1984 June Council Proceedings196
Special Session, May 21, 1984
Regular Session, June 4, 1964
und Reconvened Session June 8, 1984
197
CITY COUNCIL
OFFICIAL
Regular Seseiou, June 4, 1984 and
Reconvened Session, June 8, 1984.
Council Met at 7:15 o'clock p.m., at
the Five Flags Civic Center Theatre.
Present--Mayur Brady, Council
Members Beurskens, Dsich, Hammel,
Klucener, Kronfeldt, Manning, City
Manager W. Kenneth Gearhart, Cor-
poratlou Counsel William G. Blum.
Mayor Brady read the cell and
stated that service thereof had been
duly made and this Meeting is the
regular monthly meeting of the City
Council celled for the purpose to act
upon such business which may proper-
ly come before the Counc'd.
7:17 p.m. Council Member Kroufeldt
moved to go into Closed Session to dis-
case with Counsel strategy in matters
which are presently in litigation in ac-
eordunce with Chapter 28A.5 of the
Code of Iowa, 1983. Seconded by
Council Member Manning. Carried by
the following vote:
Yces--Mayer Brady, Council Mem-
bers Beurskous, Deich, Klusener,
Kroufeldt, Mann/ng.
Nays--Council Member Hammel.
7:38 p.m. Council reconvened
Regular Session. Mayor Brady stated
t~t Legal Staff had been given direc-
tion on pending litigation.
Invocation was given by Father
James Chappell, Associate Pastor of
St. Joseph's Catholic Church.
Mayor Brady so proclaimed the
month of June, 1984 as: "Hire a
'veteran Month".
Mayor Brady presented a Cer tificeta
of Appreciation to Carrie Sue Poston,
Miss Dubuque 1984, and wished her
well in the future.
Proof of publication, certified to by
the Publisher, on Notices to Property
Owners advising of Public Hearing
upon proposed Resolution of Necesei-
ty and proposed plans and specs, etc.
for 1984 Street Project and Assess-
ment for the following named streets
as a Rehab'ditation Project: Asbury
Rd. from Crlsey Dr. to Carter Rd.,
Chaney Rd. from Kaufmann Ave. to
Fane St., Clarke Dr. from Asbury Rd.
to St. Ambrose St., Clarke Dr. from St.
Ambrose St. to West Locust St.,
North Grandview Ave. from Dexter
St. to the alley between Clarke Dr. and
Resedale Ave., Lincoln Ave. from
Windsor Ave. to Hamilton St., Penn.
Ave. from J.F.K. Rd. to Lenox St.,
Plymouth Ct. from Grandview Ave. to
the west end; West Third St. from
Grandview Ave. to Hill St., and Vic-
toria and Logan Streets from
Plymouth Ct. to their southerly end,
presented and read.
Council Member Bearskens moved
that the proofs of publication be
received and filed. Seconded by Coun-
cil Member Klusener. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, I-Iammel,
Klusener, Kronfaldt, Manning.
Nays--None.
Certificate of City Clerk certifying
Notices were sent, by certified mail, to
known property owners for said pro-
ject, on May 18, 1984, presented and
read.
Council Member Bearskens moved
that the certificate be received and
filed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yces--Mayor Brady, Council Mem-
bers Beurskens, Dsich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communicetlon of Larry Hamel op-
posing proposed improvement on
Chaney Rd. from Kaufmenn Ave. to
Kane St.; Petition of Thomas A. &
Margaret M, Simon et al (39 signors}
objecting to assessment as proposed
for the rehabilitation of Chaney Rd.
from Kaufmann Ave. to Fane St,; Peti-
tion of Robert A. & Vialette M. Miilius
protesting the renovation of Chaney
Rd. from Kaufmann Ave. to Kane St.;
Petition of approx. 167 signers objec-
t~ng against assessment for the im-
provement of Lincoln Ave. from Wind-
sor to Hamilton; Petition of Mrs.
Frances Crippse objecting to assess-
ment for improvement on Lincoln
Ave.; Petitions of Oliver Keehner and
John & Betty Huseman protesting the
proposed paving of Lincoln Ave.; Peti-
t/on of approx. 25 property owners ob-
jecting to Rehabilitation Project on
198
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
N. Grandview Ave. from Dexter St. to
the alley between Clarke Dr. &
Rosedale Ave.; Petition of approx. 53
property owners objecting to passage
of proposed Resolution of Necessity in
connection with the improvement
and/or paving of Plymouth Ct. and
Victoria; Communication of Reuben
and Jean Pirner objecting to proposed
street improvement pertaining to that
portion of Victoria St. from the in-
tersection of Diane Ct. to its southerly
end; Petition containing 100
signatures objecting to repaying of
West Third St. for various reasons;
Petition of Michael E. Gabriel objec-
ting to proposed Rehabilitation Pro-
ject for W. 3rd St.; Petition of Ethel
Miner objecting to assessment for
Rehabilitation of Lincoln Ave. from
Windsor Ave. to Hamilton St.; Com-
munication of James E. & Geraldine
A. Walsh objecting to Rehabilitation
Project for Penn, Ave. from J.F.K. Rd.
to Lenox St. for various reasons; Com-
munieation of Ethel Hennings objec-
ting to improvement proposed for Lin-
coin Ave.; Petition containing 69
signatures objecting to improvement
of Asbury Rd. from Crissy Dr. to
Carter Rd. at tins time; Communica-
tion of U.S. & Marie G. Lewis objec-
ting to proposed improvement of Vic-
toria Ct.; Communication of Thomas J.
Dougherty protesting to the resurfac-
ing of Chaney Rd. from Kanfman Ave.
to Kane St. for various reasons; Peri-
tion of Eagle Investments, protesting
proposed assessment for project on
Clarke Dr. from St. Ambrose St. to
West Locust St., presented and read.
Council Member Beurskens moved
that the communications and petitions
be received and filed. Seconded by
Council Member Klnesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich. Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Asbury Road From Crissy Dr. to
Carter Road
Pinl Powers, Ambrose Herkes, Jim
Arlen, and Jim Gloor, all property
owners on Asbury objected to the pro-
Council Member Beurskens moved
to include Asbury Rd. from Crissy Rd.
to Carter Rd. in the 1984 Asphalt Pay-
lng Project. Seconded by Council
Member Rronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klnesner, Kronfeldt, Manning.
Nays--None.
Chaney Road from Kaufmann Ave. to
Kane St.
Robert Miliius, Thomas Simon, Greg
Maulsen, Ted Rolling, and Bob
Saunders, all property owners on
Chaney Rd. objected to the proposed
improvement.
Council Member Beurskens moved
to include Chaney Rd. from Kaufman
Ave. to Kane St. in the 1984 Asphalt
Paving Project. Seconded by Council
Member Kronfeint. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Clarke Drive from Asbury Road to St.
Ambrose St.
Gerald Juergens objected to the pro-
posed assessment.
Council Member Beurskens moved
to include Clarke Dr. from Asbury Rd.
to St. Ambrose St. in the 1984 Asphalt
Paving Project. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Clarke Drive from St. Ambrose St. to
W. Locust St.
Council Member Kronfeldt moved to
include Clarke Dr. from St. Ambrose
to W. Locust in the 1984 Asphalt Pay-
lng Project. Seconded by Council
Regular Session, June 4, 1984
and Reconvened SeSsion June 8, 1984
199
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Grandvlew Ave. from Dexter St. to the
alley between Clarke Dr. & Roecdale
Eugene Smith, Larry Smith, and
Elmer Rogers all objected to the pro-
posed assessments.
Council Member Beurskens moved
to include Grandview Ave. from Dex-
ter St. to tho alley between Clarke Dr.
& Rosedale Ave. Seconded by Council
Member Manning. Carried by the
following vote.
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Lincoln Ave. from Windsor Ave. to
Hamilton St.
Rog Cabalk, Oswald Holz, Dick
Ellis, and Mark Zelinskas ail property
owners on Lincoln Ave., objected to
the proposed assessments.
Council Member Kronfeldt moved to
include Lincoln Ave. from Windsor
Ave. to Hamilton St. in the 1984
Asphalt Paving Project. Seconded by
Council Member Manning.
Vote on the motion was as follows:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Kronfeldt,
Manning.
Nays--Mayor Brady, Council
Member Delch.
Pennsylvania Ave. from J.F.K. Road
to Lenox St.
Council Member Beurskens moved
to include Pennsylvania Ave. from
J,F.K. Road to Lenox St. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas~--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Plymouth Court from Grandview Ave.
to the West End.
Sharon Hannon, property owner on
Plymouth Ct., objected to the propos-
ed assessment.
Council Member Beurskens moved
to include Plymouth Ct. from Grand-
view Ave. to the west end in the 1984
Asphalt Paving Project. Seconded by
Council Member Kronfeldt.
Vote on the motion was as follows:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--Council Member Deich.
West Third St. from Grandvlew Ave.
to Hill St.
Linda Rcopsch, Richard Roepech,
Jay Kopp, David Derks, John Sjobok-
ken, Gene Foughty, Ivan Wolf, David
Radioff, all property owners on West
3rd., objected to proposed assessment.
Council Member Beurskens moved
to include W. Third St. from Grand-
view Ave. to Hill St. in the proposed
1984 Asphalt Paving Project. Second-
ed by Council Member Kinesner. Car-
ried by the following vote:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Kronfeldt, Man-
ning.
Nays--Mayor Brady, Council
Member Deich.
Victoria & Logan Sts. from Plymouth
Ct. to their southerly end.
Nell Herberger, Dane Smith, and
Don Wertz, property owners on these
streets, objected to proposed assess-
ment.
Council Member Beurskens moved
to include W. Third St. from Grand-
view Ave. to Hill St. Seconded by
Council Member Kluesner.
Vote on the motion was as follows:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Kronfeldt, Man-
ning.
Nays--Mayor Brady, Council
Member Deich.
Necessity for Improvement
RESOLUTION NO. 113-84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que and are now on file in the office of
Regular Session, June 4, 19~4
and Reconvened Session June 8, 1984
the City Clerk showing among other
things the plans, specifications, form
of contract, estimated cost and
preliminary plat and schedule showing
the amount proposed to be assessed
against each lot and the valuation of
each lot as fixed by the City Council,
for the 1984 Asphalt Paving Project.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless property
owners at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk objco-
tions to the resolution of necessity,
they shall 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-
structod and done in accordance with
the plans end specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
assessed partially or totally against
privately owned property lying within
the assessment limits, and in an
amount not to exceed that provided by
law, and in proportion to the special
benefits conferred.
The portion of the cost which shall
be borne by the City will be paid from
the Road Use Tax Fund, the Revenue
Sharing Fund, and the Parking De-
preclation Fund, and. special assess-
ment bonds may be issued in anticipa-
tion of deferred payments of
assessments when a contract has been
performed and accepted, and the pro-
ceeds thereof used to pay the contrac-
tot.
The above resolution was introdan-
ed, approved and ordered placed on file
with the City Clerk this 7th day of
May, 1984.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Record of Final Adoption
The foregoing resolution was finally
passed and adopted, as amended by
the City Council this 4th day of June,
1984.
Jamea E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesnar moved
adoption as amended. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskene, Deleh, FAuesner, Man-
ning.
Nays--Council Member Hanunel,
Kronfeldt.
RESOLUTION NO. 15684
Resolution with Respect to the Adop-
tion of the Resolution of Necessity
Proposed for the 1984 Asphnlt Paving
Project
WHEREAS, this Council has pce-
posed a Resolution of Necessity for the
1984 Asphalt Paving Project, has
given notice of the public hearing
thereon as required by law; and
WHEREAS, the public hearing has
been held, all persons offering objec~
tions have been heard and considera-
tion given to all objections and is pond-
ing before this Council; and
WHEREAS, this is the time and
place set as provided for the taking of
action on the proposed Resolution of
Necessity.
NOW, THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE IOWA,
that the proposed Resolution of
Necessity described above is hereby
adopted as amended by the schedule of
Amendments attached hereto as Ex-
hibit A, and made a part hereof by
reference. All objections filed or made
having been duly considered are over-
Passed, approved and adopted this
4th day of June, 1984.
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
201
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
EXHIBIT "A"
The following portions of the follow-
ing muned streets are hereby deleted
from the 1984 Asphalt Paving Project:
, 1. Lincoln Avenue from Windsor
Avenue to Hamilton Street,
2. Plymouth Court from Grandview
Avenue to the west end,
$. West Third Street from Grand-
view Avenue to Hill Street,
4. Victoria and Logan Streets from
Plymouth Court to their southerly
cod.
Council Member Klueenar moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dsich, Kluesner, Man-
ning.
Nays--Council Members Hammel,
Kronfeldt.
Decision of Council Upon Objections
to Plans, Speeifieations, Form of
Contract and Cost of Improvements
RESOLUTION NO. 1574/4
WHEREAS, proposed plans and
specifications and form of contract for
the 1984 Asphalt Paving Project have
been approved by the City Council of
the City of Dubuque and public notice
given as provided by the Code of Iowa
pertaining to public contracts and
bonds, and the time and place fixed for
the hearing of all objections to said
plans, specifications or contract for or
cost of such improvements, said time
being this 4th day of June, 1984; and
WHEREAS, the City Council met in
regular session this 4th day of June,
1984, at 7:30 p.m. at the Five Flags
Civic Center for the purpose of hearing
all interested porties and considering
any and all objections which have been
filed to the proposed plans, specifica-
tions or contract for or cost of the ira-
provement herein described and pro-
posed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
be~n duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
each plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution contaiaing the
decision of this City Council upon all
objections which have been fried to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, approved and adopted this
4th day of June, 1984.
James E. Brady
Mayor
A'VrEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayur Brady, Council Mem-
bers Beurskens, Dsich, Kineeaer, Man-
ning.
Nays--Council Members Hammel,
Kroufsidt.
(Ordering Construction)
RESOLUTION NO. 158~4
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 113-84 which was duly
passed by this Council for the 1984 As-
phalt Paving Project 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 fha in the office of the City
Clerk.
202
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
BE IT FURTHER RESOLVED
that the cost and expense of making
said improvement will be assessed par-
tlally or totally against privately own-
ed property lying within the assess-
ment limits, and in an amount not to
exceed that provided by law, and in
proportion to the special benefits con-
ferred. The portion of the cost which
shall be borne by the City will be paid
from the Road Use Tax Fund, the
Revenue Sharing Fund, and the Park-
ing Depreciatlon Fund, and special
assessment bonds may be issued in an-
ticipation of deferred payments of
assessments when a contract has been
performed and accepted and the pro-
ceeds thereof used to pay the con-
t~actor.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 21st day of June, 1984. Bids shall
be opened and read by the City Clerk
at said time and ~ be submitted to
the Council for final action at a
meeting to be held at the City Council
Chambers at 7:30 p.m. on the 2nd day
of July, 1984.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
4th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner, Man-
Nays--Council Members Hammel,
Kronfeldt.
COUNCIL MEMBER KRON-
FELDT LEFT THE CHAMBERS AT
9:54 P.M.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to amend the Zoning Or-
dinance and Zoning Map by reclassify-
ing certain properties along Jniien
Dubuque Dr. to PI Planned Industrial
District, AND Communication of At-
torney Alfred E. Hughes requesting
Council refer proposed Ordinance back
to the Planning and Zoning Commis-
sion to make appropriate changes in
the Ordinance to satisfy objections
and further requesting to ad-
the Council on the issues,
presented and read.
Mr. Hughes, Attorney rep. Inland
~Iohissee, spoke to the communica-
Tom Neaier, 1847 S. Grandview, ob-
jected to odor problems emanating
from Inland Molasses.
Ed Tschigg[rle, Juben Dbq. Dr.,
;bet there would be a decrease
in shipments from the MarJo Quarry
n that area.
Council Member Khiesner moved
that the proof of publication and com-
munication of Mr. Hughes be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Courted Members Beurskens,
Deich, Hammel, Khiesner, Manning.
Nays--Mayor B~ady.
Abeent--Council Member Kron°
feldt.
ORDINANCE NO. 17.84
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA AMENDING
THE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA, BY RECLASSI-
FYING CERTAIN DESCRIBED
PROPERTIES ALONG JULIEN
DUBUQUE DRIVE FROM THEIR
CURRENT ZONING CLASSIFICA-
TIONS TO "PI PLANNED INDUS,
TRIAL DISTRICT" TO BE KNOWN
AS "JULIEN DUBUQUE DRIVE
PLANNED IND. DISTRICT", SAID
ORDINANCE HAVING BEEN
Regular Session, June 4, 1984
and Recanvened Session June 8, 1984
2O3
presented and read at the Council
~Ieetinge of May 7 and May 21, 1984,
presented for final adoption.
ORDINANCE NO. 17-84
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA" BY RECLASSIFYING
HEREINAFTER DESCRIBED
pROPERTIES ALONG JULIEN
DUBUQUE DRIVE FROM THEIR
CURRENT ZONING CLASSIFICA-
TIONS TO "PI PLANNED INDUS-
TRIAL DISTRICT" TO BE KNOWN
AS "JULIEN DUBUQUE DRIVE
PLANNED INDUSTRIAL DIS-
TRICT'.
WHEREAS, the City Planning and
Zoning Commission has studied and
held hemmings on land use and zoning
for certain properties along Julien
Dubuque Drive; and
WHEREAS, the Commission has
found that said properties contain sub-
stantial industrial development which
is located adjacent to and is accessible
through an established residential
neighborhood; and
WHEREAS, the Commission has
found that residents surrounding said
area have registered significant com-
plaints about certain adverse hnpacts
resulting from the operation of the
existing industrial ~ in said area, in
particular regarding noxious odors and
heavy truck traffic that have substan-
tially interfered with the use and
enjoyment of their respective proper-
ties; and
WHEREAS, the Commission has
further found that the existing use,
expansion of uses, and addition of new
uses in said area for industrial purposes
should be protected and promoted pro-
vided that the adverse impacts of such
industrial development may be reduced
to a minimum; and
WHEREAS, the Commission has
determined that the PI Planned Indus-
trial District provides the standards for
development and procedures for plan
approval necessary to allow and con-
trol industrial development of said area
and to protect the public interest; and
WHEREAS, the Commission has
approved a PI Planned Industrial Dis-
trict classification for said area subject
to specific conditions and restrictions
and has recommended the concurrence
of the City Council in approval of said
reclassification; and
WHEREAS, the City Council has
reviewed the report and recommenda-
tion of the Commission and has held
its own public hearing on the matter;
and
WHEREAS, the City Council con-
curs in the findings and recommends-
tion of the Commission and has
approved said reclassification subject
to the same specific conditions and
restrictions;
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nauces of the City of Dubuque, Iowa
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance ~nd Zoning Map of the City
of Dubuque, Iowa" by reclassifying to
"PI Planned Industrial District" the
following described properties, to be
known as "Julien Dubuque Drive
Planned Industrial District, to wit:
Lot 3 of Fract. Gov't. Lot 1; Lot 2 of
Fract. Gov't Lot 1; Lot 2 of Lot 1 of
Fract. Gov't. Lot 1; LOt 1 of Lot ! of
Fract. Gov't Lot 1; LOt 1 of Lot~l of
N.W. % of N.E. %; Lot 2 of Lot 2 of
LOt 1 of N.W. % of N.E. %; Lot 2 of
N.W. % of N.E. lA; Lot 1 of Lot 2 of
Lot t of N.W. % of N.E. %; Lot 2 of
Lot I of N.E. % of N.W. %; Lot 1 of
Lot 1 of N.E. lA of N.W. % (Pt. S. of
Road); Lot 2 of N.E. % of N.W. %;
Lots 1 and 2 of Inland Molasses
Place; Pt. Lot I of N.W. % of N.W.
%; Lot 2 of N.W. % of N.W. %; all in
Sec. 6 - T88N - R3E of the 5th PM;
Lot 2 of Lott's Subdivision and Part
~f Mineral Lots 502, 503 and 505, all
in Sec. 1 - T88N - R2E of the 5th
PM; all herein described parcels lying
within the corporate limits of the
City of Dubuque, Iowa.
Section 2. That in order to accom-
plish the purposes of the PI "Planned
Industrial District" and of the Zoning
Ordinance, the properties herein
above-described and reclassified are so
reclassified subject to the following
conditions and restrictions:
A. Use Regulations
The following regulations shall apply
to all uses made of land in Julien
Dubuque Drive Planned Industrial
District:
(1) Any principal permitted,
acce~ory or conditional use permitted
in the HI Heavy Industrial District,
shall be permitted provided such use
conforms with Section 4-121 PI
Planned Industrial District of the Zon-
ing Ordinance except as provided here-
after.
(2) Now uses solely dependent on
truck/freight terminal facilities and/or
truck transportation for both raw and
manufactured products including but
not limited to:
a) Moving/storage companies
b) Grain elevators
c) Farm to market hauling
d) Grain terminals/storage facili-
ties
e) Truck/freight terminals
f) Bulk storage of petroleum pro-
ducts
shall not be permitted until such time
that an approved alternate access such
as the Rockdale Road Bridge, to the
Julien Dubuque Drive Planned Indus-
trial District is made available. For
purposes of this ordinance a terminal is
considered to be a facility designed to
accommodate the shaultaneous loading
or unloading of three (3) or more
tmcks.
(3) Uses already established or pre-
viously existing on the effective date
of this Ordinance shall bo permitted
and may be altered, enlarged,
expanded or modified provided that
the addition or changes comply with
the standards contained herein.
(4) Any alterations or additions thai
require an increase in the number of
trucks to facilitate the expanded use
may do so up to a maximum of twenty
perent (20%) increase above the num-
ber of trucks existing on the effective
date of this Ordinance. The percentage
increase does not include seasonal fluc-
tuations normally associated with cer-
tain industries but does not include the
maximum number of trucks associated
with the industrial use on a yearly
(5) Existing uses may be sold or
leased provided that the new use is not
an intensification of the current opera-
tion except that, such new uses shall
be given the same expansion opportun-
ities under this ordinance as the origi-
nal industry preceding it.
(6) Any city approved alternate
access, such as the Rockdale Road
Bridge, to the Julien Dubuque Drive
Planned Industrial District shall nul-
Iffy the requirements of Section 2A.(2),
(4) and (5) of this Ordinance.
B. Site Plan Review
Any existing use request alteration
or modification in a structure or use
which would require the provision of
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
additional off-street parking spaces
or
lot area; or any new use requmng con,
struction or structural additions to
existing uses, shall require an approved
site plan prior to any construction
aqtivity, including site preparation.
Site plan review for the Julien
Dubuque Drive Planned Industrial
District shall be in lieu of subsequent
final development plan review.
C. Lot and Bnik Regulations
Development of land in this partic-
ular PI Planned Industrial District
shall be regulated as follows:
(1) All buildings structure~ and acti-
vities shall bo located in conformance
with the attached Development Land
Use Map·
(2) All development parcels shall
provide a front yard setback of ten (10)
feet.
(3) Building and structure heights
shall ha limited to one hundred feet
(100') except for parcel "D" which
shall be limited to thirty feet (30').
Antennae, communication towers, pub-
lic utilities, etc. shall be exempted from
these heights provisions.
D. District Standards
The development, operation and
maintenance of u~s in this PI Dis-
trier shall bo conducted in confer-
mance with the following standards as
well as with the regulations of Sec-
tion 4-121.7 of the PI Planned Indus-
trial District:
(1) No development shall ha permit-
ted within the open space areas as
shown on the attached Development
Land Use Map·
(2) Stormwater and/or spillage dis-
ch~ge connected with a new use or
expansion of an existing use shall be
located and contained on site in a
manner approvable by City and State
regulations. Provisions shall bo made
and facilities shall be designed to pre-
vent untreated discharge of any kind
or from any source to be transported
· to the Missis&ppi River or its tribu-
taries.
E. Additional Standards
(1) Ah new and/or additional oper-
ations and activities shall bo conducted
or maintained within completely
, enclosed buildings except:
a. Off-street parking, loading and
unloading areas, storage tanks, silos,
elevators and conveyors.
b. Outdoor storage of materials
and equipment, providing that such
storage areas are visually screened.
Screening shall bo a completely opaque
fence, wall or other feature not exceed-
lng a height of ten (10) feet measured
Regular Session, June 4, 1984
and Recanvaned Session June 8, 1984
205
from the adjacent ground level. Shrub-
bery and/or other plantings may be
substituted for opaque fencing, if
designed and planted to eventually
screen the area from off-site visibility.
In such cases, if initial plantings are of
a six (6) foot height or greater, the
requirements for other opaque screen-
ings shall be omitted.
c. Employee recreational facilities.
(2) Off-street parking shall be pro-
vided by either:
I space per 2,000 sq. ft. of gross floor
area for all enclosed buildings; or
I space per each two (2) employ-
ees employed on site on a maximum
work shift, whichever is greater.
Off-street parking may bo provided
on site or within 300 feet of the use it
(3) Signage shall be limited to one
free standing or wall mounted sign per
each 100 feet of lot frontage, not to
exceed three signs per industrial use.
Sign area shall exceed 10~ sq. ft. per
sign.
Direction signs shall not exceed six
sq. ft. per sign. No maximum number
of directional signs is established.
F. Non-Conforming Uses
Any uses or conditions that are con-
sidered to be non-conforming on the
effective date of this ordinance, that
are not made conforming by this ordi-
nance, shall maintain their non-con-
forming status until such time that
changes are made to alleviate the con-
ditions causing the non-conformity.
G. Transfer of Ownership
Any transfer of ownership or lease
,f property in the Julien Dubuque
Drive Planned Industrial District shall
i,clude in the transfer or lease agree-
mere, a provision that the purchaser or
Ica~,e acknowledges awareness of the
conditions authorizing the establish-
ment of this specific PI Planned Indus-
trial District.
PASSED, ADOPTED AND
APPROVED this 4th day of dune,
1984.
James E. Brady
MAYOR
ATTEST:
Mary A. Davi~
CITY CLERK
Published in the Telegraph Herald
newspaper this llth day of June, 1984.
Mary A. Davis
City Clerk
Council Member Kluesner moved
final adoption of the Ordinance.
Seconded by Council Member Reur-
skens. Carried by the following vote:
Yeas--Council Members Banrskens,
Deich, Hummel, Kluesner, Manning.
Nays--Mayor Brady.
Absent-Council Member Kron-
feldt.
Communication of City Manager
submitting documents and providing
for the construction of the interior fen-
cing for the Park and Recreation Com-
plex, presented and read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council
Member Deich· Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Member Beurskens, Deich, Hummel,
Kluesner, Manning. Nays--None·
Absent--Council Member Kron-
feldt.
{Necessity for Improvement)
RESOLUTION NO. 159-84
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 uf 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;
Backstop, Dugout, and Interior Fenc-
lng.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
vieable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sideration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shah be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk· That the cost and expense of
making such improvement will be paid
Regular Session, June 4, 1984
and Reconvened Session Ju_~ne $, 1984
from through the CIP levy, private
funds and a grant from the Iowa Con-
servation Commission and the U,S.
Department of the Interior.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk tins 4th day of
June, 1984.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resointion. Seconded
by Council Member Dalch. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
KIuesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
(Preliminary Approval of Plans Etc.)
RESOLUTION NO. 160-84
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs, form of
contract for the CHAPLAIN
SCHMITT MEMORIAL ISLAND
PARK AND RECREATION COM-
PLEX, BACKSTOP, DUGOUT AND
INTERIOR FENCING, with the
e~timated amount of the improvement
to be $79,061.62 and completion by
8-17-84, be hereby approved and
ordered filed in the office of the City
Clerk for public inspection, and are to
be considered a part of tMs Resolution.
Passed, adopted and approved tins
4th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Bourskens, Deich, Hamme]
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
fei&.
(Fixing Date of Hearing and
Authorizing Advertisement
For Proposals)
RESOLUTION NO. 161-84
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; Backstop, Dugout, and In-
terior Fencing, and
WHEREAS, the proposed Resniu-
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 2nd day of
July, 1984, a public hearing will be
held at 7:30 p.m. in the City Council
Chambers at wMch 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, wMch 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-
jections with the City Clerk, they shall
be deemed to have waived ail objec-
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 general circulation
in the City of Dubuque, Iowa, which
notice shah not be less than four days
nor more than twenty days prior to the
Resular Session, June 4, 1984
and Reconvened Session June 8, 1984
receipt of said proposals at 10:00 a.m.
the 26th 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
m~ting to be held in the City Council
Chambers at 7:30 p,m. on the 2nd day
of July, 1984.
Passed, adopted and approved this
4th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yees--Mayor~Brady, Council Mem-
bars Bourekens, Deich, Hammel
E]uesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Petition of Attorney Leo A. McCar-
thy requesting City Council to amend
Ordinance No. 38-81 to show the tax
exemption owner-appilcant to be
Frummelt Partnership, an Iowa
general partnership, rather than
Frommelt Industries, Inc., presented
and reed.
Council Member Kluesner moved
that the petition be received and filed,
-Seconded by Council Member Beur.
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Bourskens, Deich, Hammdi,
gluesner, Manning.
Nays--None.
Absent--Council Member Kren-
feldt.
An ORDINANCE Amending Or.
dinance No. 39-81 of the City of Dubu-
qua providing for prior approval of tox
exemption for new construction,
ch a ~4,,ing the applicant from Frommelt
Industries, Inc. to Fremmelt Partne~
ship, presented and read.
Council Member Kluesner moved
that the reading just had be con-
s~dered the first reedlng of the Or-
dinanee. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
K]ueener, Manning,
Nays--None.
Absent--Council Member Kron-
feldt.
Council Member Klueener moved
that the rule requiring an 0rd/nanca to
he presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Beurskens. Car-
ded by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Klueenar, Manning.
Nays--None.
Absent--Council Member Kron-
fei&.
Council Member Klueener moved
that a Public Hearing be held on the
Ordinance on June 18, 1984 at 7:30
p.m. in the Public Library Auditorium.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Klueener, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
submitting Resolution authorizing
and directing Mayor to execute a lease
agreement with Robert's River Rides,
Inc., presented and read.
Council Member Beurshens moved
that the communieetion be received
and filed. Seconded by Council
Member Manning. Carried by the
foilowing vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Dalch, Hammal,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Petition of Anneva Kieffer submit-
ting Petition containing 90 signatures
and requesting to address the Council
on proposed Lease of Hawthorne
2O8
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
Street Boat Ramp area to the
"Mississippi Belle", presented and
read.
Mrs. Klaffer questioned the secrecy
of the lease contents.
Council Member Beurskens moved
that the petition be received and filed.
Seconded by Council Member Mann-
lng, Carried by the following vote:
ycas--Mayoc Brady, Council Mem-
bets Bourskens, Deich, Hummel,
Klueener, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Petition of Michael G. Maggie,
representing Mississippi Walleye
Club, requesting to address the Coun-
cil regarding the parking problem at
Hawthorne Street Parking Ramp,
presented and read.
Michael Maggie, of 2343 Gordon Dr.
objected to tho Belle being parked
there at ail.
Randy Hohnecker, expressed con-
cern with the safety factor of a large
beat obstructing tho view etc. of the
smaller boaters.
Dale Kleinschmidt, Richard Kieffer
and Lefty Findiey, all voiced objection
to the presented plan of the "Belle"
mooring.
Council Member Beurskens moved
to receive and file the petition. Second-
ed by Council Member Manning. Car-
fled by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kinesner, Manning.
Nays--None.
Absent--Council Member Krun-
feldt.
RESOLUTION NO. 163-83
Resolution Approving Lease with
Robert's River Rides, Inc.
WHEREAS, meetings have been
held between representatives of the
City Council, the Dock Commission,
the City staff, and Robert's River
Rides; and
WHEREAS, it has been concluded
that the appropriate mooring location
for the Mississippi Belle in the sum-
mer of 1984 is in the proximity of the
beat ramp at the Hawthorne Street;
and
the term of the lcaee
agreement is from May 21, 1984
through December 31, 1984; and
WHEREAS, it has been agreed that
, rental for 1984 will be $6,500 and
WHEREAS, it has been agreed that
of the $6,500 payable in 1984, $1,500
will be applied towards construction of
a loading and passenger ramp, and the
other $1,500 for a total cost of $3,000
will be paid by the City.
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF 'THE CITY OF DUBUQUE,
IOWA,
Section 1. That the Mayor be
authorized and directed to execute the
attached lease agreement effective
May 21, ~1984 with Robert's River
Rides, Inc.
Passed, adopted and approved this
4th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens 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 Hammel, Kiuesner, Manning.
Nays--Council Members Bearskens,
Deich.
Abeent--Councll Member Kron-
fcidt.
RESOLUTION NO. 162-84
Resolution Directing Sale of $750,000
General Obligation Bonds
WHEREAS, pursuant to notice as
required by law, bids have been recciv-
ed at public sale for the bonds describ'
ed as follows and the best bid received
is determined to be the following:
$750,000 General Obligation Bonds:
Regular Session, June 4, 1984
and Recanvaned Session June 8, 1984
Norweet Securities --
Bidder: Chlaa~go 0I Chicago, Illinois,
the terms of said loid being:
1986 thru 1991 inclusive -- 8.75%
1992 -- 9.O0%
1993 -- 9.10%
1994 -- 9.20%
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the bid for the bonds
as above set out is hereby determined
to be the best and most favorable bid
received and, said bonds are hereby
awarded based on said bid,
Section 2. That the statement of in,
bond bidders and the
for the sale of said
bonds are hereby approved and the
Mayor and Clerk are authorized to ex-
ecute the same on behalf of the City.
Section 3. That the notices of the sale
of the bonds heretofore given and all
acts of the Clerk done in furtherance of
the sale of said bonds are hereby
ratified and approved~
Passed, and approved this 4th day
of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mere*
bets Bourskens, Deich, Hummel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Keen*
feldt.
RESOLUTION NO. 164-84
Resolution Approving the Exercise of
an Option by Kinuer Manufacturing
Company to Lots 6 and 7 in Block 1, in
"River Front Subdivision No. 5", in
the City of Dubuque, Iowa, According
to the Recorded Plats thereof. Subject
to Easements of Record, Pursuant to
an Option Agreement Between Klauer
Manufacturing Company and the City
of Dubuque, Iowa.
WHEREAS, Klauer Manufacturing
Company and the City of Dubuque
mtered in an Option Agreement which
was accepted by the City of Dubuque,
Iowa on the 21st day of February and
recorded in the Office of the Dubuque
County Recorder on February 23, 1984
as Instrument No, 1135-84.
WHEREAS, Kinuer Manufacturing
Company has notified the City of
Dubuque that it desires to exercise its
option to:
Lot 6 and 7 in Block 1, in "River
Front Subdivision No, 5", in the
City of Dubuque, Iowa, according to
the recorded plats thereof. Subject
to easements of record.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of in.
retest of the City of Dubuque im
Lots 6 and 7 in Block 1, in "River
Front Subdivision No, §", in the
City of Dubuque, Iowa, according to
the recorded plats thereof, Subject
to easements of record,
to Klauer Manufacturing Company is
hereby approved in accordance with
the terms of the Option Agreement
previously executed by the parties.
Section 2. That the Mayor be and he
is hereby authorized and directed to
execute a Quit Claim Deed, and that
the City Clerk be and she is directed
and authorized to deliver Deed of Con-
veyance, conveying the above deserib.
ed real estate to the above named
grantee upon receipt of the purchase
price in full
Passed, adopted and approved this
5th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
210
Regular Session, June 4, 1984
and Reconvoned Session June 8, 1984
bers Beurskens~ Dcich, Hammal,
Kluesnar, Manning.
Nays--None.
Abssnt--Cunncil Member Kron-
feldt.
Communication of City Manager
submitting Resolution authorizing
Mayor to sign a Grant Closeunt Agre~
ment with Housing and Urban
Development for the Urban Develop-
ment Action Grant Project (A.Y.
McDonald Mfg. Co.), presented and
read.
Council Member Kluesner moved
that the communication be recsivsd
and filed. Seconded by Council
Member Beurskena. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
foldt.
RESOLUTION NO. 165-84
A Resolution Authorizing and Direct-
ing the Mayor to Execute a Grant
Cioseout Agreement with the U.S. De-
pertinent of Housing and Urban De-
vsiopment for the A.Y. McDonald
Manufacturing Company Urban De-
velopment Action Grant Project.
WHEREAS, under provisions of Ti-
tle I of the Housing and Development
Act of 1974, as amended, the City of
Dubuque has received an Urban
Development Action Grant identified
as Grant No. B.82-AA-19-0013 from
the Department of Housing and Urban
Development to assist the A.Y.
McDonald Manufacturing Company
Relocation Project; and
WHEREAS, the City of Dubuque
and the A.Y. McDonald Manufactur-
hug Company have undertaken and
completed activities as contained in
the project budget; and
WHEREAS, the City of Dubuque
now desires to enter final settlement
and conclusion of the project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN--
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That t~ Grant Claasout
Agreement authorizsd by the U.S.
Department of Housing and Urban
Development on April 2~ lq a ~opy
of which is attached hereto and made a
part hereof, is hereby aceep~a~ (Copy
on file in Clerk's Office.)
Section 2. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute
said Grant Closeout Agreement on
behalf of the City of Dubuque.
Section 3. That the City Manager be
and he is hereby authorized and
directed ~o submit the executed Grant
Closeout Agreement to the U.S.
Department of Housing and Urban
Developmen~
Passed, adopted and approved thla
5th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klananer moved
adoption of the Resolution. Seconded
by Council Member Bearshens. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Banrskens, Daich, Hemmal,
Kluasner, Manning. Nays--None.
Absant--Canncil Member Krna-
foldt.
Communication of City Manager
submitting Resolution requesting ap-
proval of Architect/Engineer for Dog
Racing Facility, presented and rea&
Council Member Hammal moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
foilowing vats:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hummel,
Kluesanr, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 166-84
Architectursl~Enginecrlng Firm Selec-
Regular Session, Jane 4, 1984
and Reconvened Session June 8, 1984
211
tlon for the Dubuque Dog Reclog
Fadllty
WHEREAS, Chaplain Schmitt
Memorial Island has been selected as
the site for the Dubuque Dog Racing
Facility; and
WHEREAS, application for a
license for a Dog Racing Facility bas
been made with the Iowa State Rasing
Commission on June 1, 1984; and
WHEREAS, voters of Dubuque on
April 24, 1984 favorably approved the
issuance of 6.5 million dollars of
General Obligation Bonds for this
facility; and
WHEREAS, architectural/engineer-
ing services will be required for the
design of tbs facility; and
WHEREAS, a selection commltteo
comprised of three members of the
Dubuque Racing Association LTD.,
and three members of the City staff
have interviewed four architec-
tural/englneerlng firms; and
WHEREAS, the interview team has
selected the Durrant Group and Shivs-
Hattery of Dubuque, Iowa as the local
design team, and Bird Fujimote &
Fish, San Diego, California as the na-
tionai design firm.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa,
Section 1. That the City Council con-
curs in the selection of the Durrant
Group and Shive-Hattery as the loc~
engineering firm, and Bird Fujimoto &
Pish as the national design firm for the
architectural/engineering worh
associated with the on site develop-
ment of the Dog Racing Facility.
Section 2. That the City Manager
and members of the Dubuque Racing
Association LTD, and City staff be
authorized to~ proceed with the
development of a contract identifying
the scope of the services and the
related fees for providing architec-
rural/engineering services for the
design of the Dubuque Dog Racing
Facility.
Passed, approved and adopted this
5th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dcich, Hummel,
Klnasner, Manning.
Nays--None.
Absent--Council Member Kron-
foldt.
Communication of City Manager
submitting Resolution authorizing
and directing Mayor to execute a Pro-
ject Agreement with the Iowa DOT,
presented and read.
Council Member Kluesner moved
that the communication he received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskean, Dcich, Hummel,
Klansner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 167-84
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA, that the Mayor is hereby
authorized and directed to execute
three copies of project agreement
number F-61-8 (22)--20-31. This agree-
ment provides for the Iowa Depart-
merit of Transportation to acquire and
pay for rights of way for connection of
City streets and alleys or rights of way
required for frontage roads as required
for the relocation and reconstruction
of U.S. 61 from Sixth Street nor-
theacterly to the City Island Bridge
which lies within the City.
Passed. adopted and approved this
5th day of June, 1984.
James E. Brady
Mayor
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984 213
212
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
recommending approval of Sup-
plemental Agreement with Brice,
Petrides & Associates, Inc., presented
and read.
Co(mcil member Beurskens moved
that the commurdcation be received
and filed. Seconded by Council
Member HammeL Carried by the
following vote:
Yeas--Mayor Brady, Couanll Mem-
hers Beurskens, Deich, Hammel
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 168-84
Supplemental Agreement For Profes-
sional Services Affiliated with the
Cedar Cross Extension Corridor Loca*
tlon Study with Brice, Petrides &
Associates, Inc., Waterloo, Iowa
WHEREAS, the City Council adopt
a resolution number 18-83 on February
8, 1983 for a contract for professional
services associated with the Cedar
Cross Extension Corridor Location
Study with Brice, Petrides &
Associates, Inc.; and
WHEREAS, one of the conditions of
this contract was the services outlined
in the .contract would be completed in
a thirteen month period which would
mean that the work would be com-
pleted by June 7, 1984; and
WHEREAS, a change in the con-
tract was made on February 6, 1984
under Resolution adopted by the City
Council which extended the scope of
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
t~l contract in order to allow a
tural Resource Survey Study to be
conducted on the alignment; and
WHEREAS, engineering work on
the alignment has been essentially
completed and Phase I of the Cultural
Resources Study was submitted to the
State Historical Preservation Officer
on May 14, 1984; and
WHEREAS, there were significant
sites identified in the Phase I of the
Cultural Resources Study which may
entail additional work under a Phase
II study; and
WHEREAS, the decision as to the
of work that will be required
' the Phase II study will be at the
discretion of the State Historical
Preservation Officer; and
WHEREAS, it should be noted that
both the Environmental Assessment
and the Preliminary Design of Alter-
hate C-1 cannot be completed until the
results of Phase II of the Cultural
Resources Study are known; and
WHEREAS, it has now been
estimated that an additional eleven
months may be required in order to
complete the Environmental Assess-
ment for the Cedar Cross alignment.
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL of the City of Dubuque, Iowa:
Section 1. That the City Council ap-
prove the granting of an extension of
eleven (11) months on the contract with
Brite, petrides & Associates, Inc. on
the contract dated February 8~ 1983 for
professional services associated with
the Cedar Cross Extension alignment
study.
Section 2. That the City Manager be
authorized to execute a supplemental
agreement with Brice, Petrides &
Associates, Inc., Waterloo, Iowa for
this additional extension of eleven
Passed, adopted and approved this
5th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Hanunel. Carried
by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammol, Kluesner, Manning.
Nays--Mayor Brady.
Absent--Council Member Kron-
fei&.
Communication of City Manager
recommending acceptance of the Con-
tract for the installation of the Peru
Road Water Main, presented and read.
Council Member Deich moved that
the communication be received and fli-
ed. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
(Accepting Improvement)
RESOLUTION NO. 169-84
WHEREAS, the contract for the
Peru Road Watermain has been com-
pleted and the City Manager has ex-
amined the work and filed his ce~
tificate stating that the same has been
completed according to the terms of
the contract, plans and specifications
and recommends its acceptance;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
ment be and the same is hereby ac-
cepted.
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tor from the Water Depreciation Fund
in amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, adopted and approved this
5th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
(Final Estimate)
RESOLUTION NO. 1704~4
WHEREAS, the contract for the
Peru Road Watermain has been com-
pleted and the City Engineer has sub-
mltted 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 im-
provement is hereby determined to be
$58,160.60 and that said amount shall
be paid from the Water Depreciation
Fund of the City of Dubuque, Iow~
Passed, adopted and approved this
5th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adap-
tion of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
214
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
recommending authorization to certify
to the Dubuque County Auditor a list
of delinquent Refuse Collection Ac-
counts, presented and read.
Council Member YAuesnar 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,
Kluesnar, Manning.
Nays--None.
Absent--Council Member Kron-
fsidt.
RESOLUTION NO. 171~4
Resolution Authorizing the City
Manager to Collect Delinquent Refuse
Collection Accounts in Accordance
with Section 17-$7~d) of the Code of Or-
dinances of the City of Dubuque,
Iowa.
WHEREAS, City refuse collection
from residential premises, as defined
in the Code of Ordinances of the City
of Dubuque, Iowa, is mandatory; and
WHEREAS, at least annually, the
City Manager is required to prepare a
list of persons who are delinquent in
the payment of required charges; and
WHEREAS delinquent refuse col-
lection charges shall be certified by the
City Clerk to the Dubuque County
,r for collection w~th, and in the
same manner as, general property
taxes;
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the persons named
hereinunder, owning the property
thereby set forth, are delinquent in the
'refuse collection charges in
~he amount set aside of the name.
Namd and Address
James E. & Judith
E. Ostert (Contract)
Robert L. & Jean
Ostert (Owner)
125 Nicolet Street
Vernon F. & Dorothy
Thomas IContract)
Mary Thomas (Owner)
731 Louise Street
Mary O. Coreil IOwner)
1460 Miller Road
,et 1, Sub 85 Linehan
Park Add.
85A Linehan
Park Add.
(6-4-4-48)
Lot 24 Maple Leaf Add.
No. 2
Lot 26 Maple Leaf Add.
No. 2
Lot 1-1-1.2-1-1-1-1-1-1-1
Mineral Lot 499
~onnt
$57.75
$57.75
$57.75
Nicholas & Marie
Merfeld
575 Cedar Cross Rd
(Owner)
Lot 2-1.1-1-2-3Mineral
Lot 219
Lot2-2-1-2-1-1-2Mineral
Lot220
$57.75
Kenneth O. & Ruth
Ann Haugen (Owner)
3850 Inwood Street
Section 2. That the City Clerk be and
she is hereby ordered and directed to
certify to the County AudlWr of Dubu-
que County, Iowa, that the persons
named hereinbefore are delinquent in
the payment of refuse collection
& 506-North $59.04
Dubuque
charges in the amount set aside of the
respective names, and that said
amounts shall be collected in the same
manner as general property taxes
against the respective parcels of pro-
perry set opposite the names of the
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
215
Passed, adopted and approved thh
5th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
fsidt.
Communication of City Manager
recommending certification to County
Auditor for collection of delinquent
Sewer Accounts, 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 Beursknns, Dsich, Hammel,
Kluesner, Manning. Nays--None.
Absent--Council Member Kron-
feldt,
RESOLUTION NO. 172-84
Resolution Authorizing Collection of
Name and Address
Mary G. Corell (Owner)
1460 Miller Road
Section 2. That the City Clerk be and
is hereby ordered and directed to ce~
tify to the County Auditor of Dubuque
County, Iowa, that the person named
herein is delinquent in the payment of
sewer charges in the amount set aside
of the name, and that said delinquent
sewer 'charges shall be collected in the
against the respective parcels of pry-
Delinquent Sewer Accounts in Accor-
'dance with Sections 36-55 and 36-59 of
the Code of Ordinances of the City of
Dubuque, Iowa.
WHEREAS, Section 36-55 of the
Code of Ordinances authorizes the Ci-
ty to levy and collect just and
equitable charges, rates or rentals
upon all lots, parcels of real estate and
buildings ~i~gt are connected directly
or indirectly with the sanitary sewer
system; and
WHEREAS, Section 36-59 of the
Code of Ordinances provides that the
City shall have a lien upon the real pro-
perty served by the sanitary system
for all delinquent rates and charges;
and
WHEREAS, delinquent sewer
charges shall be certified by the City
Clerk to the Dubuque County Auditor
for collection with, and in the same
manner as, general property taxes;
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the person named
hereinafter, owning the following
described property, has unpaid
charges in the amount set ou~ and that
said charges are delinquent.
Pro ect Dsecri tion
Lot 1-1-1-2-1-1-1-1-1-1-1
Mineral Lot 499
(6-13-1-18)
Amount
$140.03
perry set opposite the name of the pro-
petty owner.
Section 3. That the delinquent sewer
charges be and the same shall be col-
/ected with, and in the same manner
as, general property taxes as provided
b~ taw.
Passed, adopted and approved this
6th day of June, 1984.
216
Regulor Session, June 4, 1984
and Reconvened Session June 8, 1984
James E. Brady
Mayor
A~I~E ST:
Mary A. Davis
City Clerk
Council Member Beurskans moved
adoption of the Resolution. Seconded
by Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Hammai,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Proof o! publication, certified to by
the Publisher, on Notice to Contrac-
tors on receipt of proposals for con-
struction of John F. Kennedy Rd. from
Pennsylvania Ave. to University Ave.;
Communication of City Manager sub-
mitting Resolution providing for con-
tract for above; Resolution Awarding
Contract for above to Flynn Co., Inc.,
in the amount of $1,005,891.52, above
ali tabled at the Council Meeting of
May 20, 1984, presented and read.
Council Member Kluesner moved
that the proof of publication, the com-
mudication and the Resolution be tabl-
ed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Bearskens, Deich, Kluesner, Man-
ning.
Nays--Council Member HammeL
Absent-Council Member Kronfeldt.
Communication of Corporation
Counsel Blum subrnitting two Or-
dinances prohibiting/regulating
dangerous and vicious animals and r~-
questing Council to choose and adopt
one of the proposed Ordinances~
presented and read.
Phil Smoker stated it would be a
mistake to adopt either Ordinance as
presented.
Mr. Kennedy, from Kennedy's
Aquarium, requested Council table the
matter until time to review the submit-
ted Ordinance adopted in St. Louis.
Council Member Deich moved that
the communication be tabled until the
next meeting. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurekens, Daich, Hammai,
Klueener, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
An ORDINANCE Providing for
defining dangers and vicious animals
and the keeping, seizure, impound-
ment and disposition of such animals;
~n ORDINANCE providing for defin-
ing dangerous and vicious animals and
the keeping, seizures, impoundment
and disposition of such animals,
presented and read.
Council Member Deich moved that
these Ordinances be tabled until the
next Council Meeting. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 175-84
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, bo granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Angel Investment
2699 Rockdnie Rd.
The Monday Co.
4003 Peru Road
George K. Arvanitis
1958 Central Ave.
Astraid, Ltd.
1007 Main St.
Bishop Buffets, Inc.
Kennedy Mall
Joseph F. Bleile
2600 Central Ave.
Canfield Hotel, Inc.
36 W. 4th St.
Cremer Grocery Co.
731 Rbomberg Ave.
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
CRESLANi~ Bowling, Ins.
255 S.
L/oyd
M~ ~ Ave.
~L F~, Inc.
701 E. 16th St.
~ L. ~h~d
21~ ~ Ave.
Jmu W.
~6 Jain St.
~ ~ ~mp~y
7~ To~ ~k
~ ~ ~mpny
~ ~et St.
~ ~ ~mpany
~ J. F. Ken~ Rd.
~ ~g Compa~
~ COn~ ~ve.
h~ ~ea, Inc.
~s of Iowa Ltd.
~e St.
KC&S
4th nd ~st St.
~ Fenelon ~ner F~s, Reatan-
mt h~
31~ Ja~nn St,
Je~ L. James
1~ ~kd~e Rd.
Ju~e's ~ge, Ltd.
~ K~r Blvd.
~fly ~ta~t's Inc.
~1~ Gen~ Ave.
~11 Winder Ave.
bver~ ~H~
~ ~u~ Ave,
~v~ ~unt ~g Cent~
W~n Plm
bv~ ~t ~g Cent~
No. ~16
~ Asb~ St.
m~d J.
115 West llth St.
~ton
574 her 1~ St.
~rd~ ht~fl~s, Inc.
1~ ~m St.
h~d Ungs
~ Ja~n
W~
7~ Rhom~g Ave.
~ M. ~on
O~ ~ky ~14
1~ U~ve~ty Ave.
217
Earl and Thomas Schumecber
250 West let St.
Earl Schumecher
Sky Doky #5
2204 Central Ave.
Hoffman House
W-I Canteen Service
3100 Dodge St.
Eska Co.
W-I Canteen Service
2400 Kerper Bird.
W. S. Sheppley
W-I Canteen Service
1 Dubuque Plaza
Dubuque Municipal Airport
W-I Canteen Service
RR #3
Passed, adopted and approved this
4th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Klueener. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Daich, Hammel,
Kluesner, Manning.
Nays--None.
Abeent--Counail Member Kron-
feldt.
RESOLUTION NO. 174-84
WHEREAS, Applications for Beer
Permits have been submitted and fried
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be sc-
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-
plleante a Beer Permit.
218
CLASS "B" BEER PERMIT
Nitee of the Square Table, Inc.
~ Dodge St.
CLASS "C" BEER PERMIT
Earl E. and E. Thomas Schumacher
250 W. 1st St.
(Also Sunday Saleel
Passed, adopted and approved this
4th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskous moved
adoption of the Resolution. Seconded
by Council Member Klueaner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Bourskens, Delch, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 175-84
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and ail City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" {COMMERCIAL)
BEER AND LIQUOR LICENSE
American Legion Post #6
1306 Delhi St.
Creaianee Bowling, Inc.
255 S. Main St.
(Also Sunday Sales)
Lloyd Dais{rig 3750 Central Ave.
(Also Sunday Sales)
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
Riverside Bowl, Inc.
1860 Hawthorne St.
{Also Sunday Sales)
gl{Itoh E. Schwartz
574 E. 16th St.
{Also Sunday Sales)
Passed, adopted and approved this
4th day of June, 1984.
James E. Brady
Mayor
kTTEST:
Mary A. Davis
City Clerk
Council Member Banrskous moved
~doption of the Resolution. Seconded
by Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bourskens, Da{ch, Hammai,
Kluesner, Manning.
Nays--None.
Absent_Council Member Kron-
fei&.
Petition of Terry J. Boleyn re-
questing transfer of Class "B' Beer
Permit from Veterans Memorial Park
to McAleeee Field on June 9 and 10,
1984, presented and read.
Council Member Beurskens moved
that the transfer be approved. Second-
ed by Council Member Kluesner. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klueaner, Manning.
Nays--None.
Absent--Council Member Kron-
fcidt.
MINUTES SUBMITTED: Airport
Comm. of 5-14 & 5-17; Civil Service
Comm. of 4-4; Conununity Develop-
ment Comm. of 5-8; Housing Corem. of
5-15; Human Rights Comm. of 5-14; P
& Z Comm. of 5~2; Cable TV
Regulatory Comm. of 4-11; Transit
Trustee Bd. of 5-10 and Earnings
Statement and Statistics for month of
April, 1984; Zoning Bd. of Adjustment
of 4-19, presented and read.
Council Member Hammel moved
that the minutes be received and filed.
Seconded by Council Member Mann-
ing. Carried by the foIlowing vote:
yean--Mayor Brady, Council Mem-
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
219
hers Beurskens, Deich, Hamme],
Klueener, Manning.
Nays--None.
Abeent--Council Member Kron-
feldt.
CLAIMS AND SUITS: Rick
Bradley in unknown amt. for actions
by City Police Officers on March 24;
Thomas W. Glover in unknown amt.
for Police harassment on March 23;
Betty Krieg in amt. of $16 for personal
injuries; John Meyer in unknown amt.
for car damages, presented and read.
Council Member Hanunel 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-
bers Beursknns, Da{ch, Hammai,
Klueenor, Manning.
Nays--None.
Abeent--Council Member Kron-
feldt.
Communications of Corporation
Counsel Lindahi recommending denial
of property damage claim of Susan
Haas; Personal Injury claim of
Dorothy Haigh; Personal injury claim
of John L. McCann, Sr.; Property
damage claim of R. H. Wahiert; Per-
sonal injury claim of Betty Krieg,
presented and read.
Council Member Hammel moved to
approve the denials. Seconded by
Council Member Manning. Carried by
the following vote:
Ycas--Mayor Brady, Council Mem-
bers Bourskens, De{ch, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
submitting reports of Finance Direc-
tor and City Treasurer for the month
of April, 1984, presented and read.
Council Member Hammel moved
that the communication and reports
be received and filed. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Da{ch, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
fcidt.
Communication of Leo M. Ungs,
Dubuque County Institutional Ac-
counts, requesting suspension of Real
Estate Taxes for two residents,
presented and read.
Council Member Hammel moved
that the communication be received
and filed and suspensions approved.
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yecs--Mayor Brady, Council Mem-
bers Beurskens, De{ch, Hammel,
Klueener, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of Housing and Ur-
ban Development extending apprecin-
tion for courtesies shown by City Staff
while conducting a Section 8 Existing
Management Review on April 30 and
May 1, 1984, presented and read.
Council Member Hammci moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Bourskens, De{ch, Hammel,
Kluesner, Manning.
Nays--None.
Abeent--Council Member Kron-
feldt.
Council Member Hammel moved to
recess this Meeting to June 8, 1984 at
5:00 p.m. Seconded by Council
Member Manning. Carried by the
f~liowing vote:
Yeas--Mayor Brady, Council Mem-
hers Bourskens, De{ch, Hammel,
Klueener, Manning.
Nays--None.
Absent--Council Member Kron-
fcidt.
RECESSED SESSION, JUNE 8,
1984.
COUNCIL RECONVENED AT
5:11 P.M. '
22O
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
PRESENT: Mayor Brady, Council
Members Beurskans, Dsich, Hammel,
Kluesnsr, Kronfeldt, Manning, Assis-
tant City Manager Gent Wittenberg,
Corporation Counsels William G.
Bhim and Barry A, Lin&M.
Corporation Counsel Bhm address-
ed the Council and advised of proper
procedure to be taken regarding this
reconvened session.
After Council discussion Council
Member Kluesner withdrew his mo-
tion on the record to final adopt
"Resolution No. 118-84 Final adoption
of Resolution of Necessity for 1984
Asphalt Paving Project; Resolution
No. 156-84 Resolution with Respect to
the Adoption of the Resolution of
Necessity Proposed for the 1984
Asphalt Paving Project. Resolution
No. 157-84 Decision of Council to over-
nde objections to plans etc.; Resolu-
tion No. 158-84 Ordering Construction
for said project and directing adver-
tisement for bids". Mr. Beurskens
withdrew his second to the motions for
same resolutions.
Council Member Beurekans, being
on the majority side of voting, and
Council Member Hammsi, being on the
prevailing side of voting, moved to
reconsider action taken on the Resoin-
tion of Necessity on the 1984 Asphalt
Paving Project. Seconded by Council
Members Khiesner, on majority side,
and Kronfeldt, on prevailing side. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskans, Deich, Hammal
Khicener, Kronfeldt, Manning.
Nays--None.
Council Member Banrskens move~
tc accept the entire Street Program as
presented. Seconded by Council
Member Hammsi. Vote on the motion
was as follows:
Yeas--Council Members Beurskens,
Hammel, Khiesner, Kronfsidt, Mann-
lug.
Nays--Mayor Brady, Council
Member Deich.
MOTION FAILED DUE TO LACK
OF 3/4 VOTE NEEDED.
Council Member Beurskens moved
to accept all of the Street Program ex-
cept Lincoln Ave. Seconded by Council
Member Dsich. Carried by the foilow-
hag vote:
Yeas--Council Members Beurskans,
Deich, Hammel, Klueaner, Kronfsidt,
Manning.
Nays--Mayor Brady.
Necessity for Improvement
RESOLUTION NO. 113-84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
qns and are now on ~e in the office Of
the City Clerk showing among other
things the plans, specifications, form
of contract, estimated cost and
)relimlnary plat and schedule showing
~he amount proposed to be assessed
against each lot and the valuation of
each lot as fixed by the City Council,
for the 1984 Asphalt Pavtn~ Project.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and uulces property
owners at the time of the final con-
sideration of this proposed resolution
have on fils with the City Clerk objce-
tlons to the resolution of necessity,
they shall 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 Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
assessed partially or totally against
privately owned property lying within
the assessment limits, and in an
amount not to exceed that provided by
law, and in proportion to the special
benefits conferred.
The portion of the cost which shall
be berne by the City will be paid from
the Road Use Tax Fund, the Revenue
Sharing Fund, and the Parking
Depreciation Fund, and special assess-
ment bonds may be issued in anticipa-
tion of deferred payments of
assessments when a contract has been
performed and accepted, and the pro-
ceeds thereof used to pay the contxac-
tor.
The above resolution was introduc-
ed, approved and ordered placed on
ille with the City Clerk this 7th day of
Regular Session, June 4, 1964
and Reconvened Session June 8, 1984
May, 1984.
Approved and placed on file for final
actJo~
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
221
Record of Final Adoption
The foregoing resolution was finally
passed and adopted, as amended by
the City Council this 8th day of June,
1984.
James E. Brady
Mayor
A'i'r~ST:
Mary A. Davis
City Clerk
Council Member Beurakans moved
adoption of the Resolution, as amend-
ed. Seconded by Council Member Man-
nlng. Carried by the following vote:
Yeas--Council Members Beurskens,
Deich, Hsmmel, Klucener, Kronfeldt,
Manning.
Nays--Mayor Brady.
RESOLUTION NO. 156-84
Resolution with Respect to the Adop-
tion of the Resolution of Neccesity
Proposed for the 1984 Asphalt Paving
WHEREAS, this Council has pro.
posed a Resolution of Necessity for the
1984 Asphalt Paving Project, has
given notice of the public hearing
thereon as required by law; and
WHEREAS, the public hearing has
been held, all persons offering objec-
tions have been heard and eansidera-
tion given to all objections and is pen-
ding before this Council; and
WHEREAS, this is the time and
place set as provided for the taking of
action on the proposed Resolution of
Necessity.
NOW, THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA~
that the proposed Resolution of
Necessity described above is hereby
adopted as amended by the schedule of
Amendments attached hereto as Ex-
hibit A, and made a part hereof by
reference. All objections filed or made
having been duly considered are over-
ruled.
Passed, adopted and approved this
8th day of June, 1984.
James E. Brady
Mayor
A'I*rEST:
Mary A. Davis
City Clerk
li~hlbit "A"
The following portions of the following
named streets are hereby deleted from
the 1984 Asphalt Paving Project:
1. Lincoln Avenue from Windsor
Avenue to Hanfilton Street.
Council Member Bearskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Council Members Banrskens,
Dsich, Hanunel, Klucener, Kronfeldt,
Manning.
Nays--Mayor Brady.
Deelsion of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 157-84
WHEREAS, proposed plans and
specifications and form of contract for
the 1984 Asphalt Paving Project have
been approved by the City Council of
the City of Dubuque and public notice
given as provided by the Code of Iowa
pertRin|ng to public contracts and
bonds, and the time and place fixed for
the hearing of all objections to said
plans, specifications or contract for or
cost of such improvements, said time
being this 4th day of June, 1984; and
WHEREAS, the City Council met in
regular session this 4th day of June,
1984, at 7:30 p.m. at the Five Flags
Civic Center for the purpose of hearing
all interested parties and considering
any and all objections which have been
filed to the proposed plans, specifics-
tions'or contract for or cost of the ira-
provement herein described and pro-
posed to.be made; and
222
Regular Session, June 4, 1984
and Recanvened Session June 8, 1984
WHEREAS, aH interested parties
have been given an opportunity to be
heard and aH objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that aH objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
herel~y adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon aH
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
8th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resointion. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Council Members Beurskens,
Delch, Haramel, Kluesner, Kronfeldt
Manning.
Nays--Mayor Brady.
(Ordering Construction)
RESOLUTION NO. 158-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 113-84 which was duly
passed by this Council for the 1984
Asphalt Paving Project be and the
same are hereby ordered and con-
structed by this Council upon its own
motion and with or without the peti-
tion of property owners. AH the work
shah be constructed in accordance
with the plans and specifications
heretofore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of mal~ng
said improvement will be assessed par~
tiaHy or totally against privately own-
ed property lying within the assess-
ment limits, and in an amount not to
exceed that provided by law, and in
proportion to the special benefits con-
furred. The portion of the cost which
shah be borne by the City will be paid
from the Road Use Tax Fund, the
Revenue Sharing Fund, and the Park-
ing Depreciation Fund, and special
assessment bonds may be issued in an-
ticipation of deferred payments of
assessments when a contract has been
performed and accepted and the pro-
:eeds thereof used to pay the contrac-
tor.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided,, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shah not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 21st 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 meet-
ing to be held at the City Council
Chambers at 7:30 p.m. on the 2nd day
of July, 1984.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shah be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
8th day of June, 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 foHowing vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Kluesner, Kronfeldt,
Manning.
Regular Session, June 4, 1984
and Reconvened Session June 8, 1984
Nays--Mayor Brady.
Council Member Hammel moved to
remove the Kennedy Road Project
from the table. Seconded by Council
Member Kronfeldt.
Vote on the motion was as follows:
Yeas--Council Members Hanunel,
Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kinesner, Man-
rdng.
MOTION FAILED.
There being no further business
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Hammel. Carried by the fuHowing
vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Mary A. Davis
City Clerk
Approved _1984
Adopted _1984
Mayor
Council Members
ATTEST:
City Clerk
223
224
Spesial Session June 1~, 19~4
CITY COUNCIL
OFFICIAL
Special Session, June 18, 1984.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditerinm,
Present--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Kluesner, Kronteldt, Manning, Assis-
tant City Manager Gent Wittenberg,
Corporation Counsel Wfll~am G. Blum.
Absent--City Manager W. Kenneth
Gearhart.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to conduct a Public
Hearing on the Resolution of Necessl-
ty for construction of the Walker-
Oneida Sanitary Sewer and acting
upon such other busnese which may
properly come before the Council.
Invocation was given by Rev. Dur-
wood Buchbeim, Teacher uf Theology,
Wartburg Theological Seminary.
Council Member Kluesner moved to
suspend the rules to let anyone pr~-
sent address the Council ff they so
desire. Seconded by Council Member
Krunfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hamme]
Kluesner, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider project for which
Federal operating and planning
assistance under Section 9 of UMTA is
being sought to help offset the Fiscal
Year 1985 operating expenses and
cover a portion of the structural
analysis study, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Beurskens moved
that the proof of publication be recelv-
ed and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the publisher, on Notice of Public
Hearing on Pendency of Resolution of
Necessity for public improvement on
proposed plans and specs, etc. for con-
structlon of Walker-Oneida Sanitary
Sewer, Proof of publication, certified
to by the Publisher, of Notice to prc-
perry owners advising of Public Hear.
lng to be held on above project and
Certificate of City Clerk certifying
notices were sent to known property
owners advising of Public Hearing for
above, presented and read.
There were no written objections
received.
Scott Potter, 842 Walker and Arnold
Arensdort, 839 Walker, voiced objec-
tion.
Dan Nichols, 889 Walker, suggested
that water and sewer projects be done
in a timely fashion.
Council Member-Beurskens moved
that action on the above be tabled un-
til June 25. Seconded by Council
dember Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kinecner, Kronfeldt, Mannio~.
Nays--None.
Resolution No. 134-84 Final Adop-
tion and approval of Resolution of
Necessity for construction of Walker-
Oneida Sanlt~ry Sewer; A Resolution
Decision of Council upon objections to
plans, specs., etc. for oonstcactinn of
above; and Resolution Ordering con-
structlon for above and directing
advertisement for bids, presented and
read.
CouncA1 Member Hammel moved to
table the Resolutions until June 25,
1984. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing changing the name of From-
melt Industries, Inc. to Frommelt
Partnership for tox exemption pur-
poses for new construction of property
Special Session, June 18, 1984
225
at 4343 Chavenelle Road, presented
and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Kluesnar moved
that the proof of publication be receiv-
ed and flied. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Delch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 18-84
AN ORDINANCE AMENDING OR-
DINANCE NO. 39-81 PROVIDING
FOR PRIOR APPROVAL OF TAX
EXEMPTION FOR NEW CON-
STRUCTION, CHANGING THE AP-
PLICANT FROM FROMMELT IN-
DUSTRIES, INC. TO FROMMELT
PARTNERSHIP, SAID OR-
DINANCE HAVING BEEN
presented and read at the Council
Meeting of June 4, 1984, presented for
final adoption.
ORDINANCE NO. 18-84
(OFFICIAL PUBLICATION)
ORDINANCE NO. 18-84
AMENDMENT TO ORDINANCE
NO. 39-81
OF THE CITY OF DUBUQUE
PROVIDING FOR PRIOR
APPROVAL OF
TAX EXEMPTION FOR NEW
CONSTRUCTION, CHANGING
THE APPLICANT FROM FROM-
MELT
INDUSTRIES, INC.,
TO FROMMELT PARTNERSHIP
WHEREAS, the City Council of the
City of Dubuque passed, approved and
adopted Ordinance No. 39-81 on July
20, 1981 granting the Applicant therein,
Frommelt Industries, Inc. to secure
prior approval of tax exemption in
relation to the construction of new
manufacturing facilities on Lot 1 of
Dubuque Industrial Center, First
Addition to the City of Dubuque,
Iowa;
WHEREAS, subsequent to the
adoption of Ordinance 39-81, the owner
of the construction project was
changed prior to construction from
Frommelt Industries, Inc., an Iowa
corporation to Frommelt Partnership,
an Iowa general partnership, consisting
of the following general partners:
Robert J. Frommelt, Paul J. From-
melt, David J. Frommelt, Nicholas L.
Frommelt and John A. Frommelt; and
Frommelt Partnership purchased the
following described real estate, to-wit:
Lots I and 2 of the "FINAL PLAT
OF THE SUBDIVISION OF LOT 1
OF DUBUQUE INDUSTRIAL
CENTER FIRST ADDITION", in
the City of Dubuque, Iowa, accord-
lng to the Plat recorded as Instru-
ment No. 1740-83, records of
Dubuque County, Iowa. Subject to
highway and easements of record.
WHEREAS, Frommelt Partnership
proceeded to construct and finance the
manufacturing ~acilities on the above
described real estate, with physical
~ossession and occupancy of the new
manufacturing facility on May 14,
1984;
WHEREAS, further, Frommelt
Industries, Inc. is not the record owner
of the property in question and the tax
exemption for new construction should
accrue to Frommelt Partnership, the
actual owner; and
WHEREAS, before Frommelt Part-
nership proceeds to process the tax
exemption for the newly completed
construction with the tax assessor, it
wishes to have Ordinance 39-81
~nended to show the applicant and
owner of the new construction to be
Frommelt Partnership, an Iowa gen-
oral partnership; this application is
filed pursuant to and in accordance
with Ordinance No. 70-79, also known
as Section 35-12, Code of Ordinances
of the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section I. That Ordinance 39-81 is
amended to show the applicant and
owner of the new construction on:
Lots 1 and 2 of the "FINAL PLAT
OF THE SUBDIVISION OF LOT 1
OF DUBUQUE INDUSTRIAL
CENTER FIRST ADDITION", in
the City of Dubuque, Iowa, accord-
ing to the Plat recorded as Instru-
ment No. 1740-83, records of
Dubuque County, Iowa. Subject to
highway and easements of record.
to be Frommelt Partnership, an
Iowa general partnership, deleting the
applicant and owner name of From-
melt Industries, Inc., an Iowa corpora-
tion, and Frommelt Partnership is
hereby secured the tax exemption in
relation to the new manufacturing
facilities constructed on said real estate
for the erection and construction of the
new manufacturing facilities theron
Special Session, June 18,1984
and new machinery and equipment to
be situated therein.
Section 2. That this amended ordi-
nance grants the owner-applicant
Frommelt partnership the same legal
sights it granted Frommelt Industries,
Inc. in Ordinance 39-81 that was
passed, approved and adopted on July
20, 1981,
Section 3. That the City Council has
examined said tax exemption applica-
tion and the data provided for this
amendment and being fully advised in
the premises finds that said amend-
ment to the tax exemption ordinance
should be approved.
PASSED, APPROVED AND
ADOPTED this 18th day of June,
1984.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
June, 1984.
Mary A. Davis
It 6/22 City Clerk
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-
bers Beurskens, Delch, Hammel
Kluesner~ Kronfeldt, Manning.
Nays--None.
Communication of City Manager
regarding approval of the loan of
$35,000 of Community Development
Block Grant Funds to the Dubuque
Historic Improvement Company for
the Redstone Project, presented and
read.
Jeffrey Mozena, 1207 Grove Ter-
race, requested approval of the loan.
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-
bars Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 1784/4
A Resolution Approving the Loan of
$35,000 of Community Development
Block Grant Funds to the Dubuque
~latocie Improvement Company for
;he Redstone Relmbifithtion PcaJect
WHEREAS, the City of Dubuque,
[own has made application th the U.S.
Department of Housing and Urban
Development for an Urban Dsvelop-
meat Action Grant to provide finan-
cial assistance to the Dubuque
Historic Improvement Company for
its undertoking of restoration and
reuse of the "Redstone" property in
Dubuque, Iowa for a sixtoen-room Vic-
toriau guesthouec; and,
WHEREAS, the City of Dubuque,
Iowa, desires to assist the Dubuque
/istoric Improvement Company, Inc.
in the restoration of the Redstone pro-
party and the enhancement of its
economic viability for the purpose of
creating permanent employment op-
)ortunity to its citizens, to stabilize
and improve the City's tax base, and
to prevent the continued deterioration
of n National Register property; and~
WHEREAS, a Community Dsveinp-
ment Block Grant Loan Agreement,
Security Agreement, Real Estate
Mortgages and Promissory Note are to
be executed by the Dubuque Historic
Improvement Company, Inc.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council
hereby approves the loan of $35,000 of
Community Development Block Grant
~nds to Dubuque Historic Improve-
meat Company for the Bedstone
rehabilitation projecg subject to the
award of an Urban Development Ac-
tion Grant to the City for the project
and subject to the terms similar to
those to be established for the loan of
Action Grant funds to the project.
Section 2. That the Mayor and the
City Clerk be and they are hereby
authorized and directed upon the
award of the Urban Development Ac-
tion Grant to endorse the necessary
documents for the loan of Community
Development Block Grant funds in the
amount of Thirty-Five Thousand
Dollars ($35,000) to the Dubuque His-
toric Improvement Company.
Section 3. That the City Manager,
upon the execution of the necessary
Special Session, June 18, 1984
loan document by tha Mayor and City
Clerk be and ha is hereby authorized
ired directed to disperse funds aceor.
ding to the Loan A~reement from the
Community Development Blovk Grant
Entitlement Funa~
Passed, approved and adopted this
18th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution, Seconded
by Council Member Reonfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrsknas, Deich, Hammel
IQuesner, Kronfeldt, Manning.
Nays--Nona.
Proof of publication, certified to by
the Publisher, on Notice of Pendency
of Resolution of Necessity for public
improvements and Public Hearing
upon propoecd plans, specs, etc. for
construction of Chaplain Schmitt
Memorial Island Park and Recreation
Complex, construction of Infields and
Warning Tracks, pre~ented and read.
Council Member Hammd moved
that the proof of publication be recaiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
/ollowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
K]uesner, Kronfeldt, Manning.
Nays--None.
{Necessity for Improvement)
RE~OLUTION NO. 138-84
WHEREAS, proposed plans haw
been duly prepared and approved b
the City Council of the City of DUbu*
qua, 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-
meat, and an estimate of the cost for
the Chaplain Schmitt Memoriallsland
Park and Recreation Complex - Con-
struct/on of Infields and Warning
Tracks.
BE IT THEREFORE RESOLVED
227
that the City Council deems it advisa-
ble and necessary for the public
welfare to make the herein mentioned
improvements, and unless interested
persons at the time of the final con-
sideration of this proposed resolution
have fried objections with the City
Clerk to the proposed plans, specifica-
tions, contract or est/mated 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 am now on file with the City
Clerk. That the cost and expense of
nyking said improvemsnt will be paid
from a capital improvement levy and
private donations.
The above resolution was introduc-
ed, approved and ordered placed on ~e
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
Record of Final Adoption
The forgoing resolution was finally
passed and adopted, as proposed by
the City Council this 18th day of June,
1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
final adoption of the Resolution.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bsurskens, Delch, Hammel,
Kluesnar, Kronfeldt, Mann/ng.
Nays--None.
Decision of Council Upon Ob~leetions
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 176-84
WHEREAS, proposed plans and
228
Special sessio~ Juue 15,15~
specifications and form of contract for
the Chaplain Schmitt Memorial Island
Park and Recreation Complex - Con-
struction of Infields and Warning
Tracks have been approved by the Ci-
ty Council of the City of Dubuque and
public notice given as provided by the
Code of Iowa pertainin~ to public con-
tracts and hands, and the time and
placed fixed for the bearing of all
jeetions to said plans, specifications or
contract for or cost of such im-
provements, said time being this 18th
day of June, 1984; and
WHEREAS, the City Council met in
special session this 18th day of June,
1984, at 7:30 p.m. at the Public
Library Auditorium for the purpose of
bearing all interested parties and con-
sldering any and ail objections wMch
beve been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described and
proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same are hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution contained the deei-
sion of this City Council upon ail objec-
tions which have been ~ed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, approved and adopted this
18th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskans, Deich, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None.
IOrdaring Construction}
RESOLUTION NO. 177-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 138-84 which was duly
passed by this Council for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex-
Construction of Infields and Warning
Tracks be and the same are hereby
ordered and constructed by this Coun-
ril upon its own motion and with or
without the petition of property
owners. All work shall be constructed
in accordance with tho plans and
speeiflcotians heretofore adopted and
now on file in tho office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of said im-
provement ha paid from a capital im-
provement levy and private donations.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
~hail be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
18th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammai moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tors of the receipt of proposals for the
Special Session, June 18, 1984
229
construction of Chaplain Schmltt
Memorial Island Park and Recreation
Complex, construction of Infields and
Warning Tracks AND Communication
of City Manager recommending to
award contract to McDermott Ex-
cavating, 14.5% under the Engineer's
estimated, presented and read.
Council Member Hammel move~
that the proof of publication and the
communication be received and filed.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammsi
Klueener, Kronfeldt, Manning.
Nays--None.
~Awarding Contract)
RESOLUTION NO. 179-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex - Con-
structinn of Infields and Warning
Tracks pursuant to Resolution No.
140-84 and notice of bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 24th day of
May, 1984.
WHEREAS, said sealed proposals
were opened and read on the 7th day of
June, 1984 and it has been determined
that the bid of McDermott Ex-
eavatin~g of Dubuque, Iowa in the
amount of $29,565.90 was the lowest
bid for the furnishing of aH labor and
materials and performing the work as
provided for in the plans and specifies-
tions.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
That the contract for the above men-
tioned improvement be awarded to
McDermott Excavating and the
Manager be and is hereby directed to
execute a contract on behalf of the Ci-
ty of Dubuque for the complete parlor-
manco of the work.
BE IT ~FURTHER RESOLVED
that upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
18th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hsmmel moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None.
Petition of Investment Counselors,
Inc. requesting issuance of Industrial
Development Revenue Bonds in amt.
of $10,000,000.00, presented and read,
Council Member Beurskens moved
that the petition be received and filed
and approved. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays--None.
Abstain--Council Member Hammsi,
RESOLUTION NO. 180-84
A Resolution Authurlz~ng the Execu-
tion of a Memorandum of Agreement
with Investment Counselors, Inc.
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incor-
porated municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1983,
as amended (the "Act") to issue
revenue bonds or notes for the purpose
of financing the cost of acquiring, by
construction or purchase, land,
buildings, improvements and equip-
ment, or any inter'est therein, suitable
for the use of any commercial enter-
prise or nonprofit organization which
this Council finds is consistent with an
urban renewal plan for an urban
renewal area which has been
designated by the Issuer, prior to July
1, 1979, pursuant to Chapter 403 of
the Code of Iowa, 1983, as amended
("Chapter 403"); and
WHEREAS, the Issuer designated
Special Sessio~ 3une 18,1984
prior to July 1, 1979, a certain urea Exhibit A attached har~to.
within the Issuer as an Urban renewal Section 3. Officials of the Issuer are
urea, known as Downtown Urban hereby authorized to take such further
Renewal Project, and adopted an ur- action as m~y be necessary to carry
ben renewal plan for such area, all in out the intent and purPose of the
conformity with the provisions of Memorandum of Agreement.
Chapter 403; and
Section 4. All resolutions and parts
WHEREAS, the Issuer has been re- thereof in conflict herewith oare hereby
quested by Investment Counselors, repealed to the extent of such conflict
Inc. (the "Company") to issue its Passed, nndapproved th~s 18th day
revenue bonds pursuant to the Act for of June, 1984,
the purpose of financing the acqulsi- James E. Brady
tion by construction or purchase of Mayor
land, a building, equipment and im-
provements suitable for use as a hotel ATTEST:
with approximately 200 rooms, plus Mary A. Davis
meeting rooms, restaurants, recrea- City Clerk
tional facilities, commercial and retail
shop space, and parking facih'tlas, and EXHIBIT A
to be connected by skywalk to the Memorandum of Agreement
Five-Flags Civic Center ~the
,,Project"llocatedwlthintheIsoueron THIS MEMORANDUM OF
the bl~ck bounded by Main Street on AGREEMENT is between the City of
the east, Iowa Street on the west, 4th Dubuque, Iowa, (the "Issuer") and In-
Street on the south and 5th Street on ~estment Counselors, Inc. Ithe "Com-
the north; and tony').
1, Prellminury Statement. Among
WHEREAS, a Memorandum of the matters of mutual inducement
Agreement in the form and with the ~hlch have resulted in the execution of
contents set forth in Exhibit A attach- this Agreement are the following:
ed hereto has been presented to the lal The Issuer is authorized by
Issuer, under the terms of which the Chapter 419 of the Code of Iowa,
Issuer agrees, subject to the provi- 1983, as amended (the "Act") to
sions of such Agreement, to pursue issue revenue bonds or notes for
proceedings necessary under the Act the purpose of financing the cost
to issue its revenue bonds for such pur- of acquiring, by construction or
pose; purchase, land, buildings, ira-
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. It is hereby d~tormined
that the Project is located within the
Downtown Urban Renewal Project
area and is consistent with the urban
renewal plan approved for said arev~
Section 2. The Memorandum of
Agreement in the form and with the
contents set forth in Exhibit A attach-
ed hereto be and the same is hereby ap-
proved and the Mayor is hereby
authorized to execute said Memoran-
dura of Agreement and the Clerk is
hereby authorized to attest the same
and to affix the seal of the Issuer
thereto, said Memorandum of Agree-
rn~nt which constitutes and is hereby
made a part of this Resolution to be in
substantially the form, text and con-
raining the provisions set forth in
provements and equipment, or
eny interest therein, suitable for
the use of any commercial enter*
prise or nonprofit organization
which this Council finds is consis-
tent with the urban renewal plan
for an urban renewal area which
has been designated by the
Issuer, prior to July 1, 1979, pur-
snnnt to Chapter 403 of the Code
of Iowa, 1983, as amended
("Chapter 403,).
(b) The Company wishes to ob-
tain satisfactory assurance from
the Issuer that, subject to the
purlic hearing requlr~d by the
Act and Section 103(k) of the In-
ternal Revenue Code, such bonds
will be issued by the Issuer in a
principal amount sufficient to
finance in part the costs of the
acquisition by construction or
purchase of land, a building,
Special Session, June 18, 1984
231
equipment aud improvements
suitable for use as a hotel with
approTimstely 200 rooms, plus
meeting rooms, resteurants,
recreational facilities, commercial
end retail shop spuco, and park-
ing in 'edities, and to be connected
by skywalk to the Five-Flags
Civic Center Ithe "Project"l
located within the Issuer on the
block bounded by Main Street on
the east, Iowa Street on the west,
4th Street on the south and 5th
Street on the north.
lc) The Issuer considers that the
acquisition and construction of
the Project end the financing of
the same wffi promote the welfare
end prosperity of the Issuer and
its citizens and secure the public
purposes sot forth in the Act.
2. Undertaldngs on the Part of the
Issuer.
(a) The Issuer will begin the pre-
csodin~s necessary to authorize
the issuance of such bonds in an
nggregnte principal amount not
to exceed $10,000,000.
fo) Subject to due compliance
with all requirements of law, in-
eluding the provisions of and the
public hearing required by the
Act and Section 103(k) of the In-
ternal Revenue Code. it will
cooperate with the Company in
the issuance end sale of such
bonds, end the proceeds from tho
issuance of such bonds shall ha
loaned to the Company, or a part-
nership in which the Company
will be a partner, upon terms suf-
ficient to pay the principal of and
interest and redemption
premium, if any, on such bonds,
as and when the same shall
become due.
3. Undertel,tugs on the Part of the
Company.
(a) It will use all reasonable ef-
forts to cooperate with the Issuer
end comply with the Act and ali
other provisions of law relating
to the Project and the issuance
and sale of such bonds.
(b) It will e~tor into a Loan
Agreement with the Issuer under
the terms of which the Company,
or a partnership in which the
Company will be a partner, will
obllgnto itself to pay to the
Issuer sums sufficient to pay the
principal of and interest and
redemption premium, if any, on
such bonds as and when the same
shall become due and payable.
{c) It will reimburse the Issuer
for all reasonable and necessary
direct out-of-pocket expenses
which the Issuer may incur at
the Company's request ~rlaing
from the execution of this Agree-
ment and the performance by the
Issuer of its obligation
hereunder, whether or not such
bonds are issued.
4. General Provisions.
(a) All commitments on the part
of the Issuer and the Company
herein are subject to the cnndi-
tlon that on or before one year
from the date hereof (or such
other date as shah be mutually
agreed to) the Issuer and the
Company shall have agreed to
mutually acceptable terms
relating to the issuance and sale
of such bonds.
~b) Ali commitments of the Issuer
hereunder are further subject to
the conditions that the Issuer
shall in no event incur any liabiil-
ty for any act or omission
hereunder, and that such bonds
described herein shah not con-
etitute an indebtedness of the
Issuer within the meaning of any
constitutional or statutory provi*
sion and shall not constitute nor
give rise to a pecuniary liability
of the Issuer or a charge against
its general credit or taxing
powers.
Dates this 18th day of June, 1984.
City of Dubuque, Iowa
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
(Seal)
Investment Counselors, Inc.
By
John R. VanDeuyn V.P.
Council Member Bsurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfsidt. Carried
232
Special Session June 18,1984
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays--None.
Abstain-Council Member Hammel.
RESOLUTION NO, 181-84
Resolution fixing a date for beuring on
proposed Commercial Development
Revenue Bonds, Series 1984 (Invest-
ment Counselors Project)
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an iucor-
porat~d municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1983,
as amended (the "Act") and Chapter
403 of the Code of Iowa, 1983, as
amended, to issue revenue bonds or
notes for the purpose of financing the
cost of acquiring, by construction or
purchase, land, buildings, im-
provements and equipment, or any in-
terest therein, suitable for the use of
any commercial enterprise or non-
profit organization winch tins Council
finds is consistent with an urban
renewal plan for an urban renewal area
winch has been designated by the City;
and
WHEREAS, the Issuer has been
quested by Investment Counselors,
Inc. (the "Company"), an Iowa cor-
poration, to issue its revenue bonds to
finance in part the cost of the acquizi-
tion by construction or purchase of
land, a building, equipment and im-
provements suitable for use as a hotel
with approximately 200 rooms, plus
meeting rooms, restaurants, recrea-
tional facilities, commercial and retail
shop space, and parking facilities, and
to be connected by skywalk to the
Five-Flags Civic Center (the
"Project") located witinn the Issuer on
the block bounded by Main Street on
the east, Iowa Street on the west, 4th
Street on the south and 5th Street on
the north, which will promote the
welfare of the Issuer and its citizens;
and
WHEREAS, the City has determin-
ed that the Project is located within
the Downtown Urban Renewal Project
Area of the City and is consistent with
the urban renewal plan approved for
said area; and
WHEREAS, it is proposed to
finance in part the cost of the Project
through the issuance of Commercial
Development Revenue Bonds, Series
198 (Investment Counselors Project)
of the Issuer in an aggregate principal
amount not to exceed $10,000,000 {the
"Bonds") and to loan said amount to
the Company under a Loan Agreement
between the Issuer and the Company,
or a portnersinp in which the Company
will be a partner, the obligation of
winch will be sufficient to pay the prin-
cipal of~ and redemption premium, if
any, and interest on the Bonds as and
when the same shah be due and
payable; and
WHEREAS, before the Bonds may
be issued, it is necessary to conduct a
public hearing on the proposal to issue
the Bonds, all as required and provid-
ed for by Section 419.9 of the Act and
Section 103(k) of the Internal Revenue
Code;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. This Council shall meet at
the Carnegie. Stout Public library
Auditorium in Dubuque, Iowa, on the
16th day of July, 1984, at Z.30 o'clock,
p.m., at which time and place a public
hearing shall be held on tha pmposal to
issue the Bonds re[erred to in the
preamble hereof, at which hearing all
local residents who appear shall be
given an opportunity to express their
views for or against the proposal to
issue the Bonds.
Section 2. The Clerk is hereby
directed to give notice of intention to
issue the Bonds, setting forth the
amount and purpose thereof, the time
when and place where the hearing will
be held, by publication at least once
not less than fifteen (15) days prior to
the date fixed for the hearing, in the
Telegraph Herald, a newspaper
published and having a general cireula-
tion within the Issuer. The notice shall
be in substantially the f~llowing form:
(Notice of Intention to Issue
Commercial Development Revenue
Bonds -- Series 1984
(Investment Counselors Project)
The City Council of the City of
Special Session, June 18, 1984
233
Dubuque, Iowa, (the "Issuer") will
meet on the 16th day of July, 1984, at
Carnegie-Stout Public Library
Auditorium in Dubuque, Iowa, at 7:30
o'clock, p.m., for the purpose of con-
ducting a public hearing on the pro-
posal to issue Commercial Develop-
ment Revenue Bonds, Series 1984 (In-
vestment Counselors Project) of the
Issuer, in an aggregate principal
amount not to exceed $10,000,000 (the
"Bonds"), and to loan said amount to
Investment Counselors, Inc. (the
"Company"), or a partnership in winch
the Company will be a partner, for the
purpose of defraying the cost, to that
amount, of the acquisition by con-
struction or purchase of land, a
building, equipment and im-
provements suitable for use as a hotel
with approximately 200 rooms, plus
meeting rooms, restaurants, recrea-
tional facilities, commercial and retell
shop space, and parking facilities to be
connected by skywalk to the Five-
Flags Civic Center, and to be located
within the Downtown Urban Renewal
Project area of the Issuer and consiz-
tent with the Issuer's urban renewal
plan for said area. The Bonds, when
issued, will be limited obligations and
will not constitute general obligations
of the Issuer nor will they be payable
in any manner by taxation, but the
Bonds will be payable solely and only
from amounts received by the Issuer
under a Loan Agreement between the
Issuer and the Company, the obliga-
tion of winch wffi be sufficient to pay
the principal of and interest and
redemption premium, if any, on the
Bonds as and when the same shall
become due.
At the time and place fixed for said
public hearing ail local residents who
appear will ha given an opportunity to
express their views for or against the
proposal to issue the Bonds, and at the
hearing or any adjournment thereof,
the Issuer shall adopt a resolution
determining whether or not to proceed
with the issuance of the Bonds. Writ-
ten comments may also be submitted
to the Issuer at City Clerk, City Hail,
Dubuque, Iowa. Written comments
must be received by the above hearing
date.
By order of the City Council, this
18th day of June, 1984.
Mary A. Davis
City Clerk
Section 3. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Passed, and approved tins 18th day
of June, 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 thee following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays--None.
Abstein-Council Member Hammel.
Communication of City Manager
submitting Resolution requesting that
a Public Hearing be held on June 25 to
amend the Urban Renewal Plan,
presented and read.
Council Member Kluesner moved
that the connnuincation be received
and filed. Seconded by Council
Member Beurskens. Carried by the
foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt, Manning,
Nays--None.
Abstain--Council Member HammeL
RESOLUTION NO. 182-84
A Resolution Fining the Date of
Public Hearing for an Amendment to
the Urban Renewal Plan for the
Downtown Urban Renewal Project,
Iowa R-15.
WHEREAS, on May 18, 1967, the
City Council of the City of Dubuque,
Iowa, after public hearing duly
adopted an Urban Renewal Plan for
the Downtown Urban Renewal Area
Project, Iowa 5-15 (herein called the
"Project"l, and
WHEREAS, the City of Dubuque is
carrying out the Project in confer-
mance with the approved Urban
Renewal Plan; and
WHEREAS, it is deemed to be in
234 Special Session, June 18,1984
the best interest of beth the Project t~that the communication be received
and the City of Dubuque to amend the and filed and authorization approved.
Seconded by Council Member Klues-
approved Urban Renewal plan for the
Project; and
WHEREAS, the proposed plan
amendment is of the nature which re-
quires a public hearing as set forth in
Chapter 403 of the 1981 Cede of Iowa,
as amended, and in conformance with
the appropriate policies and regula-
tions of the United States Department
of Housing and Urban Development.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That a public hearing on a
proposed renewal amendment to the
approved Urban Renewal Plan for the
DownWwn Urban Renewal Project,
Iowa R.15, will be held at 7:30 p.m~ on
June 25, 1984, in the City Council
Chambers, City Hal~ 13th & Centr~
Dubuque, lows
Section 2. That the City Clerk be and
she is hereby authorized and directed
to publish notice of the time and place
of said public hearing, as provided by
law.
Passed, approved and adopted this
18th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesoer moved
adoption of the Resolution. Seconded
by Council Member Bsurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskean, Deich, Kfucener,
Kxonfeldt, Manning.
Nays--None.
Abstain--Council Member Hammei.
Communication of Acting City
Manager requesting Mayor be
authorized to execute a Purchase of
Services Agreement with the Chamber
of Commerce for the fiscalyear beginn-
lng July 1, 1984 covering the City's
financial participation in the
Chamber's Convention and Visitors
Council, presented and read.
Council Member Beurskens moved
her, Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskans, Deich, Hammel,
Klucener, Kronfeldt, Manning.
Nays--None.
Communication of Acting City
Manager requesting adoption of a
Resolution approving funding ageso-
meat betwecn City and Phone-A-
Friend, Information and Referral Ser-
vices for FY 1985, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
~lember Deich. Carried by the follow-
lng vote: '
yeas--Mayor Brady, Council Mem-
bers Beurskoan, Deich, Hammel,
Kluecner, Kronfeidt, Manning.
Nays--None.
RESOLUTION NO. 183-84
A Resolution Approving a Funding
Agreement Between the City of Dubu-
que and the Phone-A-Friead, Inc.
formation and Referral Service and
Authorizing and Directing the City
Manager to Execute said Agreement
an Behalf of the City of Dubuque,
Iowa.
WHEREAS, the City of Dubuque,
Iowa, has negotiated with the Phone-
A. Friend, Inc. Information and Refer-
ral Service to provide previously un-
supplied services for the expressed
purpose of aiding the City of Dubuque
in meeting the social and economic
needs of the low and moderate income
persons and the long-term unem-
and
WHEREAS, the terms and condi-
tions under which Phon~A-Friend,
Inc. Information and Referral Service
will be funded for pr ovidin~ the abev~-
described services are set forth in a
Funding Agreement, a copy of which
Agreement is hereto attached and by
this reference made a part hereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY cOUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the attached Fun&
Special Session, June 18, 1984
235
ins Agreement by and between the Cf*
ty of Dubuque, Iowa and the Phone.A-
Frien~ Inc. Information and Referral
Service be and the same is hereby ap-
proved`
Section 2. That the City Manager be
and he is hereby authorized and
directed to execute said Agreement for
and on behalf of the City of Dubuque,
Passed, approved and adopted this
18th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
K]uesner, Kronfeldt, Manning.
Nays--None.
Communication of Acting City
Manager requesting adoption of a
Resolution approving funding agree-
ment between City and Washingten
Neighborhood Tool Library for Fiscal
Year 1984, presented and read,
Council Member Deich moved that
the communication be received and fil-
ed. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskans, Deich, Hammei
Kluesner, Kronfeidt, Manning.
Nays--None.
RESOLUTION NO. 18444
A Resolution Approving a Fundis
Agreement Between the City of Dubu-
que and the Washington
Neighbethood Tool Library, Inc. and
Authorizing and Directing the City
Manager to Execute said Agreement
on Behalf of the City of Dubuque,
Iowa.
WHEREAS, the City of Dubuque,
Iowa, has negotiated with the
Washington Neighborhood Tool
Library, Inc. to provide previously un-
soppiled services for the expressed
purpose of aiding the City of Dubuque
to prevent the spread of slum and
blight within the City; and
WHEREAS, the terms and condi-
tions under which Washington
Neighborhood Tool Library, Inc. win
be funded for providing the abov~
described services are set forth in a
Funding Agreement, a copy of which
Agreement is hereto attached and by
this reference made a part thereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the attached Fun.
ding Agreement by and between the
City of Dubuque, Iowa, and the
Washington Neighborhood Tool
Library, Inc. be and the same is hereby
approved,
Section 2. That the City Manager be
and he is hereby authorized and
directed to execute said Agreement for
and on behalf of the C~ty of Dubuque,
Passed, approved and adopted this
18th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Kluesner, Kronfeidt, Manning.
Nays--None.
Petition of Handicapped Persons,
Inc. requesting to address the Council
regarding permission to use four per-
table "NO PARKING SIGNS" at
their facility on East Eighth St.,
presented and read.
Katherine Kelley spoke to the Coun-
cil and advised they had received pro-
per permission from Mr. Koch this
afternoon with condition that notice is
given when signs win be used.
Council Member Kluesner moved
that the petition be received and ~ed
and that recommendation of the Staff
2~6
Special Session, June 18,19~4
be accepted. Seconded by Council
Member Deich, Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
I/lnesuer, Kronfeldt, Manning.
Nays--None.
Touche Ross Company submitting a
report regarding the Cable Rate in-
crease AND Communication of Cable
Regulatory Commission submitting
their recommendation regarding the
Cable Rate Increase, presented and
read.
Carl Heathcote addressed the Coun-
cil and suggested to defer this matter
this evening and set for public bearin~
for input.
Jim Weber, Acting Manager of
Group W and Terry Meyeriug, District
Manager of Group W requested ap-
proval of request.
Council Member Beurskens moved
that the report and communication be
received and filed. Seconded by Coun-
cil Member Klueener. Carried by the
following vote:
Yeas--Mayar Brady, Council Mem-
bers Bsurskene, Deich, Hammel,
Klnesner, Kronfeldt, Manning.
Nays--None.
Communication of Acting City
Manager submitting recommendation
regarding the rate increase requested
by Group W, presented and read.
C~uncil Member Beurskene moved
that the communication be received
and filed and to grant increase as
recommended, that being $3.27 per
n~nth. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Kineener, Kronfeldt,
Manning.
Nays--Council Members Deich,
Hammel.
RESOLUTION NO. 185-84
Resolution Authorizing and providing
for the Issuance of $750,000 General
Obligation Bonds and Levying a Tox
to Pay said Bonds
WHEREAS, the Issuer ia duly in-
corporated, organized and exists
by virtue of the laws and
Constitution of the State of Iowa; and
WHEREAS, the issuer is in need of
funds to pay costs of reconstruction,
extension and improvement of an ah~
port already owned including a
hangar, office bnildfu~ and paridng
lot, an essential corporate purpoee~
and it is deemed necessary and ad-
visable that general obligation bonds
in the amount of $7§0,000 be issued
for said purpose; and
WHEREAS, pursuant to notice
published as required by Section
384.25 of said Code, this Council has
held a public meeting and hearing
upon the proposal to institute prc-
ceedinge for the issuance of said
bends, and the Council is therefore
now authorized to proceed with the i~-
suance of said bonds; and
WHEREAS, pursuant to the provi-
of Chapter 75 of the Code of
Iowa, the above mentioned bonds were
heretofore sold at public sale and ac-
tion should now be taken to issue said
bonds conforming to the terms and
conditions of the best bid received at
the advertised public sale;
NOW, THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Definitions. The following
terms shall have the following mean-
ings in this Resolution unless the text
expressly or by necessary implication
requires otherwise:
(a) "Issuer" and "City" shall
mean the City of Dubuque,
Iowa;
(bi "Treasurer" shall mean the
City Treasurer or such other of-
ricer as shall succeed to the
same duties and responsibilities
with respect to the recording
and payment of the Bonds
issued hereunder;
Ic~ "Bonds" shall mean
$750,000 General Obligation
Bends, authorized to be issued
by this Resolution;
(d) "Registrar" shall be Bankers
Trust Company of Des Moines,
be approved by Issuer as pro-
Special Session, June 18, 1984
237
vided herein and who shah carry
out the duties prescribed herein
with respect to maintaining a
registrar of the owners of the
bonds. Unless otherwise
specified, the Registrar shall also
act as Transfer Agent for the
bonds.
(e) "Paying Agent" shall be
Bankers Trust Company or such
successor as may be approved by
Issuer as provided herein and
who shall carry out the duties
prescribed herein as Issuers
agent to provide for the payment
of principal of and interest on the
bonds as the same shall become
due.
Section 2. Levy and Certification of
Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for
the purpose of providing funds to
pay the principal and interest of
the bonds hereinafter authorized
to be issued, there is hereby
levied for each future year the
following direct annual tax on all
of the taxable property in Dubu-
que, Iowa, to-wit:
FISCAL YEAR
(JULY 1 TO JUNE 30)
YEAR OF
AMOUNT COLLECTION:
$172,235 1985/1986
$112,300 1986/1987
$107,925 1987/1988
$153,550 1988/1989
$144,800 1989/1990
$136,050 1990/1991
$127,300 1991/1992
$118,309 1992/1993
$109,200 1993/1994
(NOTE: For example the levy to be
made and certified against the taxable
valuations of January 1, 1983, will be
collected during the fiscal year com-
mencing July 1, 1984).
(b) Resolution to be Filed With
County Auditor. A certified copy
of this Resolution should be filed
with the County Auditor of
Dubuque County, Iowa, and said
Auditor is hereby instructed in
and for each of the years as pro-
vided, to levy and assess the tax
hereby authorized in Section 1 of
this Resolution, in Ilks manner as
other taxes are levied and assess-
ed, and such taxes so levied in
ned for each of the years
aforesaid be collected in 1/kc man-
ner as other taxes of the City are
conected, and when collected be
used for the purpose of paying
principal and interest on said
bends issued in anticipation of
said tax, and for no other put-
pose whatsoever.
(c) Additional City Funds
Available. Principal and interest
coming due at anytime when the
proceeds of said tax on hand
shall be insufficient to pay the
same shall be promptly paid
when due from current funds of
the City available for that put-
pose and reimbursement shall be
made from such special fund in
the amounts thus advanced.
Section 3. Bond Fund. Said tax shall
be collected each year at the same time
and in the same manner as, and in ad.
dition to, all other taxes in and for the
City, and when collected they shall be
converted inwa special fund within
the Debt Service Fund to be known as
the "GENERAL OBLIGATION
BOND FUND 1984 No. 1", which is
hereby pledged for and shall be used
only for tha payment of the principal of
and interest on the bonds hereinafter
authorized to be issued; and also there
shall be apportioned to said fund its
proportion of taxes received by the C~.
ty from railway, express, telephone
and telegraph companies and other
taxes assessed by the Iowa State
Department of Revenue.
Section 4. Investments of Bond
Fund Proceeds~ All moneys held in the
Bond Fund, provided for by Section 3
of this Resolution shall be invested in
d/rest obligations of the United States
Government or deposited in banks
which are members of the Federal
Deposit Insurance Corporation and
the deposits in which are insured
thereby and all such deposits ex-
seeding the maximum amount insured
~rom time to time by FDIC or its
equivalent successor in any one bank
shall be continuously secured by a
valid pledge of direct obligations of the
United States Government having an
equivalent market value. Ali such in-
terlm investments shall mature before
the date on which the moneys are re-
quired for payment of principal of or
235 Spedul Session June 15, 19~
interest on the Bonds as herein pro-
vided.
Section 5. Bond Details, Execution
and Redemption.
la) Bond Details. General Obliga-
tion Bonds of the City in the
amount of $780,000 shall be
issued pursuant to the provisions
oI Section 384.25 of the City
Code of Iowa for the aforesaid
purpose. The bonds shah be
designated "GENERAL OB-
LIGATION BOND", be dated
July 1, 1984, and bear interest
from the date thereof, until pay-
ment thereof, at the principal oI-
rice of Ba~kers Trust Company,
Paying Agent, said interest
payable on May 1, 1985 and se-
mianually thereafter on the
day of November and May in
each year until maturity at the
rates hereinafter provided.
The bonds shall be executed by
the facsimile signature of the
Mayor and attested by the fac-
simile signature of the Clerk, and
printed or impressed with the
seal of the City and shah be fully
registered as to both principal
and interest as provided in this
resolution; principal and interest
shah be payable at the office of
the Paying Agent. The bonds
shah be each in the denomination
of $5,000 or integral multiples
thereof. Said bonds shah mature
and bear interest as follows:
Interest Principal Maturity
Rate Amount May let
8.75% $ 50,000 1986
8.75% $ 50,000 1987
8.75% $ 50,000 1988
8.75% $100,000 1989
8.75% $100,000 1990
8.75% $100,000 1991
9.00% $100,000 1992
9.10% $100,000 1993
9.20% $100,000 1994
(b) Redemption. The Bonds are
not subject to redemption prior
to maturity.
Section 6. Registration of Bonds
Appointment of Registrar; Transfer;
Ownership; Delivery; and Cancella-
tion.
(a) Registration. The ownership of
bonds may be transferred only by
the making of an entry upon the
books kept for the registration
and transfer of ownership of the
Bonds, and in no other way.
Bankers Trust Company is
hereby appointed as Bond
Registrar under the terms of this
Resolution and under the provi-
sions of a separate agreement
with the Issuer filed herewith
which is made a part hereof by
this reference. Registrar shall
maintain the books of the Issuer
for the registration of ownership
of the Bonds for the payment of
principal of and interest on the
Bonds as provided in this Resoin-
tinn. All I~onds shall be
negotiable as provided in Article
8 of the Uniform Commercial
Code and Section 384.31 of the
Code of Iowa, subject to the pro-
visions for registration and
transfer contained in the bonds
and in this resolution.
lb) Transfer. The ownership of
any Bond may be transferred on-
ly upon the Registration Books
kept for the registration and
transfer of Bonds and only upon
surrender thereof at the principal
office of the Registrar together
with an assignment duly ex-
ecuted by the holder or his duly
authorized attorney in fact in
each form as shah be satisfactory
to the Registrar, along with the
address and social security
number or federal employer iden-
tification number of such
transferee (or, if registration is to
be made in the name of multiple
individuals, of aH such
transfereesl. In the event that
the address of the registered
ovmer of a Bond (other than a
registered owner which is the
nominee of the broker or dealer in
question) is that. of a broker or
dealer, there must be disclosed on
the Registration Books the infer-
marion pertaining to the
registered owner ~eqalred above.
Upon the transfer of any such
Bond, a new fully registered
Bond, of any denomination or
denominations permitted by this
Resolution in aggregate principal
amount equal to the unmatured
and unredeemed principal amount
of such transferred fully regis-
Spedal Session, June 18, 1984
239
tered Bond, and bearing interest
at the same rate and maturing on
the same date or dates shall be
delivered by the Registrar.
(c) Registration of Transferred
Bonds. In all cases of the
~ransfer of the Bonds, the
Registrar shah register, at the
earliest practicable time, on the
Registration Books, the Bonds,
in accordance with the provisions
of this Resolution.
(d} Ownership. As to any Bond,
the person in whose name the
ownership of the same shah be
registered on the Registration
Books of the Registrar shah be
deemed and regarded as tho ab-
solute owner thereof for aH pur-
poses, and payment of or on
ecount of the principal of any
such Bonds and the premium, if
any, and interest thereon shah be
made only to or upon the order of
the registered owner thereof or
his legal repreeentetive. Ali such
payments shah be valid and effec-
tual to satisfy and discharge the
liability upon such Bond, in-
eluding the interest thereon, to
the extent of the sum or sums so
paid.
(e) Cancellation. AH Bonds which
have been redeemed shall not be
reissued but shah be cancelled by
the Registrar. AH Bonds which
are cancelled by the Registrar
shah be destroyed and a cer-
tificate of the destruction thereof
shah be furnished promptly to
the Issuer; provided that if the
Issuer shall so direct, the Trustee
shah forward the cancelled Bonds
to the Issuer.
{i) Non-Presentment of Bonds. In
the event any payment check
representing payment of interest
on the Bonds is returned to the
Paying Agent or is not presented
for payment of principal at the
maturity or redemption date, if
funds sufficient to pay such in-
terest on Bonds shall have been
made available to the paying
Agent for the benefit of the
owner thereof, aH liability of the
Issuer to the owner thereof for
such interest or payment of such
Bonds shall forthwith cease, ter-
minate and be completely dis-
charged, and thereupon it shah
be the duty of the Paying Agent
to hold such funds, without
Hability for interest thereon, for
the benefit of the owner of such
Bonds who shall thereafter be
restricted exclusively to such
funds for any claim of whatever
nature on his part under this
Resolution or on, or with respect
to, such interest or Bonds. The
Paying Agent's obligation to hold
such funds shall continue for a
period equal to two years and six
months following the date on
which such interest or principal
became due, whether at maturity,
or at the date Bxed for redemp-
tion thereof, or otherwise, at
which time the Paying Agent,
shall surrender any remaining
funds so held to the Issuer,
whereupon any claim under this
Resolution by the Issuers of such
interest or Bonds of whatever
nature shall be made upon the
Issuer,
Section 7. Reissuance of Mutilated,
Destroyed, Stolen or Lost Bonds. In
case any outstanding Bond shall
become mutilated or be destroyed,
stolen or lost the Issuer shall at the re-
quest of Registrar authenticate and
deliver a new Bond of like tenor and
amount as the Bond so mutilated,
destroyed, stolen or Ios~ in exchange
and substitution for such mutilated
Bond to Regis~ar, upon surrender of
such mutilated Bond, or in lieu of and
substitution for the Bond destroyed,
stolen or lost upon filing with the
Registrar evidence satisfactory to the
Registrar and Issuer that such Bond
has been dastroyed, stolen or lost and
proof of ownership thereof, and upon
~urnishing the Registrar and Issuer
with satisfactory indemnity and eom-
plying with such other reasonable
regulations as the Issuer or its agent
may prescribe and paying such ex-
nection therewith.
Section 8. Record Date. Payments of
principal and interest otherwise than
upon full r~demption, made in respect
of any Bond, shall be made to the
registered homer thereof or to their
designated agent as the same appear
on the books of the Registrar on the
15th day of the month preceding the
payment date. And all such payments
shall fully discharge the obligations of
240
Special Session, June 18, 1984
the Issuer in respect of such Bonds to
the extent of the payments so made.
payment of principal shall only be
made upon surrender of the bond to the
paying agent.
Section 9. Execution, Authentica-
tion and Delivery of the Bonds. Upon
the adoption of this resalutio.~ the
Mayor and C3ty Clerk shall execute
and deliver the Bonds to Bankers
Trust Company who shall authenticate
the Bonds and deliver the same to or
upon order of the Purchaser. No bond
shall be valid or obligatory for any pu~
pose or shall be entitled to any right or
benefit hereunder unless the registrar
shall duly endorse and execute on such
Bond a certificate of authentication
substantially in the form of the Ce~
tificate herein set forth. Such Cer~
tifieate upon any Bond executed on
behalf of the Issuer shall be conclusive
evidence that the Bond so authen.
ticatod has been duly issued under this
resolution and that the holder thereof
is entitled to the benefits of this resolu-
No Bonds shall be authenticated and
delivered by the Registrar unless and
until there shah have been provided
the following:
1. A certified copy of the resolution
of Issuer authorizing the issuance of
the Bonds;
2. A written order of Issuer signed
by the Treasurer of the Issuer direc*
ting the authentication and delivery of
the Bonds to or upon the order of the
Purchaser upon payment of the put-
chase price as set forth therein;
3. The approving opinion of Ahlers,
Cooney, DorweHer, Haynie, Smith &
Alihae, Bona Counsel, concerning the
validity and legality of ah the bonds
proposed to be issued.
Section 10. Form of Bond. Bonds
shall be printed in substantial com-
pliance with standards proposed by
the American Standards Instituto
substantially in the form as follows:
(10)
(continued on the back o~ this Bond)
(15)
FIGURE 1
(Front)
Spechd Session, June 18, 19~4 241
(10)
(Continued)
(16)
(17)
FIGURE 2
(Back)
The text of the bonds to be located thereon at the item numbers shown shah
be as foliows:
Item 1, figure 1 --- "STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"GENERAL OBLIGATION BOND,"
"ESSENTIAL CORPORATE PURPOSE."
Item 2, figure i ---- Rate:
Item 3, figure 1 ---- Maturity:
Item 4, figure 1 = Bond Date: July 1, 1984
Item 5, figure i -- Cusip #.
Item 6, figure 1 = "Registered"
Item 7, figure 1 -- Certificate No.
Item 8, figure 1 = Principal Amount:
Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation
organized and existing under and by virtue of the Constitution and laws of the
State of Iowa (the "Issuer"), for value received, promises to pay from the source
and as hereinafter provided, on the maturity date indicated above, to
Item 9A, figure 1 ---- (Registration panel to be completed by Registrar or
Printer with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal sum of (principal
amount written out) Thousand Dollars in lawful money of the United States of
America, on the maturity date shown above, only upon presentation and surren-
Special Session, June 18, 1984
der hereof at the principal office of Bankers Trust Company, Paying Agent of
this issue, or its successor, with interest on said sum from the date hereof until
paid at the rate per annum specified above, payable on May 1, 1985, and semian-
nually thereafter on the 1st day of November and May in each year.
Interest and principal shall be paid to the registered holder of the bond as
shown on the records of ownership maintained by the Registrar as of the 15th
day of the month next preceding such interest payment date. Interest shah be
computed on the basis of a 360-day year of twelve 30-day months.
This bond is issued pursuant to the provisions of Section 384.25 of the City Code
of Iowa, for the purpose of paying costs of reconstruction, extension and im-
provement of an airport already owned including a hangar, office building and
parking lot, in conformity to a Resolution of the Couanfl of said City duly passed
and approved.
Ownership of this bond may bo transferred only by transfer upon the books
kept for such purpose by Bankers Trust Company, the Registrar. Such transfer
on the books shall occur only upon presentation and surrender of this bond at the
principal office of the Registrar, together with an assignment duly executed by
the owner hereof or his duly authorized attorney in the form as shall be satinlac-
tory to the Registrar. Issuer reserves the right to substitute the Registrar and
Paying Agent but shall, however, give 60 days' notice to registered bondholders
of such change. All bonds shall ha negotiable as provided in Article 8 of the
Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the
provisions for registration and transfer contained in the bond resolution.
And it is hereby represented and certified that all acts, conditions and things
requisite, according to the laws and Constitution of the State of Iowa, to exist, to
ha had, to be done, or to be performed precedent te the lawful issue of this bond,
have been existent, had, done and performed as required by law, that provision
has been made for the levy of a sufficient continuing annual tax on all the taxable
property within the territory of the Issuer for the payment of the principal and
interest of this bond as the same will respectively become due; that the faith,
credit, revenues and resources and all the real and personal property of the
Issuer are irrevocably pledged for the prompt payment hereof, both principal
and interest; and the total indebtedness of the Issuer including this bond, does
not exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this
bond to be signed by the facsimile signature of its Mayor and attested by the fac-
simile signature of its City Clerk, to bo sealed and to be authenticated by the
manual signature of an officer of the Registrar, Bankers Trust Company of Des
Moines, Iowa.
Item 11, figure 1 = Date of authentication:
Item 12, figure i = This is OhO of the bends described in tho within men-
tioned resolution, as registered by Bankers Trust Com-
pany.
Bankers Trust Company
By
Registrar
Item 13, figure 1 = Registrar and Transfer Agent:
Bankers Trust Company
Paying Agent: Bankers Trust Company
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
City of Dubuque, Iowa
By: (facsimile signature)
Mayor
Attest: (facsimile signature)
City Clerk
Special Session, June 18, 1984
243
Item 16, figure 2 = It is certified that the following is a correct and complete
copy of the opinion of bond counsel issued as of the date
of delivery of the issue of which this bond is a part.
(Facsimile signature)
City Clerk
[Opinion of Bond Counsel]
Item 17, figure 2 -- [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identification No. the within
Bond and does hereby irrevocably constitute and appoint attorney
in fact to transfer the said Bond on the books kept for registration of the within
Bond, with full power of substitution in the premises.
Dated
(Person(s) executing this Assignment sign(s) here)
SIGNATURE )
GUARANTEED)
IMPORTANT -- READ CAREFULLY
The signature(s~ to this Power must correspond with the name(s~ as written
upon the face of the certificate(s~ or bond(s} in every particular without alteration
or enlargement or any change whatever. Signature guarantee should be made by
a member or member organization of the New York Stock Exchange, members of
other Exchanges having signatures on file with transfer agents or by a commer-
cial bank or trust company.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual* Corporation
Partnership Trust
*If the bond is to be registered in the names of multiple individual owners, the
names of all such owners and one address and social security number must be
provided.
The following abbreviations, when used in the inscription on the face of this
bond, shall be construed as though written out in full according to applicable
laws or regulations:
TEN COM -as tenants in common
TEN ENT -as tenants by the entireties
JT TEN -as joint tenants with right of survivorship and not as
UNIF GIFT MIN ACT -. .............. Custodian ...............
(Cust) (Minor)
under Uniform Gifts to Minors
Act. ..................................
(State)
244
Special Sessio~. June 18, 1984
Section 11. Right to Name
Substitute Paying Agent or Registrar.
Issuer reserves the right to name
substitute, successor Registrar or Pay-
ing Agent upon giving 60 days' writ-
ten notice to each registered bond-
holder.
Section 12. Contract Between Issuer
and Purchaser. This Resolution con-
stitutos a contract between said City
and the purchaser of the bonds.
Section 13. Non. Arbitrage
Covenants. The Issuer reasonably ex-
pects and covenants that no use will be
made of the pmceeds from the issuance
and sale of the Bonds issued hereunder
which will cause any vi the Bonds to be
classified as arbitrage Bonds within
the meaning of Section 103(c) (2) of the
Internal Revenue Code of the United
States, and that throughout the term
of said Bonds it will comply with the
requirements of said statute and
regulations issued thereunder.
To the best knowledge and bellef of
the Issuer, there are no facts or cir-
cumstances that would materially
change the foregoing statements or the
conclusion that it is not expected that
the proceeds of the Bonds will be used
in a manner that would cause the
Bonds to be arbitrage Bonds. The
Treasurer is hereby directed to deliver
a certificate at issuance of the Bonds
to certify as to the reasonable expectc~
tion of the Issuer at that date.
The Issuer covenants that it will
treat as restricted yield investments
any funds in the Sinking Fund for pay-
meat of the Bonds in excess of l3/12the
of the annual principal and interest re-
quirements of the then current year.
"Restricted yield investments" are
funds or investments which the Issuer
covenants not to invest at a yield
materially higher than the yield on the
bonds as defined in the regulations
issued under authority of Section
103(c) of the Internal Revenue Code of
the United States.
The Issuer covenants that it will ex.
teed any investment yield restriction
provided in this resolution only in the
event that it shall first obtain an opi-
nion of recognized bond counsel that
the proposed investment action will
not cause the bonds to be classed as ar-
bitrage bonds under Section 103(c) of [
the Internal Revenue Code or regula-
tions issued thereunder.
The Issuer covenants that it will pro-
ceed with due diligence to spend the
~roceede of the bonds for the purpose
set forth in this resolution.
Section 14. Severability Clause. If
any section, paragraph, clause or pro.
vision of this Resolution be held in.
valia~ such invalidity shall not affect
any of the remaining provisions hereof,
and this Resolution shall become effec-
ice immediately upon its passage and
approval
Section 15. Repeal of Conflicting
Resolutions or Ordinances. That all or-
dinances and resolutions and parts of
ordinances and resolutions in conflict
herewith are hereby repealed.
Passed, approved and adopted this
18th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens.
Discussion followed. No vote taken on
the motion.
Council Member Kronfeldt moved to
table the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Council Members Beurskens,
Deich, Kronfeldt, Manning.
Nays--Mayor Brady, Council Mem-
bers Hammel, Kluesner.
Council Member Beurskens moved
to reconsider the previous motion.
Seconded by Council Member Klues-
ncr. Carried by the following vote:
Yeas--Mayor Brad:t, Council
Members Beurskens, Hammel, Kluec-
net, Manning.
Nays--Council Members Deich,
Kronfeldt.
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kiuesner, Manning.
Nays--Council Member Kronfeldt.
Communication of City Manager
Special Session, June 18,1984
245
submitting Resolution providing for
adoption of Supplement No. 21 to the
City code, 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 Beurskens, Deich, Hamme]
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 186-84
Adopting Supplement No. 21 to the
Code of Ordinances of the City of
Dubuque, Iowa
WHEREAS, under date of
November 16, 1981 the City Council,
pursuant to Ordinance 63-81
readopted the Code of Ordinances of
the City of Dubuque for ordinances
adopted up to and including March 10,
1981; and
WHEREAS, since March 10, 1981
the City Council of the City of Dubu-
que, Iowa, has adopted certain or-
dinances amending the Code of Or-
dinances and said amendments haw
been printed as supplements to the
Code of Ordinances; and
WHEREAS, Section 380.0 of the
Code of Iowa provides that sup-
plements, by resolution, become part
of the Code of Ordinances.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Supplement No. 21 to
the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Dubuque, Iowa, up to and through
March 19, 1984 printed by the
Municipal Code Corporation,
Tallahassee, Florida, hereto filed in the
office of the City Clerk of the City of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Iowa.
Passed, approved and adopted this
18th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of tho Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Bourskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Recessed at 10:33 P.M.
Council Reconvened at 10:40 P.M.
An ORDINANCE Amending the
Code of Ordinances by enacting a new
Section 7-46 in lieu thereof providing
for the confinement of animals (sub-
mitred by the Mayor), presented and
read.
Council Member Manning moved
that the reading just had be con-
sidered tho first reading of the Or-
dinance. Seconded by Council Member
Kluesner. Carried by tho following
vote:
Yeas--Mayor Brady, Council Mem-
bets Deich, Klueaner, Manning.
Nays--Council Members Beurskens,
Hammel, Kronfeldt.
Communication of Corporation
Counsel Binm submitting two Or-
dinances regarding the prohibit-
lng/regulating dangerous and vicious
animals, and Ordinance(s) amending
the Code of Ordinances by enacting
Article III of Chapter 7 comprised of
Sections 7-75 through 7-85 thereof pro-
viding for defining dangerous and
vicious animals and the keeping,
seizure, impoundment and disposition
of such animals, presented and read.
Council Member Deich moved that
the second Ordinance be tabled until
the meeting of July 2nd. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Mr. Richard Smoker spoke to the
above matter.
Communication of City Manager
Special Session, June 18,1984
menmmending the traffic control at
the intersection of Andrew Ct. and
Boyec St. be changed from a stop sign
for westbound vehicles only, to a stop
s~gn for BOTH westbound and east-
bound veMclea, presented and read,
Council Member Klueaner moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow*
ing vote:
yens--Mayor Brady, Council Mem-
bers Benrakens, Deich, Hammel,
Klucsncr, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 19-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY AD-
'DING A NEW SUBSECTION TO
SECTION 25-210ib) TO PROVIDE
THAT THE ANDREW COURT AND
BOYEB STREET INTERSECTION
BE DESIGNAT~.D A "STOP" IN-
TERSECTION FOR EASTBOUND
AND WESTBOUND TRAFFIC:
THAT SECTION 25-210(b) BE
AMENDED BY DELETING
THEREFROM THE ANDREW
COURT AND BOYER STREET IN-
TERSECTION AS A DESIGNATED
"STOP" INTERSECTION FOR
WESTBOUND VEHICLES, present-
ed and read.
Council Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Deich. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel
Klunsner, Kronfeldt, Manning.
Nays--None.
Council Member Klueener moved
that the nde requiring an Ordinance to
be presented and read at two meeti~4~s
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Delch. Carried by
the following vote:
yeas--Mayor Brady, Council Mem-
hers Benrskens, Deich, Hammel,
Klueener, Kronfeldt, Mann/ng.
Nays--None.
ORDINANCE NO. 19-84
OFFICIAL PUBLICATION
ORDINANCE NO. 19-84
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY ADDING A NEW SUBSECTION
TO SECTION 25-210(b) TO PRO-
VIDE THAT THE ANDREW
COURT AND BOYER STREET
INTERSECTION BE DESIG-
NATED A "STOP" INTERSEC-
TION FOR EASTBOUND AND
WESTBOUND TRAFFIC; THAT
SECTION 25-210(b) BE AMENDED
BY DELETING THEREFROM THE
ANDREW COURT AND BOYER
STREET INTERSECTION AS A
DESIGNATED "STOP" INTERSEC-
TION FOR WESTBOUND VEHI-
CLES.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by adding a new subsec-
tion to Section 25-210(b) to read as
follows:
"Section 25-210. STOP INTERSEC-
TIONS.
(b) Those intersections designated
are hereby declared to be "Stop Inter-
sections" for all purpos~ of this sec-
tion. Vehicles bound in the direction
indicated must stop before entering the
des/gnated intersection.
EASTBOUND AND WESTBOUND
Andrew Court and Boyer Street."
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by deleting a portion of
Section (b) of Section 25-210 as fol-
lows:
"Section 25-210 STOP INTERSEC-
TIONS.
(b) Those intersections designated
are hereby declared to be "Stop Inter-
sections" for all purposes of this sec-
tion. Vehicle~ bound in the direction
indicated must stop before entering the
designated intersection.
WESTBOUND
Andrew Court and Boyer Street."
Section 3. That all Ordinances in
conflict with this Ordinance be and
they are hereby repealed.
par~ed, approved and adopted this
18th day of June, 1984. James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Special Session, June 18,1984
247
Pubti~hed officially in the Telegraph
Herald newspaper this 25th day of
June, 1984. Mary A. Davis .
City Clerk
Council Member Kluesner moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Eeurekons, Deich, Hamme]
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Planning am
Zoning Commission recommending
proval of final plat of Subdivision of
Block 3 of Cedar Cross Industrial Park
located northeast of Cedar Cros~
Court, presented and read.
Council Member Bearekens moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carded by the
following vote:
Yeas--Mayor Brady, Council Mom-
bers Beurskens, Doich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 187-84
A Resolution Approving the Plat of
the Subdivision of Block Three of
Cedar Cross Industrial Park in the Ci-
ty of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the Sub-
division of Block Three of Cedar Cross
Industrial Park in the City of Dubu-
que, Iowa; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council, and the
City Council finds that the same con-
forms to statutes and ordinances
misting thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat of the Sub.
division of Block Three of Cedar Cros~
Industrial Park in the City of Dubu-
que, Iowa be and the same is hereby
approved, and the Mayor and City
Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said plat.
Passed, approved and adopted this
18th day of June, 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-
bets Beurskens, Dnich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
BOARDS AND COMMISSIONS:
Fire and Police Retirement Systems
Board of Trustees - One 4-Year term to
Expire 3-31-88 (Term of H. Melchior).
Applicants: Fred J. Pape and Cad J.
Winter.
Council Member Benrskens voted
for Pape, Mayor Brady voted for
Winter, Council Member Deich voted
for Pape, Council Member Hammel
voted for Pape, Council Member
Khiesner voted for Pape, Council
Member Kronfdidt voted for Pape,
Council Member Manning voted for
Pape.
Therefore, Fred J. Pape appointed to
the Fire & Police Retirement Systems
Board of Trustees for a four year term
which will expire 3-31-88.
RESOLUTION NO. 188-84
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.
Astgen's Foods Ltd.
1109 Rbemberg Ave.
James E. Bauer
2126 Central Ave.
William J. Benin
500 Rhomberg Ave.
James J. Birkett
55 Locust St.
Gary and Linda Eof felt
2501 Rhomberg Ave.
248
Special Session June 18,1984
Century Plaza Restaurant, Inc.
815 Century Dr.
Earl G. Corbett
408 West Locust St.
Crane Enterprises, Inc.
253 Main St.
Cue Master Limited
841 Central Ave.
Design Center, Inc.
200 Main St.
Nelda L. Dory
1091 Main St.
Dubuque Golf and Country Club
1800 Randall Pl.
William F. Dunne
54 Locust St.
Fischer Bowling Lanes
880 Locust St.
Fischer & Co. Office Grill
7 B Fischer Bldg.
John Fitzpatrick & William F. Dully
Plaza 20 2600 Dodge
Fitzgerald's Bar X Ltd.
2616 Windsor Ave.
Gary Fransen Executor
1100 Lincoln Ave.
Grsndview Drug
486 Iq. Grandview Ave.
709 University Ave.
Hiatt and Sckroeder Tap, Inc.
2401 Windsor Ave.
David H. Hoffman
450 West Locust St.
Holiday Oil Dist., Inc.
1685 J. F. K.
Holiday Oil Dist., Inc.
14th & Central Ave.
Holiday Oil Dist., Inc.
605 Dodge St.
Holiday Oil Dist., Inc.
400 Rhomberg Ave.
Iowa Oil Co., IOCO Speede Shoppe
3200 Central Ave.
Iowa Oil Co., IOCO Speeds Shoppe
1998 Jackson St.
Iowa Oil Co., IOCO Spsode Shoppe
2335 University Ave.
Iowa Oil Co., 1OCO Speede Shoppe
1481 Dodge St.
Iowa Oil Company Iowa Gas
1387 Dodge St.
James J. Klaner
1646 Asbury Rd.
Wilfred J. Kennedy
3453 Jackson St.
Elizabeth KraJnovich
342 West 8th St.
Kevin Kruser
Pennsylvania & J, F. K.
Gall Latenser
1602 Central Ave,
Kenneth Jerome Love
~02 Central Ave.
Mescher & Teack Grocery
1233 Rbomberg Ave.
Catherine Meyer
530 E. 22nd St.
Mike Finnin Ford Inc.
3600 Dodge St.
William J. Murphy
139 Locust St.
John W. Noonan
1618 Central Ave.
Tammy A. Edens & Pamela L.
Knourek Olde German Bank
342 Main St.
Palmer Drug Co.
2600 Dodge St.
R & S Enterprises, Inc.
485 Central Ave.
Robert Spiegel and John Richman
1080 University Ave.
Wayne P. Scbollmeyer
176 LOcust .St.
Melvin A. Spiegelhnlter
1029~ Main St.
Vendors Unlimited
Sunnycrsst Manor
2375 Roosevelt
Vendors Unlimited
University of Dubuque Student Union
2050 University Ave.
Vendors Unlimited
Loras College Beckman Hail
1450 Alta Vista
Vendors Unlimited
Loras College Keane Hall
1450 Alta Vista
Vendors Unlimited
Loras College Snack Bar
1450 Alta Vista
Theisen's Inc.
2900 Dodge St'.
Jon Atkinson & Jerry Rob'rosen
The Brewery
2327 Central Ave.
Steve Ankeny
555 Kennedy Mall
American Legion Dubuque Post 6
1306 Della St.
Paul E. Anthony
1185 Dodge St.
Special Session, June 18, 1984
249
Delael Bauer
351 Dodge St.
David Beater
1400 White St.
Judy A. Besler & Clara Johnson
385 East 13th St.
Detsford - Olinger, Inc.
1027 Rhomberg Ave.
Mike Bower
1064 University Ave.
Carol Burcbette & Phyllis Danne
1400 Central Ave.
Clarke College
1550 Clarke Drive
Do II Bit N Spur
1895 J. F. Kennedy
Douglas Fink
2119 Rbomberg Ave.
Marco Giunta
2022 Central Ave.
Howard Johnson Co. Ground Round
50 J.F. Kennedy Rd.
William Hancock
2205 Carter Rd.
Holiday Inn, Inc.
1111 Dodge St.
James Kurbevas, Inc.
665 Dodge St.
Robert J. Kehl The Barge
2nd St. Harbor
Tamie Kanlaker
Highway 20 West
Jeannine Kersch
1555 Central Ave.
Ken Kruser & Stanley Robey Jr.
1401 Elm St.
Dorothy Mangeno Aragon Tap
1103 Iowa St.
Milton Marty
5th and Locust St.
Dennis Meyer
Bunker Hill Road
Midway Motor Lodge
3100 Dodge St.
Noreen Miliman
601 Rhomberg Ave.
Moracco Supper Club, Inc.
1413 Rockdale Rd.
New Harbor Development Cra*p, Inc.
Dubuque Marina
1933 Inc.
225 West 6th St.
Perkins, Inc.
3500 Dodge St.
Ponderosa Systems, Inc.
2035 Kennedy Rd.
Randail's Fandarama #1
3500 Dodge St.
Randali'e Foodarama #2
2013 Central Ave.
Red Apple Restaurant
2260 Kennedy Road
Dolores Rneth
600 Central Ave.
Thomas Sehrobligen
1121 University Ave.
Town Clock Inn,
Town Clock Pl~za
Patrick Lomboedi Schuster
1630 E. 16th St.
Francis J. Shanahan
2480 University Ave.
Steve Smith Gomer's Bar
1105 University Ave.
Steve Smith Pickle Barrel Subs
1585 Delhi St.
Target Store #86
Warren Plaza
Trausch Baking Co,
25 Main St.
Jerry Turner
925 Century Drive
Maylo Turner
2417 Rhnmberg Ave.
United Auto Workers Local//94
3450 Central Ave.
Village Inn
1940 J. F. Kennedy Rd.
Yen Clang
926 Main St.
Zayre Snack Bar
255 J. F. Kennedy Rd.
Passed, approved and adopted this
18th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Counail Member Beurskene moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskene, Deich, Hammel,
Klnesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 189-84
WHEREAS, Applicants for Beer
Permits have been submitted and liled
250 Special Session, June 18, 1984
to this Council for approv~ and tbe { City of Dubuque, Iowa, that the
same have been examined and approv- Manager be authorized to cause to be
issued to the following named ap-
ed; and
WHEREAS, The premises to be oc-
capied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bends;
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
Catharian M. Meyer 530 Rant 22nd St.
CLASS "C" BEER pERMIT
Dennis Althaan 25 Ruby St.
(Alee Sunday Sales)
John George Miller, Sr.
Riverview park
(Also Sunday Sales)
Passed, approved and adopted this
18th day of June, 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, Daich,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 190-84
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc~
cuplad by such applicants were re-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bends;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Counc~il of the
pllcants a Liquor License.
CLASS "A" (CLUB}
BEER AND LIQUOR LICENSE
Loyal Order o! Moose,
Dubuque Lodge No. 355 1200 Main St.
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Heron, Inc. 709 University
Joter Incorporated 31-55 Locust St.
(Also Sunday Sales)
Wilfred Kennedy 34th & Jackson
~ 342 West 8th St.
Tammy A. Edens &
Pamela L. Knourek 342 Main St.
Kenneth Jerome Love
802 Central Ave.
(Also Sunday Sales)
Eugene Arthur Orting
1689 Elm St.
Dolores S. Roeth 600 Central Ave.
Jolm L. Savary 827 Dodge St.
Wayne Paul Schollmeyer
176 Locust St.
(Also Sunday Sales)
Melvin A. Splegelhaiter
1029~A Main St.
James E. Bauer 431 Rhomberg
(Also Sunday Sales)
Passed, approved and adopted this
18th day of June, 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 Mere*
bers Beurskens, Daich, Hammai,
Kluesner, Krqnfeldt Manning.
Nays--None.
Printed Council Proceedings for
months of January, February and
March, 1984, presented for approval.
Council Member Deich moved that
the proceedings be approved as
printed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
Special Seaaior
bets Bsurekens, Daich, Hammel,
Kluesuer, Kronfaidt, Manning.
Nays--None.
MINUTES SUBMITTED: Airport
Commission of 5/24 & 5/29; Cable Com-
munity Teleprograroming Comm. of
5/15; Cable Regulatory Comm. of 5/22;
Barge Fleeting Comm. of 5/I7; Civil
Service Comm. of 5/9; Dock Bd. of
5/29; Five Flags Comm. of 5/21;
Historic Preservation Comm. of 5/8 &
5/22; Public Library Bd. of 5115,
presented and read.
Council Member Delah 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, I~eich, Hammel,
Kluesner, Kronfoldt, Manning.
Nays--None.
NOTICES OF CLAIMS AND SUITS:
Mildred C. & Ignatius W. Kircher vs.
City & Blackacre Properties for per-
sonal injuries; Thomas R. Steffon in
unknown amt. for property damages;
Arthur Tigges in amount of 535.05 for
tire and rim damages; Twin Sisters
Subdivision in amt. of $3,204.65 for
backed-up sewer damages; Joan Wallla
in unknown amt. for personal injuries,
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
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammai
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Corporation
Counsel recommending denials of
following claims: personal injury claim
of Mr. & Mrs. Spencer Smith, Proper-
ty damage claim of Eugene Smith, per-
sonal injury claim of Tiaa Butlett
presented and read.
Council Member Deich moved that
the communications be received and
filed and denials approved. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mere-
June 18,1984 251
bers Beurskens, Deich, Hammel,
Klaesner, Kronfeldt, Manning.
Nays--None.
Communication of Ronald J. Muelisr
requesting assistance with various
problems on property located at the
end of Roosevelt right off of Peru
Read, presented and read.
Council Member Deich moved that
the communication be referred to the
City Manager. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Bsurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Civil Aeronautics
Bd. submitting Order on Essential Air
Service Determination, presented and
Council Member Deich moved that
the communication be received and ill-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfaidt, Manning.
Nays--None.
Communication of Mrs. Anneva
Kieffer requesting to be kept informed
of any changes regarding lease with
Mr. Bob Kehl and Robert's River
R/des, presented and read.
Council Member Delah moved that
the communication be received and ill-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammai,
Kluesuer, Kronfeldt, Manning.
Nays--None.
Proof of publication of List of
Claims and receipts for month of
April, 1984 and City Manager submit-
ting reports of the Finance Director
and City Treasurer for month of May,
1984, presented and read.
Council Member Deich moved that
the proof of publication and reports be
received and filed. Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote:
252
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De(ch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Acting City
Manager submitting status report on
several referrals made to the City
Manager's Office over the past several
months, presented and read.
Council Member De(ch moved that
the communication be received and fil-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bets Beurskens, De(ch, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
Copy of communication sent to Mr.
Al Polaean regarding answers to his
questions at meeting of May 21, 1984,
presented and read.
Council Member De(ch moved that
the communication be received and fil-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, De(ch, Hammal
Kluesner, Kronfeldt, Manning.
Nays--None.
Petition of Thomas O'Neill re-
questing to purchase Lot 6 of
McGrath Subdivision, presented and
read.
Council Member De(ch moved that
the petition be referred to the City
Manager for investigation and report.
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, De(ch, Hammel
Kluesner, Kronfaldt, Manning.
Nays--None.
Copy of communication sent to Dr.
Wayne Moldenauer regarding chang'
lag of access in downtown area
presented and read.
Council Member De(ch moved that
the communication be received and ill-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mom~
bets Beurskens, Delch, Hammel,
Special Session June 18, 1984
Kluesner, Kronfeldt, Manning.
Nays--None.
Mr. Neil Kelly requested that
something be done about newspaper
littering problem in Elm Street area.
There being no further business
Council Member Kluesner moved to
adjourn. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De(ch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Mary A. Davis
City Clerk
Approved_ _1984
Adopted _1984
Mayor
Council Members
ATTEST:
City Clerk
Special Session, June 25,1984
253
CITY COUNCIL
OFFICIAL
Special Session, June 25, 1984.
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, De(ch, Kluesner
Kronfeldt, Manning, City Manager W.
Kenneth Gearhart, Corporation
Counsel William G. Blum.
Absent--Council Member Hammel.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to conduct a public
hearing to consider an amendment of
the Urban Renewal Plan for the
Downtown Urban Renewal Project
R-15, and acting upon such other
business which may properly come
before the Council.
Council Member Beurskens moved
to suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Klueaner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De(ch, Kluesner
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Hammel.
Proof of publication, certified to by
the Publisher, on Notice of Pub(lc
Hearing providing for the amendment
of the Urban Renewal Plan for the
Downtown Urban Renewal Project,
Iowa R-15, presented and read.
There were no written objections
and no oral objectors present at the
time set for the Hearing.
Attorney Allan Carew, representing
Investment Counselor's Inc. re-
quested adoption of the Amendment.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kluesner. Carried by the fol-
lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De(ch, Kluesner
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Hammel.
Communication of Planning and
Zoning Commission approving amend-
ment to Urban Renewal Plan as pro-
posed, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Ycas--Mayor Brady, Council Mem-
bers Bearskens, De(ch, Klueaner,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Hammel.
RESOLUTION NO. 1914/4
A Resolution Amending the Urban
Renewal Plan for the Downtown Ur-
ban Renown( Project, Iowa R-15, to
Revise the Land Use Phm by Deleting
the Office and Service Area and Ad-
ding in Lieu Thereof A Civic, Conven-
tion and Hotel Area and By Deleting
the Additional Controls and Objee-
fives for Area I and Adding in Lieu
Thereof New Additional Controls nad
Objectives for Area 1.
WHEREAS, on May 18, 1967, the
City Council of the City of Dubuque,
Iowa, after public hearing, duly
adopted an Urban Renewal Plan for
tho Downtown Urban Renewal Area
Project, Iowa R-15 (herein called the
"Project"); and
WHEREAS, the City of Dubuque as
tho Local Pub(lc Agency, is carrying
out the Project in conformance with
the approved Urban Renewal Plan;
and
WHEREAS, it is proposed that the
City of Dubuque make certain amend-
ments to the Urban Renewal Plan to
accommodate the development of a
convention hotel within the Urban
Renewal Area; and
WHEREAS, the Planning and Zen-
ing Commission on June 20, 1984 con-
sidered proposed amendments to the
Urban Renewal Plan and determined
that said amendments conform to the
purposes of the Urban Renewal Plan
and the general plan for the develop-
meht of the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RE-
254 Special Sessioa. June 25, 1984
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQIJE,
IOWA:
Section 1. That the Urban Renewal
Plan for the Downtown Urban
Renewal Projec~ Iowa R-15, be amend-
ed as follows:
1. By deleting Land Use Plan Map,
Exhibit R-213-C1, and adding in lleu
thereof Land Use Plan Map, Exhibit
R-213-C1, Revision Number 1, here.
to attached and by this reference
made a part hereof.
2. By deleting the Office and Service
Area subsection of C.2.a. Permitted
Land Uses and adding in lieu there-
of the following:
"CIVIC, CONVENTION AND
HOTEL AREA
(1) Function: This area is intended to
function as a civic, convention en-
tertainment area related to the
Central Business district ICBD)
retail area and other downtown-
oriented activities.
(2) Permitted Uses: The following
uses shall be permitted.
(a) Retail Trade. All retail estab-
lishments permitted in the
CBD retail area shall also be
permitted in the civic, conven-
tlon and hotel area.
lb) Services. All services per-
mitred in the CBD retail area
shall also be permitted in the
civic, convention and hotel
area; and in addition, govern-
mental headquarters and ad-
ministratlve offices of govern-
mootal or other public agen-
ties, civic organizations, audi-
toriums, libraries, private
clubs and similar compatible
(c) Off-Street parking.
13) General Development Objectives:
The development of this area
shall:
--provide the focal point for
civic, convention, lodging and
entertainment activities in the
downtown area.
--provide for an attractive and
functional linkage from the
civerfront, hotel, entertain-.
ment and tourist activities
south of Fourth Street to the
Town Clock area to the north.
--provide for safe and con-
venient pedestrian interchange
between land use districts to
the north and south.
-- provide adequate screening of
ali on-site service and parking
facilities from pedestrian view.
(4) Floor Area Ratio:
A floor area of up to seven times
the development area shall be
permitted.
(5) Maximum Ground Coverage:
100 percent.
16) Signs:
Subject to the same development
and design objectives as the CBD
retail area.
17) Off-Street Parking:
Parking spaces shall be provided
as required in each request for de-
veinpment proposals, provided
that parking spaces shall not be
required for uses containing less
than 50,000 feet of gross floor
area. Those uses containing
50,000 feet of gross floor area
or more shall provide one parking
space for each 3,000 square feet
of gross floor area up to 50,000
square feet, For each additional
2,000 gross floor area in excess of
50,000 square feet one additional
parking space shall be provided.
(8) Off. Street Loading:
Off-street loading spaces shall be
provided as required in each re-
quest for development proposals,
provided that no less than one
off-street loading berth shall be
provided for each~ 100,000 square
feet of floor area. Consolidated
loading facilities serving eh-
tire blocks, or portions of
blocks, should be provided where~
ever applicable. Access to such
facilities should be provided from
a screened alley or court."
3. By deleting (1) Area 1 of C.2.b. Addi-
tional Controls a~d Objectives and ad-
div~ in lieu thereof the following:
"(1) Area 1
"(1)--Tbe primary objective for
this area is to provide a site or
sites for major new develop-
meat, which will visually and
physically define the south-
Speeial Session, June 25,1984
255
ern lim/ts of the retail core.
This area will also provide a
major activity area which will
llnk the vidtor and tourist
areas to the south with the of-
fica and retail core to the
north.
--A major new building or
building complex in this area
should serve as a skyline els-
raent by which pedestrians
and motorists approaching
the central area can orient
themselves.
--Main Street, between Fifth
and Fourth Streets, and the
alleys to the east and west of
Main Street may be vacated
to permit land assembly for
development and design pur-
poses.
-- The design of new buildings
should provide for display
windows, building entrances,
etc. necessary to achieve ac-
tire street frontage and shop-
per/visitor conveniences a-
long Main Street.
-- The development of air rights
over public pedestrianways
and vehicular access areas
may be permitted where it
can be demonstrated that the
resulting design and develop-
ment better achieves the ex-
press objectives of this Ur-
ban Renewal Plan."
Section 2. That the City Clerk of the
City of Dubuque, Iowa, be and she is
hereby authorized and directed to file a
certified copy of this Resolution in the
Office of the Dubuque County
Recorder.
Passed, approved and adopted this
25th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluosner: Carried
by the renewing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfuldt, Manning.
Nays--None.
Absent--Council Member Hammel.
Communication of City Manager re-
questing approval of resolution regar-
ding disposition of Urban Renewal
Site for development of Convention
Hotel, presented and read.
Council Member KIoosoer moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the fo]-
lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays--None.
Abcent--Councll Member Hammel.
RESOLUTION NO, 192-84
Resolution (1) Approving the
Minimum Requirements, Competitive
Criteria, Offering Documents and Pro-
cedurce for Disposition of Downtown
Urban Renewal Disposition Plnn
Parcel Number 4-2 and (2) Soliciting
Proposals to Purchase said Parcel for
Development of a Convention Hotel.
WHEREAS, the City of Dubuque,
Iowa, did on May 18, 1967, adopt an
Urban Renewal Plan for the
Downtown Dubuque Urban Renewal
Project, Iowa R-15 (the "Plan"); and
WHEREAS, such Plan has been
amended from time to time to permit
the City to respond to development op-
portunities as and when they may ap-
pear; and
WHEREAS, the City Council finds
that it is in the public interest to
dispose of Disposition Parcel Number
4,2 for development as a convention
hotel; and
WHEREAS, in order to establish
reasonably competitive bidding pro-
cedures for the disposition of the pro-
party in accordance with the statutory
requirements of Chapter 403, Code of
Iowa, 1981 and particularly Section
403.8, 'and to assure that the City ex-
tends a full and fair opportunity to ali
redevelopers interested in submitting
proposals, a summary of submission
requirements and minimum require-
ments and competitive criterii for the
property have been prepared and is at-
tached hereto as Exhibit A and by this
mlerunea is made a part ber~
sets out the minimum requirements
each ruposal must satisfy in order to
qualify for consideration wth respect
to the competitive criteria, the infor-
mation and documents which must be
submitted, and the schedule for sub-
mission and the selection procedures;
and
Special Session, June 25,1984
WHEREAS, the City Council
believes that it is in the best interest of
the City and the plan to act as ex-
peditinasly as possible to offer this
property for redevelopment as set
forth herein.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the following legally
described property known as Disposi-
tton Parcel Number 4-2 shall be offered
for disposition for r~development in ac-
cordance with the terms and condi-
tions contained in this Resolution, to
Block 14 in "DUBUQUE DOWN-
TOWN PLAZA", in the City of
Dubuque, Iowa, according to the
Plat thereof, recorded as Instru-
ment No. 6305-73, Records of
Dubuque County, Iowa.
Section 2. That the disposition pr/ce
of the property shall be the amount of
$193,123.00 outright purchase of the
property, which pr/ce is its fair value
as established previously by Council
Resolution No. 33-78, provided
however, that said disposition price
will be subject to revision upon accep-
tance and approval of a more curr~nt
appmleal of the property's fair value
for use in accordance with the Urban
Renewal Plan
Sectinn 3. That it is hereby determin~
ed that in order to qualify for con-
sideratlon for selection, each developer
must submit a proposal which meets
these minimum requirements:
a. Is in the amount of the "fixed
sales price";
b. Provides for development of a
convention hotel of at least one
hundred seventy-five (175~
rooms, a ballroom with capaci-
ty for at least three to four
hundred ~300-400) persons, a
minimum of six (61 meeting
rooms;
Provides for on-site parking of
at least one and oue.quartor
11.25) parking spaces per hotel
room plus not less than one
hundred tl00t additional
spaces; and
Provides for loading and
unloading spaces for auto-
mobiles and service vehicles
Provides for a skywalk connec-
tion to the Five Flags Civic
Center in alignment with the
mezzanine level of the Prome-
nade area;
Provides for the development
of active, pedestrian oriented,
office and service uses with
display windows, building en-
trances, lobbies, etc. necessary
to achieve active street frun-
tege and shopper/visitor conve.
niences along Main Street frou-
tage;
Includes a construction
schedule which meets the
following: construction shall
commence within one hundred
eighty 1180) days of con-
veyance and shall be completed
within eighteen 1181 months of
the date of conveyance;
Provides a market study
demonstrating the feasibility
of the particular redevelopment
proposal. This narrative must
include an analysis which
demonstrates that the type,
price end configuration of
rooms and commercial space
proposed Will be rented within
a reasonable period of time.
The narrative must also iden-
tify the particular project
amenities or design features
which wilt enhance market-
ability.
Includes demonstrative evi-
dence of the financial capacity
of the redeveloper to timely
commence and complete the
proposed project;
Sets out the experience of the
principals, key staff and con-
saltante of the redeveloper in
carrying out projects of a scale
and character similar to that
proposed; and
Special Session, June 25,1984
257
k. If tax increment financing is
proposed, the redeveloper must
submit a statement of intent to
enter an agreement with the
City of Dubuque fixing a
minimum assessment for the
development for that period of
time necessary for taxes paid
on the property to equal the
debt service for the Urban
Renewal Tax Increment Bonds.
Section 4. That it is hereby determin-
ed that each proposal submitted which
satisfies the minimum requirements,
as determined by the City Council
shall be reviewed on the basis of the
strength of such proposal as judged by
the following competitive criter/~.
a. Quality of the proposed devel-
opment:
(1) The hard costs and total
cost of the project by
square foot, excluding
land value.
12) The types of materials
shown for construction
of the interior and exter-
ior of the structure.
(3) Overall project ameni-
ties.
b. Architectural design of the prc-
posed development:
(1) The compatibility of the
design with the existing
adjacent structures, vis-
tas, pedestrian and vehi-
cuisr activities and with
the future development
of adjacent blocks.
(2) The functional design of
the site and functional
design of the structure,
including the resolution
of the relationships be-
tween pedestrians and
vehicles within the de-
velopment and in con-
junction with adjacent
structures and streets.
(31 The aesthetic quality of
the development.
(4) The type, size, and ar-
rangements of facades
along each street front-
age.
c. Economic feasibility of pro-
posed project:
(1) The feasibility of the
proposed development
based on its responsive-
ness to identified market
needs and the extent and
the nature of the nmr-
keting effort proposed.
(2) The economic return to
the community provided
by tho proposed develop-
ment, including the
texes generated, number
of jobs provided, and the
encouragement of siraJisr
and related development
in the downtown area.
(3) The ability of the pro-
spective developer to fi-
nance and complete the
project as proposed.
Section 5. That the official notice of
this offering shall be a true copy of this
Resolution, but without the at-
tachments referred to herei~
Section 6. That the City Clerk is
author/zed and directed to secure ira-
mediate publication of said official
notice in the Telegraph Herald, a
newspaper having a general circule~
tion in the community, by publication
of the text of this Resolution on or
before the 26th day of June, 1984.
Section 7. That written proposals for
the purchase of the property for
development of a convention hote~
parking and supporting uses will be
received at the Office of the City Clerk,
City Hal~ 13th Street and Central
Avenue, Dubuque, Iowa 52001 at or
before 10:00 A.M., July 26, 1984. Each
proposal will then be publicly opened
at the hour oflO:OO A.M. in the Council
Chambers, City Hal~ Dubuque, Iowa
on July 26, 1984. Said proposals will
then be presented to the City Council
at Z'30 P.M. on July 26, 1984, at a
public meeting to be held in the Coun-
cil Chambers, City Hal~ Dubuque,
Ioww
Section 8. That all proposals shall be
in substantial compliance with the pro*
visions of Section 403.8, Code of Iowa,
1981, requiring "reasonable com-
petitive bidding procedures" as same
are herein prescribed which method is
hereby determined to be the ap-
propriate method for making the pro-
perty available for dispositio~
Section 9. That the required
documents for the submission ofa pro-
posal shall be in substantial conferral-
ty with the provisions of this Resolu-
258
Special Session0 June 25, 1984
ties and shall include those forms and
documents listed in the Information
and Instructions for Submission of
Proposals (Exhibit A).
Section 10, That a meeting to clarify
submission procedures, to respond to
developer questions, and to provide
assistance in the formulation of pro.
posals shall be held at 10:00 A.M., July
~ 1984, in the Office oftheDirseWro
the Department of Community
Developmen~ Dubuque, Iowa 52001.
Any other inquiries must be made in
writing prior to July 13, 1984 and will
l~ responded to in writing.
Section 11. That the City Clerk is
hereby nominated and appointed as
the agent of the City of Dubuque, Iowa
to receive proposals at the date and ac-
cording to the procedure herein above
specified for receipt of such proposals
and to proceed at such time to formally
acknowledge receipt of each of such
proposals by noting the receipt of same
in the minutes of the Council That the
City Manager be and is hereby
authorized and directed to make
preliminary analysis of each such pm-
posal for compliance with the
minimum requirements established by
this Council herein above. For each
proposal which satisfies these re.
quirements, the Council shell judge the
strength of the proposal by the eom-
petitive criteria established hereir~
Council shall then make the final
evaluation and selection of the pro.
posals.
Passed, approved and adopted this
2§th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klueener moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kinesner,
Kronfoldt, Manning.
Nays--None.
Absent--Council Member Hammai.
Council Member Kluesner moved, to
remove the Walke~-Oneida Sanitary
Sewer Project from the table. Second-
ed by Council Member Kcanfeldt. Car-
ried by the following vote:
yens--Mayor Brady, Council Mem.
bers Beurekens, Deich, Kinesanr,
Kranfeldt, Manning.
Nays--None.
Absent--Council Member Hammel.
Proof of publication, certified to by
the Publisher, on Notice of Pendency
of Resolution of N~ceeeity for public
improvement and public bearing on
sroposed plans and specifications, etc.
for construction of Walker-Oneida
Sanitary Sewer;
Proof of publication, certified to by
the Publisher, on Notice to property
owners advising of public hearing to
be held for above project; and Cer-
tificate of City Clerk cer tilyin~ notices
were sent to known property owners
adviai~4: of public hearing for above,
presented and read,
Eugene Bauer, Scott Potter and
Gene Bird objected to the assessment
of the project as presented.
Council Member Benrekens moved
that the proofs of publication and the
Clerk's certificate be received and fil-
ed. Seconded by Council Member
Klueaner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Benrskans, Deich, Kinnsner,
Kroninldt, Manning.
Nays--None.
Absent--Council Member Hammel.
Council Member Kronfeldt moved to
amend the Project to eliminate certain
lots or portions thereof {Lote 617, 618,
619, 620, 621, 625, 626, 627, 628) from
the Sanitary Sewer Project located on
Inwoed South of Walker St. Seconded
by Council Member Manning, Carried
by the following vote:*
Yens--Mayer Brady, Council Mem-
bets Benrskans, Deich, Kinennar,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Hammel.
Necessity for Improvement
RESOLUTION NO. 154-84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of
Special Session, June 25,1984
259
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 proposed to be assessed
against each lot and valuation of ench
lot as fixed by the City Council, for tbe
walker-Oneida Sanitary Sewer,
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless property
owners at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk objec-
rises to the resolutions of necessity,
they shall bo deemed to have waived
ail 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 Coun-
cil and are now on file with the City
Clerk, That the cost and expense of
making said improvement will be
assessed partially or totally against
privately owned property lying within
the assessment limits, and in an
amount not to exceed that provided by
law, and in proportion to the special
benefits conferred,
The portion of the cost which shall
be borne by the City will be paid from
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 the 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 ~e for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Record of Final Adoption
The foregoing resolution was final
passed and adopted, as amended, by
the City Council this 25th day of June,
1984.
James E. Brady
Mayor
Certificate of Clerk
It is hereby certified that at the time
set for the final consideration of 'tha
above resolution no remonstrance had
been fried with the Clerk signed by
owners subject to seventy*five percent
or more of the amount of the proposed
Mary A. Davis
City Clerk
Council Member Benrekens moved
adoption of the Resolution, as amend-
ed. Seconded by Council Member
Klueaner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Benrskens, Deich, Klueaner,
Kronfoldt, Manning.
Nays--None.
Absent--Council Member Hammai.
Decision of Council Upon Objections
to Plans, Specifications, Form of Con-
tract and Cost of Improvements
RESOLUTION NO. 195-84
WHEREAS, proposed plans and
specifications and form of contract for
the Walker-Oneida Sanitary Sewer
have been approved by the City Coun-
cil of the City of Dubuque and public
notice given as provided by the Cede
of Iowa pertaining to public contracts
and bonds, and the time and place fix-
ed for the hearing of ali objections to
said plans, specifications or contract
for or cost of such improvements, said
time being this 18th day of June, 1984;
and tabled to meeting of June 25,
1984.
WHEREAS, the City Council met in
special session this 18th and 25th day
of June, 1984, at 7:30 p.m. at the
Public Library Auditorium and the
City Hall Council Chambers for the
purpose of henring ali interested par-
ties and considering any and all objse-
rises which have been filed to the pro-
posed plans, specifications or contract
for or cost of the improvement herdn
described and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
b~n duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and flied
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
each plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, approved and adopted this
25th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Bearskens moved
adoption of the Resolution. Seconded
by Council Member Kluesnsr. Carried
by the following vote:
Ycas--Mayur Brady, Council Mem-
bors Beurskens, Deich, Khieaner,
Kronfeldt, Manning.
Nays--None.
Aheent--Councli Member Hammel.
(Ordering Construction)
RESOLUTION NO. 194-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a resolution of
necessity No. 134-84 which was duly
passed by this Councli for the Walker-
Oneida Sanitary Sewer be and the
same are hereby ordered and con-
structed by this Council upon its own
motion and with or without the ps. ti-
tion of property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on file in
Special Se~sioe, June 25,1984
the office of the City Clerk,
BE IT FURTHER RESOLVED
that the cost and expense of making
said improvement will be assessed par-
tialiy or totally against privately own.
ed property lying within the assess-
ment limits, and in an amount not to
exceed that provided by law, and in
proportion to special benefits confer-
red. The portion of the cost which shall
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 the contractor.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall be not less than four nor
more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
on the 6th day of July, 1984. Bids shall
be opened and read by the City Clerk
at said time and will be submitted to
the Councli for final action at a
meeting to be held at the Public
Library Auditorium at 7:30 p,m. on
the 16th day of July, 1984.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
sben be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
25th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kinesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kinesner,
Kronfeldt, Manning.
Nays--None.
Special Session, June 25, 1984
261
Absent--Council Member Hammel.
Communication of City Manager
recommending approval for release of
UDAG Funds for the Dubuque His-
toric Improvement Company "Red-
stone" Rehabilitation Project, pr~
sented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Ycas--Mayar Brady, Council Mem-
bors Beurskens, Deich, Kluesner
Krenfeldt, Manning.
Nays--None.
Absent--Council Member Hanunel.
RESOLUTION NO. 195-84
A Resolution Authorizing Submiasinn
of a Request for a Release of Funds for
the Dubuque Historic Improvement
Company "Redstone" Rehabilitation
Project (UDAG)
WHEREAS, the City of Dubuque,
Iowa in conformance with the En-
vironmentai Review Procedures for
the Urban Development Action Grant
Program convened an Ad Hoc Com-
mittee on April 9, 1984 which com-
pleted an environmental assessment of
the following identified project to be
funded by an Urban Development Ac-
tion Grant:
Dubuque Historic Improvement
Company "Redetons"
Rehabilitation Project
WHEREAS, pursuant to Resolution
NO, 92-84, adopted April 16, 1984,
public notice of a "Finding of No
Significant Effect on the Environ-
ment" for the above project was
published April 20, 1984 in the Dubu-
que Telegraph Herald, a newspaper of
general circulation and provided for a
public comment period until 12:00
Noon on Friday, April 30, 1984; and
WHEREAS, public notice of a "Fin-
ding of No Signillcant Effect on the
Environment" for the project was sent
by regular mail to various federal,
state and local public agencies and to
local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
each a public notice; and
WHEREAS, any and ail objections,
if any, to such proposal has been duly
considered; and
WHEREAS, it is the intent of the
City Councli to authorize the submis-
sion of a request to the U.S. Depart-
ment of Housing and Urban Develop-
ment for the release of funds to carry
out the above-identified project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Environmental
Review Record for the project shall
continue to remain on file in the Office
of the City Clerk where said record
may be examined and copied by any in.
ter~sted party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
merit of Housing and Urban Develop-
m~nt, a request for release of funds in
the amount of $125,000.00 to undertake
the said project.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible federal official under the
National Environmental Protection
Ac~ insofar as the provisions of the
said Act apply to the U.S. Department
of Housing and Urban Development
responsibilities for review, decision-
making, and action assumed and ca~
~ied out by the City of Dubuque as to
environmental issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque to accept the jurisdiction of
the Federal Courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making and actio~
Section 5. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the eh-
vironmentdi review procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed
to publish a public no tice for a Request
for Release of Funds in the form of Ex.
hibit A, attached hereto and made a
part thereof
262
Passed, approved and adopted this
25th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfaldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskeus, Deich, Klucener,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Hammel.
Communication of City Manager
questing release of Community
Development Block Grant Funds for
the Dubuque Historic Improvement
Company "Redsteue" Rehabilitation
Project, presented and read.
Council Member Beurskens moved
that the ceuunuhication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Kinesner
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Hammel.
RESOLUTION NO. 196-84
A Resolution Authorizing Submission
of a Request for a Release of Funds for
Dubuque Historic Improvement Com-
pany "Redstone" Rehabilitation Pro-
ject (CDBG)
WHEREAS, tho City of Dubuque,
Iowa in conformance with the En-
vironmeutal Review Procedures for
the Urban Development Action Grant
Program convened an Ad Hoc Com-
mlttee on April 9, 1984 which com-
pleted an environmental assessment of
the following identified project to be
funded by a Community Development
Block Grant:
Dubuque Historic Improvement
Company "Redstone"
Rehabilitation Project
WHEREAS, pursuant to Resolution
No. 92-84, adopted April 16, 1984,
public notice of a "Finding of No Sig-
Special Sessioe. June 25, 1984
nilicant Effect on the Environment"
for the above project was published
April 20, 1984 in the Dubuque
Telegraph Herald, a newspaper of
general circulation and provided for a
)ubllc comment period until 12:00
Noon on Friday, April 30, 1984; and
WHEREAS, public notice of a "Fin-
ding of No Significant Effect on the
Environment" for the project was sent
by regular mail to various federal,
state and local public agencies and to
local news media, individuals and
groups known to bo interested and
believed to be appropriate to receive
such a public notice; and
WHEREAS, any and ali objections,
if any, to such proposal has been duly
considered; and
WHEREAS, it is the intent of the
City Council to authorize the submis-
sion of a request to the U,S. Depart-
ment of Housing and Urban Develop-
ment for the release of funds to carry
out tho above-ideutilied project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the l~nvironmentul
Review Record for the project shall
continue w r~main on file in the Office
of the City Clerk where said record
may be examined and copied by any in~
terested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
men~ a request for release of fande in
the amount of $35,000 to undertake the
project.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible federal official under the
National Environmental Protection
Acg insofar as the provisions of the
said Act apply to the U.S. Department
of Housing and Urban Development
responsibilities for review, decision-
making, and action assumed and car,
tied out by the City of Dubuque as to
Section 4. That the Mayor of the City
Special ~esion, June 25, 1984
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque to accept the jurisdiction of
the Federal Courts if an action is
brought to enforce responsibilities in
relation to environmental reviews
decision-making and actio~
Section 5. That the Mayor ofthe City
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the
vironmental review procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed
to publish a public notice for a Request
far Release of Funds in the form of Ex.
hibit A, attoched hereto and made a
part thereof.
Passed, approved and adopted this
25th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Bcurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dsich, Kluesner,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member HammeL
Communication of City Manager
submitting Ordinance providing for
rate increase for Basic Cable Televi-
sion Services and Communication of
Paul R. Sutton expressing opposition
to Cable Ordinance mandating a fee in-
crease to Group W Cable, presented
and read.
Council Member Beurskens moved
that the communications be received
and filed. Seconded by Council
Member Kluesnor. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
hers Bcurskens, Kluecuer, Kronfeldt,
Manning.
Nays--Council Member Dsich.
Absent--Council Member Hammel.
Jim Weber, General Mgr. of Group
W Cable, requested final adoption of
the Ordinance.
An ORDINANCE Amending the
Code of Ordinances by enacting new
subsections (a), (b), (c), (d), (e), (t), (g), (h)
and (i) of Section 36-188 in lieu thereof
providing for the monthly subscriber
rates and charges for Cable Television
Basic Services, presented and read.
Council Member Beurskena moved
that the reading just had he con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Kluesner, Kronfeldt,
Manning.
Nays--Ceuncil Member Deich.
Absent--Council Member Hammel.
An ORDINANCE Amending the
Code of Ordinances by enacting a new
Section 7-46 in lieu thereof providing
for the confinement of animals, said
Ordinance presented and read at the
Council Meeting of June 18, 1984,
)resented for further action.
Dr. Merrill Vanderieo stated that
confinement of the animals at a
veterinarians is not necessary if pro-
perky vaccinated.
Council Member Manning moved
that the Ordinance be tabled. Second.
ed by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Dalch, Kluesner,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member HammeL
RESOLUTION NO. 197-84
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the fofiowln~ 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.
ARA Services
A Y McDonald Co.
4800 Chavenelle Rd.
ARA Services
William C. Brown Co.
2460 Kerper Blvd.
264
Special Session June 25,1964
ARA Services
FDL Foods
701 E. 16th St.
ARA Services
Flexteel Industries
5200 Jackson St.
Dodge House Corp.
701 Dodge St.
Greg R. Hm~vood
5198 Central Ave.
Mary Leu Kamp
400 Central Ave.
Mike McCann
690 West Locust St.
TFM Co.
Oky Doky//6
1250 lows St.
TFM Co.
Oky Doky ~9
51 West 32nd St.
Heinz Convenience Stores, Inc.
Oky Doky F7
3301 Pennsylvania
Will-Co. Inc.
Oky Doky #10
805 W. 5th St.
James E. Bauer
4~1 Rhomberg Ave.
Tri-State Independent Blind Society
1098 Jackson St.
Beverly Larsen
30~0 Asbary Rd.
Donna M. Ginter
1701 Asbary Rd.
A~gelina A. Bertolini
1298 Main St.
Robert Spiegelhalter
2364 Washington St.
Robert R. Gross
1700 Central Ave.
Benevolent & Protective Order of Elks
2699 Kennedy Rd.
Bonanza Family Restaurant
3350 Dodge St.
John Hall
31 Locust St.
Judy O'Connell
504 Central Ave.
Capital Tobacco Corp.
175 West 32nd St.
Sears-Roebuck Co.
300 S. Locust St.
Fraternal Order of Eagles #568
1175 Century Dr.
Kenneth F. Barhen
Donut Hut #1
1675 Kennedy Rd.
Kenneth F. Beehen
Donut Hut #2
2~0 Central Ave.
Kenneth F. Bechen
Donut Hut//3
607 E. 22nd St.
Passed, approved and adopted this
25th day of June, 1994.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Khiesner,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Hammei.
RESOLUTION NO. 198-84
WHEREAS, Applications for Li-
quor Licenses have been submitted to
his Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
SPECIAL CLASS "C"
BEER -- WINE LICENSE
Gary L. Germaln 340 West 5th St.
Passed, approved and adopted this
25th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
Special Session, June 25,1984
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Hammel.
MINUTES SUBMITTED: Airport
Comm. of 6-12; Park & Recreation
Comm, of 6-12, presented and read,
Council Member Kluesner moved
that the minutes be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Klueener,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Hammel.
Communication of City Manager
submitting EDA Project No.
05-01-01974 Audit (Dubuque In-
dustrial Center), presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Bearskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Kluesner,
Kronfaldt~ Manning.
Nays--None.
Absent--Council Member Hammel.
Mr. Robert Schmidt, Chairperson of
the Airport Comm. spoke of Airport
leases and concerns.
There being no further business,
Council Member Klueener moved to
adjourn. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeld~, Manning.
Nays--None.
Absent--Council Member Hammel.
Mary A. Davis
City Clerk
Approved 1984
Adopted 1984
Mayor
Councfl Members
ATTEST:
City Clerk
265
Special Session June 29, 1984
CITY COUNCIL
OFFICIAL
Special Session, June 29, 1984.
Council Met at 5:15 o'clock p.m., in
the City Hall Council Chambers.
Preocnt--Mayar Brady, Council
Members Beurskens, Hammel,
Kluesner, Manning, City Manager W.
Kenneth Gearhart.
Absent At Roll Call--Council
Member Deich.
Absent--Council Member Kron-
feldt.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to consider documents
pertaining to the downtown develop-
ment project and acting upon such
other business which may properly
come before the Council.
Communication of City Manager sub-
mitting two resolutions regarding
downtown development and re-
questing adoption, presented and
read.
5:25 P.M. COUNCIL MEMBER
DEICH ENTERED THE CHAM-
BERS.
Council Member Kfuesner 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,
Klueener, Manning.
Nays--None.
Absent--Council Member
Kronfeldt.
RESOLUTION NO. 199-84
A Resolution Authorizing the Filing of
an Application for a $250,000 Loan
Prom the Iowa Community Develop-
ment Loan Program for the Down-
town Redevelopment Project
WHEREAS, the City of Dubuque is
entitled to participate in the Iowa
Development Loan Program as defin-
ed in Division VIII of Senate File 548,
Acts of the 70th General Assembly;
and
WHEREAS, the City of Dubuque is
interested in providing for the creation
of new jobs and in the continued
development of the ecanomic base of
the City; and
WHEREAS, the City of Dubuque is
eligible to apply for funding in the
amount of $250,000.00; and
WHEREAS, the City of Dubuque
has available and will match funds prc-
vided through the Iowa Community
Development Loan Program with local
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
.CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the filing of an ap-
plication for participation in the Iowa
Community Development Loan Pro-
gram for the Dubuque Downtown
Development Project is hereby approv-
ec~ and the Mayor is hereby authorized
and directed to execute the necessary
documentation on behalf of the City of
Dubuque.
Section 2, That the City Manager is
hereby authorized and directed to sub-
mit in the required number of copies
the executed applicaffon to the State of
Iowa Office for Planning and Program.
ming and other appropriate agencies
together with such other documents as
may be required.
Passed, Approved and Adopted this
29th day of Ju~ne, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 200-84
A Resolution Authorizing the Loan of
Special Session, June 29,1984
267
Community Development Block Grant
Funds in an Amount Not to Exceed
$380,000 to Dubuque In-Future, Inc.
WHEREAS, Dubuque In-Future,
Inc. was established as a non-profit
Iowa corporation in July, 1980, to
render service to the City Council of
the City of Dubuque on matters of
community interest, in particular to
sponsor projects directed to serving
the needs of low and moderate income
citizens, to the improvement of
employment conditions and to the
general betterment of the community;
and
WHEREAS, Dubuque In-Future
Inc,, in the course of carrying out its
responsibilities, now desires to acquire
certain under-utilized properties in the
Dubuque downtown area for redevel-
opment in accordance with City objec-
tives; and
WHEREAS, Dubuque In-Future
Inc. has requested that the City of
Dubuque lend to Dubuque In-Futuro
Inc. funds in an amount not to exceed
$380,000 to aid in the fulfillment of its
objectives; and
WHEREAS, a loan agreement and
promissory note establishing the
specific terms and security for the re-
quested loan are to be executed and
presented by Dubuque In-Future, Inc.
for acceptance by the City.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council of
the City of Dubuque, Iowa hereby
finds and determines that a public pu~
pose will be served by the loan of Com.
inanity Development Block Grant
funds to Dubuque In-Futura, Inc.
Section 2. That the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to endorse on submis.
sion by Dubuque In-Future, Inc., the
acceptance of the City of Dubuque
upon the loan agreement and the pro-
missory note providing for a loan not
to exceed $380,000 to Dubuque In-
Future, Inc. according to the terms
specified in the documents.
Section 3. That the City Manager be
and he is hereby authorized to disburse
funds according to the loan agreement
from the Community Development
Block Grant funds.
Passed, approved and adopted this
29th day of June, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Petition of City Manager requesting
approval for notification to Economic
Development Assn. (EDAI and Office
of Planning & Programming (OPP)
that the 4th Street EDA Project is no
longer a viable project and requesting
reallocation of funds, presented and
read.
Council Member Beurskens moved
that the petition be approved and City
Manager authorized to notify, Second-
ed by Council Member Manning. Car-
rled by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Dubuque Invitational Softball Tour-
nament requesting transfer of their
Class "B" Beer Permit from Veteran's
Park to McAleece Fields, from June 30
to July 8, 1984, presented and read.
Council Member Beurskens moved
to approve the transfer. Seconded by
Council Member Kluesner. Carried by
the fonowing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
268
Special Session, June 29, 1984
There being no further business,
Council Member Beurskens moved to
adjourn. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
foldt.
Mary A. Davis
City Clerk
By: Karen M. Chestermun
Deputy City Clerk
Approved. __1984
Adopted __1984
Mayor
Council Members
ATTEST:
City Clerk
Re~uhr Session, July 2, 1984
269
CITY COUNCIL
OFFICIAL
Regular Session, July 2, 1984.
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers,
Present--Mayor Brady, Council
Members Beurskena, Deich, Hammel,
Kluesner, Kronfeldt, Manning, City
Manager W. Kenneth Gearhart, Cor-
peration Counsel William G. Binm.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
Regular Monthly Meeting of the City
Council called for the purpose to act
upon such business which may proper-
ly come before the Council.
Invocation was given by Paul
Gabrielson, Ex. Director of Bethany
Home.
PROCLAMATIONS: July 8 thru 14
as "Elderhostel Week" received by
Jim Nelson of Clarke College.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Man~ing.
Nays--Nona.
Proof of pubHeation, certified to by
the PubHsber, on Notice of Pendency
of Resolution of Necessity for public
improvements and public hearing
upon proposed plans and specs., form
of contract and cost of improvement
for construction of Chaplain Schraitt
Memorial Island Park & Recreation
Complex backstop, dugout and in-
terlur fencing, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kronfeldt., Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None.
(Necessity For Improvement)
RESOLUTION NO. 159-84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on ~e in the of-
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
reent, and an estimate of the cost for
the Chaplain Schmitt Memorial Island
Park and Recreation Complex;
Backstop, Dugout, and Interior Fenc-
ing.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
vieabla and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
)ersons at the time of the final con-
sideratinn of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifiea-
tions, contract or estimated cost of the
unprovement, they shah 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-
c/1 and are now on file with the City
Clerk. That the cost and expense of
making such improvement will be paid
from through the CIP levy, private
funds and a grant from the Iowa Con-
eervatinn Commission and the U.S.
Department of the Interior.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 4th day of
June, 1984.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Record of Final Adoption
The foregoing resolution was finally
)assed and adopted, as proposed by
the City Council this 2nd day of July,
1984J