council Member Kronfeldt entered the Chambers at 9:00 P.M. Petition of Mary Richardson et al (299 signers~, Wonder Bread and Hostess Cake, Trausch Baking Co., Coca Cola Bottling Co., Swiss Valley Farm., Frito-Lay, Inc., Best Beers Cor- poratlon, Dubuque Holiday Sales, Kir- chhoff Distributing Co., Inc., Doe Sales, Inc. and Brown and Williamson Tobacco Corp., Pepsi-Cola Bottling Co., and Mid-Continent Bottlers, Inc, requesting to change the parking along the south side of University Ave. between Glen Oak and Alpine to 15 minute parking limit, 24 hours per day, 7 days per week, presented and read. Council Member Beurskens moved that the petition be received and filed and referred to the City Manger. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. 9:12 P.M. Council Member Manning moved to go in~ Closed Session to d~eeuee strategy with Counsel in mat- ters that are presently in litigation in accordance with Ch. 28A.5 Sec. (lc), Code of Iowa, 1983. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. 9:53 P.M. Council Reconvened. The Mayor advised that the Legal Staff had been given direction regarding pending litigation. Communication of City Manager recommending affirmation of suspen- sion of a Water Division employee for three work days (24 work hours), presented and read. Council Member Beurskens moved that the communication be received and filed and suspension affirmed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens, Hammel, Kronfeldr, Manning. Nays--Mayor Brady, Council Mem- ber Deich. Absent--Council Member Kluesner. Communication of City Manager recommending a letter of Agreement with the State Historical Department for grant to prepare a National Register Nomination for Cathedral District, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Mann/ng. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. 184 Absent--Council Member Kluesner. RESOLUTION NO. 142-84 A Resolution Authorizing the Mayor to Execute a Letter of Agreement with the Iowa State Historical Department for Nomination of Cathedral National Register District. WHEREAS, the City of Dubuque Historic Preservation Commission has submitted an application to the Iowa State Historical Department Office of Historic Preservation for a matching grant for nomination of Cathedral Na- tional Register District; and WHEREAS, the Iowa State Historical Department Office of Historic Preservation has approved said application and has now forward- ed for execution by the City of Dubu- que a letter of agreement providing for the acceptance and administration of the State Grant-In-Aid project. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Special Session, May 21,1984 bets Beurskens, Deich, Hammel, Ksunfeldt, Manning. Nays--None. Absent--Council Member Klueener. Communication of City Manager submitting documents necessary for the approval of the assignment of lease from Allied Chemical Corpora- tion to Arcadian Agricultural Corpora- tion, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council ~lember Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Kronfeldt, Manning. Nays--None, Absent--Council Member Klueener. Section 1. That the Letter of Agree- ment hereto attached, including all et- hibits and morhed OHP Contract No. CLG-83-02, between the City of Dubu- que Iowa, and the Iowa State Historical Department Office of Historic Preservation, providing for the preparation and submission of Na- tional Register Historic District Nomination for the Cathedral Historic Preservation District is hereby approv- Section 2. That the Mayor be and he is hereby authorized and directed to execute said Letter of Agreement on behelf of the City of Dubuque, Iowa, Passed, adopted and approved this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hannnel moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- RESOLUTION NO. 143-84 WHEREAS, the City of Dubuque Board of Dock Commissioners has for- warded to City Council the recommen- dation that the assignment of lease to arcadian Agricultural Corporation from Allied Chemcial Company has been properly submitted by Allied Chemical Company to thc City of Dubuque; and WHEEEAS, the City of Dubuque Board of Dock Commissioners and Ci- ty staff have assured the City Council of the City of Dubuque that lease quirements have been met by the Allied Chemical Company; and WHEREAS, the City Council of the City of Dubuque concurs with the recommendation of the City of Dubu- que Board of Dock Commissioners that it is in the best interest of the City of Dubuque to approve the assign- ment of the lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: 1. That the assignment of lease for 2.02 acres of municipal property located on Jones and Water Street held by Allied Chemical Company to Arcadian Agricultural Corporation be approved. Special Session, May 21, 1984 185 2. That the Mayor be authorized and directed to execute a consent to the assignment of the lease from Allied Chemical Company to Arcadian Agricultural Company. 3. That the Mayor be authorized and directed to sign the Landlord's con- sent to waiver agreements as attached to this Resolution. 4. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resohi- tion in the office of the Dubuque Coun- ty Recorder in and for Dubuque Coun- ty, Iowa immediately. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hannnel moved adoption of the Resolution as amend- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. Connnunication of City Manager submitting documents for finalization of the renewal of lease of the Koch Refining Co., '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, Kronfeldt, Manning. Nays--None. Absent--Council Member Khiesner. RESOLUTION NO. 144-84 WHEREAS, the City of Dubuque Board of Dock Commissioners has reviewed the request'of Koch Refining Company, parent of Dubuque Oil Com- pany, for renewal of the lease and agreement between the Dubuque Oil Terminal and the City of Dubuque; and WHEREAS, the City of Dubuque Board of Dock Commissioners has recommended to the City Council of the City of Dubuque the approval of renewal of the lease; and WHEREAS, the original lease of the Dubuque Oil Terminals is dated March 25, 1964, and renewal of this lease has been completed by proper notice of the lessee to the City of Dubuque in prior years; and WHEREAS, the terms of the lease and agreement of the Dubuque Oil Terminals have been complied with and the notice of renewal submitted in a timely manner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the renewal of the tension of lease between the City of Dubuue and Dubuque Oil Terminals, original lease dated March 2~, 1964, is hereby approvec~ Section 2. That the expiration date for the lease renewal period is March 25, 1989. Section 3. The Mayor be authorieed and directed to sign this resolution renewing the option of the Dubuque Oil Company. Section 4. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa immediately. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bsurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. 186 SpeeialSession, May21,1984 Communication of City Manager recommending acceptance of Agree- ment between City and the Amni- ~amated Transit Union, Division/]329, presented and read. Council Member Kronfeldt moved that'tha communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 145-84 Accepting the Agreement between the City of Dubuque, Iowa, and the Amalgamated Transit Union, Division #329, and authorizing the Mayor to sign Said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa: and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 311) of the Public Employ- ment Relations Act; and WHEREAS, THE Amalgamated Transit Union, Division #329, is an employee organization within the meaning of Section 314) of the Public Employment Relations Act; and WHEREAS, the Amalgamated Transit Union, Divison #329, submit- ted a request to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an Agree ment has been concluded. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA, that the terms of the Agree- ment by accepted and the Mayor authorized to sign the attached celiac- tire bargaining agreement. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bare Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None, Abeent--Councll Member Kluesner, Communication of City Manager recommending acceptance of Agre~ ment between City and General Drivers and Helpers Union, Local #421, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council ~Iember Beurskeas. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Khieener, RESOLUTION NO. 146-84 Accepting the Agreement between the City of Dubuque, Iowa, and the General Drivers and Helpers Union, Local//421, and authorizing the Mayor to sign Said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employment Relaitions Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3il} of the Public Employ- ment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421, is an employee organization within the meaning of Section 3i4) of the Public Employment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421, sub- mitted a request to bargain collective- Special Session, May 21, 1984 187 ly on behalf of the emloyees within its representation; and WHEREAS, bargaining between the parties has occurred and an Agree- ment has been concluded. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA, that the terms of the Agre~ ment be accepted and the Mayor authorized to sign the attached celiac- tire bargaining agreement. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner, Communication of City Manager reconnnendhig acceptance of Agree- ment between City and Polleemen's Protective Association, presented and mad. 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, Dnich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Khiesner. RESOLUTION NO. 147-84 Accepting the Agreement between the City of Dubuque, Iowa, and the Dubu- qua Policeman's Protective Associa- t/on, and authorizing the Mayor to sign Said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Sections 3(1) of the Public Employ- ment Relations Act; and WHEREAS, the Dubuque Police- men's Protective Association is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the Dubuque Police- men's Protective Association, submit- ted a request to bargain collectively on behalf of the employees within its representation; and WHERE, bargaining between the parties has occurred and an Agree- ment has been concluded. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA, that the terms of the Agre~ ment be accepted and the Mayor authorized to sign the attached collec- tive bargaining agreement. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Bearshens moved adoption of the Resohition. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kronfeldt, Manning. Nays--None. Abeent--Councfl Member Kluesner. Communication of City Manager recommending acceptance of Agree- ment between City and International Union of Operating Engineers, Local ~758, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: 188 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 148-84 Accepting the Agreement between the City of Dubuque, Iowa, and the Inter- national Union of Operating Engineers, Local/f758, and authorizing the Mayor to sign Said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employ- ment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local ~58, is an employee organization within.the meaning of Section 314) of the Public Employment Relations Act; and WHEREAS, the Internatlonal Union of Operating Engineers, Local ~58, submitted a request to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an Agree- ment has been concluded. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA, that the terms of the Agree- ment be accepted and the Mayor authorized to sign the attached collec- tive bargaining agreement. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- Special Session, May 21, 1984 tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. Communication of City Manager recommending acceptance of Agree- ment between City and Professional Firefighters, Local #353, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskean, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 149-84 Accepting the Agreement between the City of Dubuque, Iowa, and the Dubu- que Association of Professional Fire Fighters, Local #353, and authorizing the Mayor to sign Said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Sections 3ID of the Public Employ- ment Relations act; and WHEREAS, the Dubuque Associa- tion of Professional Fire Fighters, Local #353, is an employee organiza- tion within the meaning of Section 3(4} of the Public Employment Relations Act; and WHEREAS, the ~Dubuque Associa- tion of Professional Fire Fighters, Local #353, submitted a request to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an Agree- ment has been concluded. Special Session, May 21,1984 189 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA, that the terms of the Agre~ ment ha accepted and the Mayor authorized to sign the attached collec- tive bargaining agreement. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carri~ by the following vote: Yeas--Mayor Brady, Council Mere bers Beurskens, Deich, Hamme] Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. Communication of City Manger recommending acceptance of Fiscal Year 1985 Compensation Package for Nonbargaining Unit Employees, presented and read. Council Member Kronfeldt 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, Dalch, Hammel Kronfaldt, Manning. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 150-84 Adopting the Fiscal Year 1985 Com- pensation Package and Wage Plan for Nonbargalning Unit Employees WHEREAS, each of the City's five collective bargaining units will be receiving a compensation package in Fiscal Year 1985 that represents an in- crease of 2.5%; and WHEREAS, it has been the practice to provide a compensation package to nonbergnining unit employees similar to the compensation package to be receivd by bargaining unit employees; and WHEREAS, the proposed compen- sation package for nonhargaining unit employees for Fiscal Year 1985 represents an increase of 2.5%. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA, that the compensation package and wage plan for non- bargaining unit employees for Fiscal Year 1985, which reflects an across the board wage increase of three (3) per- cent effective September 3, 1984, is hereby approved. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. An ORDINANCE Amending the Zoalng Ordinance and Zoning Map by reclassifying properties along Julien Dubuque Drive from their current zon- lng classifications to "PI Planned In- dustrial District" to be known as "Julien Dubuque Drive Planned dustrial District", said Ordinance hav- lng been presented and read at the Council Meeting of May 7, 1984. Council Member Beurskens moved that the reading just had be con- sidered the second reading of the Or- dlnance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kronfeldt, Manning. Nays--Council Member Deich. Absent--Council Member Kiuesner. 190 Special Session, May 21, 1984 Communication of City Manager recommending acceptance of contract for the reconstruction of Peru Road at the abandoned Ckleago and North- western Railroad Crossing, presented and read. Council Member Deich moved that the communication be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. (Accepting Improvement) RESOLUTION NO. 151-84 WHEREAS, the contract for the Reconstruction of Peru Road at the abandoned Chicago Northwestern Railroad crossing has been completed and the City Manager has examined the work and filed ins certificate stating that the same has been com- pleted according to the terms of the contract, plans, and specifications and recommends its acceptance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted. BE IT FURTHER RESOVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund an amount equal to the amount of ins contract, less any retained percentage provided for therein. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adap- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. (Final Estimate) RESOLUTION NO. 152-84 WHEREAS, the contract for the Reconstruction of Peru Road at the abandoned Chicago Northwestern Railroad Crossing has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said ira- provement is hereby determined to be $110,678.93 and that said amount shall be paid from the General Fund of the City of Dubuque, loww Passed, approved and adopted tins 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deick moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning,. Nays--None. Absent--Council Member Khiesner. Proof of publication, certified to by the Publisher, on Notice to Contrac- tore for the receipt of proposals for the construction of the reconstruction of John F. Kennedy Road from Penn- sylvania Ave. to University Ave., Communication of City Manager recommending to award contract for above to Fynn Co., Inc., and a Resolu- tion Awarding Contract for said Pro- ject to Flynn Co., Inc,, i~n the amount of $1,005,891.52, presented and read. Council Member Kronfeldt moved Special Session, May 21,1984 191 that the above be tabled. Seconded by Council Member Dclch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrekens, Dsich, Hamme] Kronfeldt, Manning. Nays--None. Absent--Council Member Klueeaer. BOARDS AND COMMISSIONS: Planning and Zoning Commission 3-3 Year terms to expire May 24, 1987 (Terms of K. Krieg, A, Honkamp and W. Delaney) Applicants: Wm. E Delaney, Katie Krieg, Dennis Meack Gordon E. Mills, Dennis R. White Chuck Cart. Council Member Banrskens voted for Delaney, Krieg, Maack; Mayor Brady voted for Delaney, White and Maack; Council Member Deich voted for Delaney, Krieg, Mills; Council Member Hammel voted for Delaney, Maack, Mills; Council Member Kluesner--Abeent; Council Member Kronfeldt voted for Dsianey, Maack, White; Council Member Manning voted for Delaney, Manck, White. Therefore, William Delaney and Dennis Manck appointed to the 3 year term on the Planning and Zoning Com- mission to expire 5-24-87. Second Vote for third term: Council Member Beurskens voted for Krieg; Mayor Brady voted for White; Council Member l~sich voted for Krieg; Coun- cil Member Hammel voted for White; Council Member Kluesner--Absent; Council Member Kronfeldt voted for White; Council Member Manning voted for White. Therefore Dennis White appointed to a three year term on the Planning and Zoning Commission to expire 5-24-87. Fire and Police Retirement System 4 Year term to Expire 3-31-88, Appli- cant: Fred Pape. Council Member mov- ed that appointment be delayed. Seconded by Council Memboi- Bear- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kronfsidt, Manning. Nays--None. Absent--Council Member Kluesner. RESOLUTION NO. 153-84 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. Clara Johnson & Judy A. Besler 385 E. 13th St. Dennis Althaus 25 Ruby St. l~amily Mart, Inc. 3201 Central Ave. Bart & F. Enterprises, Inc. 703 Town Clock Plaza Beecher Co., Inc. 1691 Asbory Rd. Beecher Co., Inc. 2399 White St. C.K. of Dubuque, Inc. 3187 University Ave. Velma Curran 2372 Central Ave. Mary Detainer 1445 Central Ave. Patrick & B~rhara Dougherty 229 West 8th St. Eagle Discount Center#109 200 S. Locust St. Eagle Discount Center #130 1800 Elm St. Eagle Discount Center #320 2050 J. F. Kennedy Rd. Happy's Place, Inc. 2323 Rockdaie Rd. Hy-Vee Food Stores, Inc. 3333 Asbury Rd. K-Mart Corp 2600 Dodge St. Raymond F. Kaesbauer 431 Rbomberg Ave. Kopps Market Inc. 2600 Dodge St. Miracle Car Wash, Inc. 255 Locust St. Mulgrew Oil Company-- Ashury Fastop 3300 Asbury Rd. Mulgrew Oil Company-- Mr. Fixit Automotive 2600 Dodge St. Nash Finch Company 190 J. F. Kennedy Rd. Eugene Arthur Ottlng 1689 Elm St. Riverside Bowl, Inc. 1860 Hawthorne St. Rnegintz Drug Store 629 Rhomherg Ave. 192 John L. Savary Savary Tavern Sunshine Mart of Dubuque, Ltd. 430 Rhomherg Ave. T.C,S. Incorporated 3412 Pennsylvania Ave. Earl Tegeler 620 S. Grandvlew Ave. Raymond Tschiggfrie 1194} Dodge St. Allen C. Tressel 2528 Central Ave. Walgreen Co. 555 J. F. Kennedy Rd. Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, De{ch, Hammal, Kronfeldt, Manning. Nays--None.. Absent--Council Member Kluesner. Special Session, May 21,1984 Kevin McGlffin's Kitchen, Inc. 3500 Dodge St. {Also Sunday Salesl CLASS "C' BEER PERMIT Ralph J. Cremer 731 Rhomherg Ave. {Also Sunday Sales) Beecber Co., Inc. 2399 White St. (Also Sunday Sales) Beecher Co., 1691 Asbury Rd. IAlso Sunday Sales) Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution, Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfetdt, Manning. Nays--None. Absent--Council Member Klueener. RESOLUTION NO. 154-84 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 oc- cupied by such applicants were ~n- spected and found to comply with the Ordinances of this City and have filed proper bond; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER pERMIT Resurrection Men's Service Club McAleece Field (Also Sunday Sales) Clara L. Johnson & Judy A. Besler 385 E. 13th St. RESOLUTION NO. 155-84 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 o.c- cup{ed by such .applicants were ~n- 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 RESOLVED by ~he City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named appli- cant(s) a Liquor License. CLASS "A" {CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club 1800 Randall Pl. {Also Sund~y Sales) Special Session, May 21, 1984 193 CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE WCB Restaurants, Inc. 3100 Dodge St. (Also Sunday Sales) CLASS "C" {COMMERCIAL) BEER AND LIQUOR LICENSE 1933, Inc. 225 West 6th St. (Also Sunday Sales) Beverly A. Larenn 3050 Asbury Rd. (Also Sunday Sales) Passed, approved and adopted this 21st day of May, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yens--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kronfoldt, Manning. Nays--None. Absent--Council Member Kluesner. MINUTES SUBMITTED: Electri- cai Examlng Bd. of 5-7, Library Bd. of 4-17; Park and Recreation Commission of 5-8, presented and read. Council Member Beurskens moved that the minutes be received and filed. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammal, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. Aiport Comm. of 4-17, presented and read. Council Member De{ch moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klueener. Petition of Dubuque Golf and Coun- try Club requesting permission to display fireworks on July 4, 1984 at 9:15 p.m. on their grounds, presen~d and rend. Council Member Banrskens moved that the petition be approved, subject to implementatlon of the City Manager, Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammal, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. Petition of Dubuque Jayceee re- questing permission to hold a Fourth of July Fireworks display on July 4, 1984 at Veterans Memorial Park, alternate rain date would be July 6, 1984, presented and read, Council Member Beurskens moved that the petition be approved, subject to implementation of the City Manager. Seconded by Council Member Kronfeldt, Carried by the fonowing vote: Yeas--Mayar Brady, Council Mem- hers Banrskens, De{ch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. Communication of Corporation Counsel recommending denial of pro- petty damage claim of Lloyd Lubbers, presented and read. Council Member Beurskens moved that the communication be received and filed and denial approved. Second- ed by Council Member Manning, Car~ ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. NOTICES OF CLAIMS AND SUITS: Frank Buol in unknown omount for damages; Tina Marie Butlett by Attorney Pete J. Klauer in unknown amount for damages; Robert J. Eichacker in amount of $199 for proporty damages; H, Spencer and 194 Special Session, May 21, 1984 Beatrice Smith in unknown amount for personal injuries, expenses and damages incurred; Eugene V. Smith in estimated amount of $164.80 for car damages; Wffilam pander in amount of $770,51 for property damages, presented and read. Council Member Beurskans moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None, Absent--Council Member Kinesner. Proof of publication, certified to by the Publisher, of List of Claims for month of March, 1984; Notice of Fin- ding of the Significant Effect on En- vironmant for the Dubuque Historic Improvement Co. Project; Notice of F~nding of No Significant Effect on Environmant for ARC Foundation, Dubuque-In-Future, Inc. and Dubu- que Stamping and Mfg, Projects and Notice of Opportunity for Public Hear- lng on design of North West Arterial from Penn. Ave. to Asbury Road, presented and read. Council Member Beurskens moved that the proofs of publication be received and filed. Seconded by Coun- cil Member Manning. Carried by the following vote: yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Kronfeldt, Manning. Nays--None. Absent--Council Member Kluesner. Communication of Housing and Ur- ban Development advising of receipt of City's audit report for Community Development Block Grant Program and acknowledging receipt of Dubu- que's Urban Development of Action Grant application, presented and read. Council Member Bcurskens 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, Kronfeldt, Manning. Nays--None. Absent--Council Member Kinesner. Communication of Sister Jordan Dahm advising of resignation from the Housing Commission, presented and read, Council Member Bcurskens moved that the communication be received and filed and accepted with regret. Seconded by Council Member Mann- lng. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kinesner. U.S. Army Corps of Engineers ad- vising of a City's permit to dredge from four areas in the Mississippi River to be used as fill, presented and read. Council Member Beurskens moved that the notice be received and filed. Seconded by Council Member Mann- ing. Carried by the following vote: Yces--Mayur Brady, Council Mem- bers Banrskans, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent,Council Member Kluesner. Communication of Library Board of Trustees submitting response to ques- tions raised at the Library's Fiscal Year 1984 Budget Hearing on February 6, 1984, presented and read. Council M~mber Deich moved that received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayar Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absant--Council Member Kinesner. Al Polsean, 3515 Crescent Ridge, stated there would be a savings if utili- ty bills were sent out every other month. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Special Session, May 21, 1984 I~onfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kronfeldt Manning. Nays--Council Member Deich. Absent--Council Member Kluesner. Mary A. Davis City Clerk Approved. .1984 Adopted 1984 Mayor Council Members ATTEST: City Clerk 195