Loading...
1984 August Council Proceedings324 Special Session, July 30, 1984 Regular Session, August 6, 1984 CITY COUNCIL OFFICIAL Regular Session, August 6, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers, Present--Mayor Brady, Council Members Beurskens, Deich, Hanunel, Klusener, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Coun* scl William G. Blum. Absent--Council Member Manning. Mayor Brady read the call and steted that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the pur- pose to act upon such business which may properly come before the Council, PROCLAMATION: Week of August 7 · to 12 as "Dubuque County Fair Week" received by 4-H King Pat Vaaseen and 4-H Queen Anne Khpea. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfel'dt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klusener, Kronfeldt. Nays--None. Absent--Council Member Manning. Proof of publication, certified to by the Publisher on Notice of Public Hearing on Resolution of Necessity for construction of Peru Road - Kennedy Court Sanitary Sewer, presented and read. Dennis Rath requested option to not hooking up the sewer, making it not mandatory. Dale Link, 771 Kennedy Ct. stressed that septic tanks in that area are work- lng good and cost to hook up sewer is great. Tom Manternach questioned whether properties can be improved without hooking on to sewer. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: 325 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kiusener, Krunfeldt. Nays--None. Absent--Council Member Manning. Certificate of City Clerk stating notices were sent by Certified Mail to known property owners, regarding the Public Hearing on said Project on July 19, 1984, presented and read. Council Member Delch moved that the certificate be received and filed. Seconded by Council Member Beur- skens, Curried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kiuesner, Krunfeldt. Nays--None. Absent--Cunncli Member Manning. Petition of Dale Link objecting to the sewer improvement for the Peru Read - Kennedy Court sewer and Peti- tion of Carl W. Miller et al (8 signers) residents of Peru Read and/or Ken- nedy Court requesting sewer be placed this year of 1984, presented and read. Council Member Delch moved that the petitions be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Nays--None. Absent--Council Member Manning. (Necessity For Improvement) RESOLUTION NO. 204-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the Peru Road - Kennedy Court Sanitary Sewer. BE IT THEREFORE RESOLVED that the City Council deems it advis- 326 able and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived 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- cfi 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 shah be borne by the City will be paid from the Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of defer- red payments of assessments when a contract has been performed and ac- cepted, and the proceeds thereof used to pay the contractor. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 2nd day of Ju- ly, 1984. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Record of Final Adoption The foregoing resolution was finally passed and adopted, as proposed by the City Council this 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved final adoption of the Resolution. Seconded Regular Session, August 6, 1984 by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beucekens, Deich, Hammel, Riuesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 258-84 WHEREAS, proposed plans and specifications and form of contract for the Peru Road - Kennedy Court Sanitary Sewer have been approved by the City Council of the City of Dubu- que and public notice given as provid- ed 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, specifica- tlons or contract for or cost of such provements, said time being this 6th day of August, 1984; and WHEREAS, the City Council met in regular session this 6th day of August, 1984, at 7:30 p.m. at the City Council Chambers for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the ira- ~rovement herein described and pro- ~osed 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 hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resohition containing the decision of this City Council upon all objections which have been filed to the plans, specifications and form of cost Regular Session, August 6, 1984 327 said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Daich, Hammel, Riuesner, Kronfeldt. Nays--None. Absent--Council Member Manning. (Ordering Constructtonl RESOLUTION NO. 259-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 204-84 which was duly passed by this Council for the Peru Road - Kennedy Court Sanitary Sewer ha and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accord- ance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of making said improvement will be assessed par- tially or totally against privately own- ed property lying within the assess- ment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits con- letted. The portion of the cost which shall be borne by the City will be paid from 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 hi 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 14th day of August, 1984. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a meeting to be held at the Public Library Auditorium at 7:30 p.m. on the 20th day of August, 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 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Bourskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Dolch, Hammel, Kluesner, Kronfoldt. Nays--None. Absent--Council Member Manning. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Resolution of Necessity for replacement of residential water meters (5/8" size) project, presented and read. There were no written objections received. Al Polsean, 3515 Crescent Ridge, questioned various specifics of this project. Council Member Kluesner moved that the proof of publication be recaiv- ed and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Klues- ner, Kronfeldt. 328 Regular Session, August 6, 1984 Nays--Council Member Deich. Absent--Council Member Manning. (Necessity For Improvement) RESOLUTION NO. 226-84 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Replacement of Residential Water Meters {5/8" Size). BE IT THEREFORE RESOLVED that the City Council deems it ed- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- eideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifice- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk, That the cost and expense of making such improvement will be paid from the Water Construction Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 16th day of Ju- ly, 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 passed and adopted, as proposed by the City Council this 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved final adoption of the Resolution. Seconded by Council Member Beurs- kens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Hammal, Kluesner, Kronfeldt. Nays--Council Member Deich. Abeent--Councfl Member Manning. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 260-84 WHEREAS, proposed plans and specifications and form of contract for the Replacement of Residential Water Meters (5/8" Size) have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertain- lng to public contracts and bonds, and the time and place fixed for the hear- ing of ali objections to said plans, specifications or contract for or cost of such improvements, said time being this 6th day of August, 1984; and WHEREAS, the City Council met in regular session this 6th day of August, 1984, at 7:30 p.m. at the City Hall Council Chambers for the purpose of hearing ail interested parties and con- sidering any and ail objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, ail interested parties have been given an opportunity to be heard and ail 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 hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Regular Session, August 6, 1984 329 BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon all objections wMch 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 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Klucener moved adoption of the Resolution, Seconded by Council Member Beurskans. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Council Member Deich. Absent--Council Member Manning. (Ordering Canstruction) RESOLUTION NO. 261-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 226-84 which was duly passed by this Council for the Replace- ment of Residential Water Meters (5/8" Size) be and the same are hereby ordered and constructed by this Coun- cji upon its own motion and with or without the petition of property owners. Ail the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from Water Con- structlon Fund, 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 tMs 6th day of August, 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, Hammal, Kluesner, Kronfeldt. Nays--Council Member Deich. Abeent--Council Member Manning. Proof of publication, certified to by the Publisher, on Notice to Bidders for the above Project AND Communica- tion of City Manager recommending to award bid for above to Rockwell Inter- national, presented and read. Council Member Kluesner moved that the proof of publication and com- munication be received and filed. Seconded by Council Member Beurs- kens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfaldt. Nays--Canncfl Member Deich. Absent--Canncfl Member Manning. (Awarding Contract) RESOLUTION NO. 262-84 WHEREAS, sealed proposals have been submitted by contractors for the Beeidentini Water Meter Exchange Program pursuant to Resolution No. 261-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on July 19, 1984. WHEREAS, said sealed proposals were opened and read on July 30, 1984 and it has been determined that the bid of Rockwell International of Pitts- burgh, Pennsylvania in the amount of $390,000 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and speeificatlons. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above mentioned im- provement be awarded to Rockwell In- ternationni and the Manager be and is hereby directed to execute a contract 330 Regular Session, August 6, 1984 on behalf of the City of Dubuque for the complete performance 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 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Hammel, Khies- ner, Kronfeldt. Nays--Council Member Dalch. Absent--Council Member Manning. Communication of City Manager submitting public bidding procedures for the grading and drainage facilities for the Northwest Arterial from Penn. Ave. to Asbury Road. presented and read. Council Member Hammel 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, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. (Necessity for Improvement) RESOLUTION NO. 263-84 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. fice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Northwest Arterial Grading and Drainage Contract, from Pennsylvania Avenue to Asbury Road. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sidaration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica, tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- dl and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from General Obligation Bonds, and Federal Aid to Urban Systems Funds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 6th day of August, 1984. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved ap- proval of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. ~Preliminary Approval of Plans, Etc.) RESOLUTION NO. 264-84 BE IT RESOLVED BY THE City ~ouncil of the City of Dubuque, Iowa, that the proposed plans, specs, etc. and all other documents for the NORTHWEST ARTERIAL GRAD- ING AND DRAINAGE CONTRACT, FROM PENNSYLVANIA AVE. TO ASBURY ROAD, with the estimated cost of the improvement to be $1,015,519.12, are hereby approved and ordered filed in the Office of the City Clerk for public inspection and Regular Session, August 6, 1984 331 are to be considered part of this Resolution. Passed, approved and adopted this 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hannnal moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. (Fixing Date of Hearing and Author- izing Advertisement for Proposals) RESOLUTION NO. 265-84 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- lice of the City Clerk for public inspec- tion for the Northwest Arterial Grading and Drainage Contract, from Pennsylvania Avenue to Asbury Read, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spectinn. NOW, THEREFORE, BE IT RESOLVED that on the 17th day of September, 1984, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time in- terested persons may appear and be heard for or against the proposed plans and specifications, form of con- tract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circula- tion in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless interested persons at the time of the final consideration of the )reposed Resolution of Necessity have filed objections with the City Clerk, they shall be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby lirected 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 31st day of August, 1984. Bids will be submitted to the Council for final action at a meeting to be held at the Public Library Auditorium at 7:30 p.m. on the 17th day of September, 1984. Passed, approved and adopted this 6th day of August, 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, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Dave Simon, Chairperson of the Human Rights Commission, submit- ted a report of the Commission as re- quested during the Budget Work Ses- sion, presented and read. Council Member Beurskens moved ,hat the report be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammal, Kluesner, Kronfaldt. Nays--None. Absent--Council Member Manning. Petition of Jolm W. Moore re- questing to address the Council re- garding land contract basis for proper- 332 Regular Session, August 6,1984 located on Hill Street, presented and read. Council Member Deich moved that the petition be received and filed and nmtter referred to the Staff. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Petition of Richard J. Kramar et al (10 signers) regarding situation sur- rounding Sergeant Pepper's located on Kaufmann Ave., presented and read. Council Member Dcich moved that the petition be received and filed, Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskans, Deich, Hammel Kluesner, Kronfeldt. Nays--None. Absant--Cnancil Member Manning. Petition of Mr. and Mrs. Sam Bechen requesting Council to establish a closing time of 9:00 p.m. for the Splash Down Water Slide located at 4100 Pennsylvania Ave., presented and read, Council Member Kranfaldt moved that the petition be referred to the Legal Staff and the City Manager. Seconded by Council Member Beur- skans. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Dalch, Hamme] Klueener, Kronfeldt. Nays--None. Absent--Council Member Manning. Communication of City Manager re- questing authorization to execute Ar- chitectural~Engineering and construe- tion Management Agreements with the Durrant Group, Inc., presented and read. Council Member Banrskans moved that the communication be received and filed, Seconded by Council Mem- ber Kronfcidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskans, Dalch, Hamme] Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. A RESOLUTION Approving con- tracts for Architoctural/Engineerlng Agreement with the Durrant Group, Inc. for a fee of $395,000 for the design of the Dubuque Dog Racing Facility and a Construction Management Agreement with the Durrant Group, Inc. for an amount not to exceed $206,000 and authorizing the City Manager to execute the Agreements, presented and read. Council Member Beurskens moved to table the question of the Construc- tion Management Agreement to Wednesday, August 8. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskans, Deich, Hammel, (xonfeldt. Nays--Canncfl Member Kluesner. Absent--Council Member Manning. RESOLUTION NO. 266-84 Approving Contracts for ArehRec- tural/Engineering Services for the Dubuque Dog Racing Facility WHEREAS, Chaplain Schmitt Memorial Island has been selected as the site for the Dubuque dog racing facility; and WHEREAS, application for a li- cense for the dog racing facility was made to the Iowa State Racing Com- mission on June 1, 1984; and WHEREAS, the Iowa State Raci~: Commission issued a license to the Dubuque Racing Association on July 25, 1984; and WHEREAS, voters of Dubuque on April 24, 1984, favorably favored the issuance of $6.5 million to General Obligation Bonds for funding of the facility; and WHEREAS, the City Council at its regular meeting on June 4, 1984, can- curred in the selection of the Darrant Group, Inc. as the prime architec- tucal/engineerlng firm and Shire Hat- tery Engineers of Dubuque, Iowa and Regular Session, August 6, 1984 333 Bird, Fujimoto and Fish of San Diego, California as associates to the Durrant Group; and WHEREAS, a contract has been negotiated with the Durrant Group, Inc. for both the architectural/en- gineering services and construction management services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the architec- rural/engineering agreement with the Durrant Group, Inc. for a fee of $395,000 for the design of the Dubuque dog racing facility be accepted and ap- proved, Section 2. That the City Manager be authorized to execute the agreements with the Durrant Group, Inc. for pro- viding architectural/engineering se~ vices for the Dubuque dog racing facility. Passed, approved and adopted this 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kranfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskans, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Communication of City Manager submitting Ordinance recommending placement of directional signs for Mcr- cy Health Center, at their two major driveway entrances on Mazzuchelli Street, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Dcich. Carried by the follow- /rig vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 22-84 AN ORDINANCE AUTHORIZING MERCY HEALTH CENTER TO CONSTRUCT TWO DIRECTIONAL SIGNS, presented and read. Council Member Hammci moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hammci, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Council Member Hammci moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 22-84 AN ORDINANCE AUTHORIZING MERCY HEALTH CENTER TO CONSTRUCT 2 DIRECTIONAL SIGNS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section l. That Mercy Health Cen- ter as owners of the premises known as Mercy Health Center - St. Joseph's Unit, Dubuque, Iowa, and legally described as Lot 2 of Lot 1 of Lbt 5 of Mineral Lot 72 and Lot 2 of Lot 2 of Lot 1 of Lot 732 be and they are hereby granted the revocable permit and authority to construct and main- tain directional signs under the terms and conditions set forth in this Ordi- Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws 334 Regular Session, August 6, 1984 and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on pem~ittees' agreement to: a) Assume any and all liability for damages to persotm or property winch may result from the existence, loca- tion, installation, construction or main- tenance of said signs; b) Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shah become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the loca- tion, installation, existence, construc- tion or maintenance of said signs sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behaff of said City any claim against the City of Dubuque arising out of the location, installation, existence, con- struction or maintenance of signs and to pay reosonable attorney fees there- fore; and c) Indem~fify and hold the City of Dubuque free and harmless from any and ail claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which tion with the location, installation constraction, maintenance and repair of the facility, work or improvement perrnitted herein. Section 4. That the permission herein granted is expressly conditioned that should the right and privilege herein granted be rescinded or revoked by the City Council, permlttees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said signs and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said signs at per- mittees' expense and dispose of the same, and the permittee shah have no claim against the City or its agents for damages resulting from the removal of said signs. Section 5, That pennittees conven- ant and agree that the revocable per- mit herein granted does not constitute an approval of the design, erection, location, construction, or repair or maintsnance of said facility and said permittees hereby convenant and agree not to assert such claim or defense against the City of Dubuque in the event of clahn asserted for death, per- sonal injuries and/or property damage against the permittees arising out of or m any way connected with the loca: tion, installation, construction, design, repair and maintenance of the facil- ity herein permitted. Section 6. This Ordinance shall become effective and the rights here- under accrue to Mercy Health Center when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permit- tees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and he is authorized and directed to file at permittees' expense a copy of this Ordinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 22-84 The undersigned having read and being familiar with the terms and con- dltions of Ordinance No. 22-84 hereby, for themselves, their successors or asslgus, as owners of the abutting prop- erty, accept the same and agree to be bound by the conditions and agree- ments therein contained to be per- formed by pennittees. Dated July 2, 1984 By:/s/Sister Helen Huewe O.S.F. V-President Published officially in the Telegraph Herald newspaper this 13th day of August, 1984. Mary A. Davis City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klueener, Kronfeldt. Nays--None. Absent--Council Member Manning. Communication of Planning and Zoning Commission approving final plat of Subd. of Lot 1 of Cathedral Regular Session, August 6, 1984 335 St. Mary's St. and Emmett Street, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Elueener, Kronfeldt. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 267-84 ~eeeiotinn Approving the Final Plat of the Subdivision of Lot I of C~thedral Center in th& City of Dubu- que, Iowa. WHEREAS, there is on file with the City Clerk a final plat of the subdivi- s~on of Lot i of Cathedral Center in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zoning Commission and they found that the same conforms to the statutes and ordinances relating thereto, ex- copt that Lot 1-1 does not contain suf- llcient off-street parking spaces and Lot 3-1 is not a buildable lot in itself; and WHEREAS, said final plat has been approved by the City Planning and Zoning Commission on the condition that 23 parking spaces be provided to Lot 1-1 of Cathedral Center from Lot 2-1 of Cathedral Center and/or City Lot 605 and/or City Lot 606, and Lot 3-1 of Cathedral Center only be developable in conjunction with a larger developable lot; and WHEREAS, said final plat has been examined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- curs in the conditions of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby ap- proved and the Mayor and Clerk be and are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat provided that the owner of said property shall ex- ecute a written acceptance hereto aP tached, acknowledging and agreeing: a) Twenty-three parking spaces be provided to LOt 1-1 of Cathedral Center from LOt 2-1 and/or of Cathedral Center City Lot 605 and/or City Lot 606; b) Lot 3-1 of Cathedral Center only be developable in conjunction with a larger developable lot. Section 2. That the event the owner f~ils to execute the Acceptance provid- ed for in Section i herein within forty- five (45) days after the date of this R~solution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, approved and adopted this 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Communication of Planning and Zoning Commission approving final plat of Council Hills Subdivision, located north of Fremont and south of Parkland Hill Drive and recommen- ding approval of changing the name of Parkland Hill Drive to Council Hill Drive, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Beur- Absent--Council Member Manning. 336 Regular Session, August 6, 1984 RESOLUTION NO. 268-84 A Resolution Approving the Final Plat of "Council Hills Subdivision" in the City of Dubuque, Iowa and proving the Vacation Plat of the Five Feet Wide Public Utility Easements Between Lot $ and Lot 4 of Block 10 of "Knob Hill" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a final plat of Council Hills Subdivision in the City of Dubuque, Iowa; and WHEREAS, sald plat has been ex- amined by the Planning and Zoning Commission and bas this approval en- dorsed thereon; and WHEREAS, there has also been ill- ed with tho City Clerk a vacation plat of five feet wide public utility ease- ment between Lot 3 and Lot 4 of Block 10, "Knob Hill" in the City of Dubu- que, Iowa; and WHEREAS, said plats have been examined by the City Council and the City Council finds that the same con- forms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the vacation plat of the five feet wide public utility eas~- ment between Lot 3 and Lot 4 of Block 10 "Knob Hill"in the City of Dubuque, Iowa be in the same as hereby approv- ed and the Mayor and City Clerk ar~ hereby authorized and directed to eh- dorse the approval of the City of Dubu- qua, Iowa upon said pla~ Section 2. That the final plat of Council Hills Subdivision in the City of Dubuque, 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, lows upon said piat Passed, approved and adopted this 6th day of August, 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- bets Deich, Hammel, Kluesner, Kron- eldt. Nays--None. Abstain--Council Member Beurs- kens. Absent--Council Member Manning. An ORDINANCE Changing the name of Parkland Hill Drive to Council Hill Drive, presented and read. Council Member Hammel moved that the reading just had be con- sldered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kron- Feldt. Nays--None. Abstain--Council Member Beurs- kens. Absent--Council Member Manning. ORDINANCE NO. 24.84 AN ORDINANCE CHANGING THE qAME OF BREVEN DRIVE TO AR- BORETUM DRIVE, presented and read. Council Member Kronfeldt moved that the reading just had been con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Ktuesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- ried b~ the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 24-84 AN ORDINANCE CHANGING THE NAME OF BREVEN DRIVE TO ARBORETUM DRIVE. Regular Session, August 6, 1984 337 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the name of Breven Drive be and the same is hereby changed to Arboretum Drive. Section 2. That the City Clerk be and is hereby authorized and directed to record a certified copy of the Ordi- nance in the office of the County Recorder and County Auditor of Dubuque County, Iowa. Section 8. This Ordinance shah be in full force and effect from and after its final passage, adoption and publi- cation as by law provided. PASSED, APPROVED AND ADOPTED this 6th day of August, 1984. JAMES E. BRADY, MAYOR ATTEST: MARY A. DAVIS, CITY CLERK Published officially in the Telegraph Herald newspaper this 10th day of August, 1984. Mary A. Davis City Clerk Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. ORDINANCE NO. 25-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING ARTICLE III OF CHAPTER 7 COMPRISED OF SECTIONS 7-75 THRU 7-84 THEREOF PROVIDING FOR DEFINING DANGEROUS ANIMALS AND THE KEEPING, SEIZURE, IMPOUNDMENT AND DISPOSITION OF SUCH ANI- MALS, SAID ORDINANCE HAV- ING BEEN presented and read at the Council Meetings of July 2, 1984 and July 16, 1984, presented for final adop- tion. ORDINANCE NO. 25-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ENACTING ARTICLE III OF CHAPTER 7 COMPRISED OF SEC- TIONS 7-75 THROUGH 7-84 THEREOF PROVIDING FOR DEFINING DANGEROUS ANI- MALS AND THE KEEPING, SEI- ZURE, IMPOUNDMENT AND DISPOSITION OF SUCH ANI- MALS. WHEREAS, the presence of animals described as dangerous threaten the safety and pleasantness of streets, parks, sidewalks, yards, and all areas of the City; and WHEREAS, it is deemed to be essential and imperatlve to adopt regu- lations governing dangerous animals to protect the health, so. fety and welfare of the residents of the City of Dubuque. 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 mnended by enacting Article III of Chapter 7 comprised of Sections 7-75 through 7-84 thereof providing as follows: "ARTICLE III. DANGEROUS ANIMALS Sec. 7-75. Definitions. Unless other- wise expressly stated or the context clearly indicates a different intention, the following terms shall, for the pur- pose of this Article, have the meanings in this section. 1) Any animal which is not natu- rally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among, human beings or domestic animals and to do so; 2) Any animals declared to be dan- gerous by the Board of Health or the City Manager or his designee; or 3) The following animals which shall be deemed to be dangerous animals per se; A) Lions, tigers, jaguars, leopards, cougars, lynx and bobcats; B) Wolves, coyotes and foxes; C) Badgers, wolverines, weasels, skunks and mink; D) Racoons; E) Bears; F) Monkeys and chimpanzees; G) Alligators and crocodiles; H) Scorpions; I) Snakes that are venomous or con- J) Gila monsters; and K) Any cross breed of such animals which have similar characteristics of the animals specilied above 338 Regular Session, August 6, 1984 "Board of Health" means the Board of Health of the City of Dubuque, Iowa. *'City" means the City of Dubuque. "City Manager", "Chief of Police", "City Clerk", and "Health Services Officer", means those employees of the City of Dubuque duly appointed and holding those positions. "Health Services Division", means the Health Services Division of the City of Dubuque. Sec. 7-76. Dogs/Cats Exempted. The provisions of Article III shall not apply to domestic dogs or cats. Sec. 7-77. Keeping of Dangerous Animals Prohibited. No person shall keep, shelter, or harbor for any pur- pose within the City of Dubuque a dangerous animal except as provided in Sections 7-78, 7-79, and 7-82 of this Article. Sec. 7-78. Dangerous Animal Exceptions. The prohibition con- tained in Section 7-77 and the licensing provisions of Section 7-79 of this Code shall not apply to the keeping of dan- gerous anhnals in the following circum- stances: 1) The keeping of dangerous animah in a public zco, bonallde educational or medical institution, humane society, or museum where they are kept as live specimens for the public to view, or for the purpose of inalzuction, research or study. 2) The keeping of dangerous animals for exhibition to the pubhc by a bona- fide traveling circus, carnival, exhibit or show licensed to perform in the City. 3) The keeping of dangerous animals in a bonafide, licensed veterinary hos- pital for treatment. 4) The keeping of dangerous animals by a wildlife re~cue organization with appropriate permit from the Iowa Conservation Commission. 5) Any dangerous animals under the jurisdiction of and in the possession of the Iowa Conservation Commission pursuant to Chapter 109 and 109A of the Iowa Code. 6) The keeping and offering for sale of dangerous animals in a bonafide commerciM pet shop establishment licensed and inspected by the Iowa Department of Agticulture. Sec. 7-79. Licenses. (a) Animals determined to be dan- gerous animals under this Ordinance sbail be licensed. The license fee per year shall be Ten ($10.00) Dollars per (b) All licenses shall expire on July First of each year following issuance of said license and shall become delin. quent on September first of the year due. A penalty of F/ve ($5.00) Dollars shall be added to the required license fee for each delinquent license. (c) Upon acquiring a dangerous ani- mai, the owner shall obtain a license within seven (7) days after acquisition. Thereafter, a penalty of Five ($5.00) Dollars shail be added to the required license fee. (d) It shall be the duty of any per. son who sells, transfers or gives away a licensed dangerous animal to notify the City Clerk within forty-eight (48~ hours of such sale, transfer or gift with the name and address of the new owner and the date of sale, transfer or (e) A dangerous animal license is not transferable and the owners shall notify the City Clerk within forty-eight hours if the animal is moved to a loca- tion other than listed in the license application. Sec. 7-80. Office Designated. The City Clerk is designated as the official agent of the City for the pur- pose of issuing City dangerous animal Sec. 7-81. Application. (1) Every person, finn or corpora- tion owning, keeping, sheltering or har- bering a dangerous animal shall apply for a license in the office of the City Clerk on forms provided by the City Manager. The forms shall provide A) the species name of each animal; B) the number of such animals of each such species kept on the ~remises; C) a physical description of each such animal, including any pet name to which it might respond; D) the location of such animal or animals within the City, including the location of the cage or place of con- wherein said animal or animals are kept; and E) in the case of poisonous, danger- pus animals, the location for the nearest source of anti-venom for that (2) Every application shah be accom- partied by a certificate of insurance from an insurance company authorized to do business in the State of Iowa with coverage of at least $100,000 com- i bined single limit liability for bodily injury. Such certificate of insurance shall provide that no cancellation of (10) days written notice is first given the City Clerk. Regular Session, August 6, 1984 339 Sec. 7-82. Regulation of Keeping Dangerous Animals. 1) Every person, firm or corporation keeping, sheltering or harboring a dan- gerous animal shall at all times keep such animal s~curely confined within a cage or other enclosure approved by the Health Services Officer. 2) No person, firm or corporation owning, keeping, sheltering or harbor- hig a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right-af-way, or any business establishment licensed by the City of Dubuque, or the property of another except when such animal is being transported while caged or con- 3) It shall be the duty of the licensee to report to the City Clerk/Police Department when any dangerous ani- malls found missing. 4) No person shall keep or harbor a dangerous animal which ires demon- stratsd a propensity without provoca- fion to attack or bite. Sec. 7-83. General Prohibition and Duty. No person shall aid or cause any dangerous animal, whether owned by such person or not, to escape con- finement or impoundment, whether such eanfinement or impoundment be upon the such person's property or that of another by opening any gate, door or window or making any opening of any fence, enclosure or structure or by unleashing such animal. Sec. 7~4. Seizure, Impoundment and Disposition of Dangerous Ani- 1) In the event that a dangerous ani- mal ls found at large and unattended upon public property, park property, public right-of-way, or the property of someone other than its owner, thereby creating a hazard to p~rson or prop- erty, such animal may, in the discre- tion of the Health Services Officer or his ds/ignee, or the Chief of Police, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction. 2) Upon the complaint of any indi- vidual that a person is keeping, shel- tering, or harboring a dangerous animal on premises in the City in v/o- lation of Sections 7-77, 7-79, 7-82, 7-83 or who keeps a dangerous animal which has demonstrated a propensity to attack or bite without provocation, the Health Services Officer shall cause the matter to be investigated, and if after investigation, the facts indicate that the person named in the com- plaint is keeping, sheltering or harbor- ing a dangerous animal in the City, the Health Services Officer shall order the person named in the complaint to safely remove such animal from the City, permanently place the animal with an organization or group allowed under Section 7-78 of this Code to pos- sess dangerous anlmah, or destroy the animal, within three (3) days of the receipt of such order. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing to the person keep- lng, sheltering or harboring the danger- pus animal, and shall be served person- ally or by certified mail. Such order and notice to remove the dangerous animal shall not be required where such dangerous animal has previously caused serious physical harm or death to any person in which case the Health Services Officer shall cause the animal to be immediately seized and im- pounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to aay person. 3) The order to remove a dangerous animal issued by the Health Services Officer may be appealed to the Board of Health. In order to appeal such order, written notice of appeal must be filed with the City Clerk within three (3) days after receipt of the order conta/ned in the notice to remove the dangerous animal. Failure to file such written notice of appeal shall consti- tute a waiver of tight to appeal the order of the Health Sendces Officer. 4) The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Clerk. The hearing of such appeal shah be scheduled within seven (7) days of the receipt of notice of appeal. The hearing may be contin- ued for good cause. After such hearing, the Board of Health may affirm or reverse the order of the Health Services Officer. Such determination shall be contained in a written decision and shall be filed with the City Clerk within three (3) days after the hearing, or any continued session thereof. 5) If the Board of Health affirms the action of the Health Services Officer, the Board of Health shall order in its written decision that the individual or entity owning, sheltering, harboring, or keeping such dangerous animal, remove such animal from the City, perman- Regular Session, August 6, 1984 entiy place such animal with an orga- nization or group allowed under Section 7-78 of this Code to possess dangerous animal, or destroy it. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice of removal. If the original order of the Health Services officer is not appealed and is not com- plied with within three (3) days of the order of the Board of Health after appeal is not complied with within three (3) days of its issuance, the Health Services Officer or his designee is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a petiod of seven (7) days. If at the end of the impoundment petiod, the Individual or entity against whom the decision and order of the Health Services Officer or Board of Health w~ issued has not petitioned the Dubuque County Dis- txict Court for a review of said order~ the Health Services Officer shall cause the animal to be disposed of by sale, permanently place such animal with an organization or group allowed under Section 7-78 of this Code to possess dangerous adimais, or destroy such animalin a humane manner. PASSED, APPROVED AND ADOPTED this 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of Augast, 1984. Mary A. Davis City Clerk It 8/10 Council Member Deich moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Petition of Nites of Square Table re- questing to transfer their Beer Permit to the Tri-State Independent Blind Society at 1098 Jackson St. on Aug. 17, 18, and 19th, presented and read. Council Member Deich moved that the petition be received and filed and transfer granted. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 269-84 BE IT RESOLVED by the City .~ouncil of the City of Dubuque, Iowa, timt 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 within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Mulgrew Oil Company 1450 Loras Blvd. Angle Watters 1097 Jackson St. Dick Zee Wohg ~78 Main St. Passed, approved and adopted this 6th day of August, 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, Klansner, Kronfeldt. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 270-84 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be o.c- cupied by such applicants were spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE BE IT RE- Regular Session, August 6,1984 341 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 Beer Permit. CLASS "B" BEER PERMIT Saint Cohimbldile Church 1240 Rush St. (Also Sunday Sales) Church of the Nativity 1225 Alta Vista (Also Sunday Sales) CLASS "C" BEER PERMIT Iowa Oil Co. 1998 Jackson St. IAlso Sunday Sales) Iowa Oil Co. 2335 University (Also Sunday Sales) Earl Glenn Corbett 408 W. Locust (Also Sunday Sales) l~amily Mart, Inc. 3201 Central Ave. IAlse Sunday Sales) Mulgrew Oil Company 1450 Loras Blvd. (Also Sunday Sales) Passed, approved and adopted this 6th day of August, 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, Kronfeldt. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 271-84 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 ali 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 Imperial Lanes, Inc. 3505 Stonemau Rd. (Also Sunday Sales) James J. Khiuer 1646 Asbury Rd. Thomas J. Schrobilgrn 1121 University Ave. Clara L. Johnson and Judy A. Besler 385 E. 13th St. Angle R. Watters 1097 Jackson St. Passed, approved and adopted this 6th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- ion of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Printed Council Proceedings for month of April, 1984 for approval, presented for approval. Council Member Beurskens moved that the proceedings be approved as printed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. MINUTES SUBMITTED: Airport Comm. of 7-11; Cable Comm. Teleprogramming Comm. of 7-17; Cable TV Regulatory Comm. of 7-11; ,Electrical Examining Bal. of 7-9; Joint Meeting of Housing and Community Development Comm. of 7-13; Historic Preservation Coram. of 7-6, 7-10 and %17; Transit Bd. of 7-12; Comparative Earnings statement of Transit System 342 Regular Session, August 6, 1984 for month of June, 1984; Planning and Zoning Comm. of 7-11; Board of Zon- ing Adjustment of 7-19; Five Flags Comm. of 7-16; presented and read. Council Member Bearskens moved that the minutes be received and filed. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. NOTICES OF CLAIMS AND SUITS: Daniel Bastian in unknown amt. for car damages; Philip J. Bisenius in amt. of $150,000 for personal injuries and damages; Lois D. Clark in unknown amt. for car damages; James J. Kress on behalf of Robert Kress {minor) in amount of $94 for personal injuries; Leo Link, father of Jeffrey Link, in amt. of $100,000 for wrongful death of Jeffrey Link; Terry J. Link for per- sonai and property damages; Michael J. Noel in unknown amt. for car damages; Raymond P. Shickel in est. amt. of $38 for car damages; Steven J. Turner in unknown amt. for tire damages; Lavern N. & Margaret M. Hingtgen in amt. of $313.36 for backed-up sewer damages, presented and read. Council Member Beurskens moved that the claims and suits be referred to the Legal Staff for invce~igatlon and report. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klucener, Kronfeldt. Nays--None. Absent--Council Member Manning. Communications of Corporation Counsel Lindahl recommending denial of the following claims: property damage claim of Kevin Ansel; Im- proper arrest claim of Rick Bradley; Property damage claim of John G. Felton; Property damage claim of Bill Steffel, presented and read. Council Member Beurskens moved that the communications be received and filed and denials approved. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Nays--None. Absent--Counell Member Manning. Proof of publication, certified to by the Publisher, on Notice of Grantee Performance Report for Dubuque's Jobs Bill Programs to Housing and Urban Development has been filed; Notice of Intent to file a release of funds for the "Redstane" project from the Community Development Block Grant Program and Notice of Intent to file a release of funds for the "Redstone" project from the Urban Development Action Grant Program, presented and read. Council Member Beurskens moved that the proofs be received and filed. Seconded by Council Member Ham- mel, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskons, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absant--Cannell Member Manning. Proof of publication, certified to by the Publisher, of List of Claims and Receipts for month of June, 1984; Communication of City Manager sub- mltthig reports of the Finance Direc- ter and City Treasurer for month of June, 1984, presented and read. Council Member Beurskens moved that the proof and communication be received and filed. Seconded by Coun- cil Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klueaner, Kronfeldt. Nays--None. Absent--Council Member Manning. Communication of Judie Schiel sub- mifttlng resignation from Historic Preservation Commission, presented and read. Council Member Beurskans moved that the communication ha received and filed and resignation accepted with regret. Seconded by Council Member Hammel. Carried by the fol- lowing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Daich, Hammel, Regular Session, AUgust 6, 1984 343 Yduesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Jim Shaffer spoke objecting to the passage of the Arboretum Drive Or- dinance being adopted all on one night, and stressed that we must always remember this park as "Marshall Park"· Council Member Kronfeldt moved to reconsider action taken on July 16, 1984, regarding final adoption of Or- dlnance No. 20-84, Providing for Men- thly Subscriber Rates and Charges for Cable Television Basic Services. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None, Absent--Council Member Manning. Council Member Kronfuldt moved to recess this Council Meeting until August 8, 1984 at 7:30 p.m. in the City Hall Council Chambers. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Daich, Hammel, Klueaner, Kronfeldt. Nays~-None. Absent--Council Member Manning. August 8, 1984 RECESSED SESSION OF AUGUST 6, 1984. Council reconvened in Session at 7'.30 p.m., City Hall Council Chambers. PRESENT: Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Counsel William G. Blum. Abeent--Counell Member Manning. Council Member Kronfeldt moved that Ordinance No. 20-84 Providing fur monthly Subscriber rates and charges for Cable Television Basic Ser- vices, be tabled to the Council Meeting of August 20, 1984. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. Mary A. Davis City Clerk Approved 1984 Adopted 1984 Mayor Council Members ATTEST: City Clerk Special Session, August 8, 1984 CITY COUNCIL OFFICIAL Special Session, August 8, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Coun- sel William G. Binm. Absent--Council Member Manning. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider approval of documents regarding the issuance of bonds for the Dubuque Dog Racing Facility and acting upon such other business which may properly come before the Council. Council Member Hammel moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Kluesner, Krunfeldt. Nays--None. Absent--Council Member Manning. Aruie Honkamp introduced the members of the Racing Assn. and stated there would be 250 new employees for this enterprise from May through October. Dave Clemens spoke on the current status of the pro- ject. Charlie Kurt & Norman Wirkler of the Durrant Group spoke on the Site and Traffic Plan. RESOLUTION NO. 272-84 Resolution Fixing Date for a meeting on the Proposition of the Issuance of $1,4~0,000 General Obligation Bonds (For an Essential Corporate Purpose) of Dubuque, Iowa, and Providing for Publication of Notice Thereof WHEREAS, it is deemed necessary and advisable that the City of Dubu- que, Iowa, should issue General Obligation Bonds to the amount of $1,400,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential cot, porate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for tha issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Public Library AudiWrium, Dubu- que, Iowa, at 7:30 o'clock P.M., on the 20th day of August, 1984, for the pub pose of ta~ing action on the matter of the issuance of $1,400,000 General Obligation Bonds for an essential co~ porate purpose of said City, the pro- c~eds of which bonds will be used to provide funds to pay costs of the ac- quisition, construction and equipping of facilities useful for the collection, treatment and disposal of sewage in a sanitary manner, for the collection and disposal of surface waters and streams; the acquisition, construction and equipping of watermains and ex- tensions; and the acquisition, con~ struction and installation of street lighting fixtures, connections and Section 2. That the Clerk is hereby directed to cause at least one publica- tion w be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ~ nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form. Notice of Meeting of the Council of the City of Dubuque, Iowa, on the matter of the Proposed Issuance of $1,400,000 General Obligation Bonds {For an Es- Special Session, August 8, 1984 345 seotlal Corporate Purl~se) of said Ci- ty, and the Hearing on the Issuance Thereof PUBLIC NOTICE is hereby given that the Council of the City of Dubu- que, Iowa, win hold a public hearing on the 20th day of August, 1984, at 7:30 o'clock P.M., in the Public Library Auditorium, Dubuque, Iowa, at which meeting the Council proposes to take ad&'tlonai action for the issuance of $L400,00 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the acquisition, construc- tion and equipping of facilities useful for the collection, treatment and disposal of sewage in a sanitary man- ner, for the collection and disposal of surface waters and streams; the ac- quisitinn, construction and equipping of watermains and extensions; and the acquisition, construction and installa- tion of street lighting fixtures, connec- tions and facilities. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and con- sidered, the Council win at this meeting or at any adjournment thereof, take additional action for th, issuance of said bonds or win abandon the proposal to issue said bends. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 8th day of August, 1984. Mary A. Davis City Clerk of Dubuque, Iowa (End of Noticel Passed, and approved this 8th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beorskens. Car- tied by the funowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammai Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. RESOLUTION NO. 273~84 Resolution Directing the Advertise- ment for Sale of $7,900,000 General Obligation Bonds WHEREAS, the City of Dubuque, Iowa, is in need of funds to pay costs of the acquisition, construction and equipping of facilities useful for the collection, treatment and disposal of sewage in a sanitary manner, for the collection and disposal of surface waters and streams; the acquisition, construction and equipping of water- mains and extensions; and the acqnisi- tion, construction and installation of street lighting fixtures, connections and facilities, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $1,400,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, this Council has ordered that notice be published as re- quired by Section 384.25 of the City Code of Iowa, of a public meeting and hearing to be held on September 5, 1984, upon the proposal to institute proceedings for the issuance of general obligation bonds for the aforesaid eeeentiai corporate purpose and it is deemed necessary that said bonds be advertised for public sale to be held following said hearing in the event that this Council shall determine to proceed with the issuance of the bonds; and WHEREAS, the City of Dubuque, Iowa, is in need of funds to pay costs of constructing and equipping recrea- tional facilities consisting of a dog fac- lng track complex in the City, a general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bends for said purpose to the amount of $6,500,000 as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, this Council, pursuant to Section 384.26 of the City Code of Iowa, did legally call a special City election, fixing the time and place thereof and did legally submit to the 346 Special Session, August 8, 1984 qualified electors of said City the pro- position of issuing general obligation bonds in an amount not exceeding $6,500,000 for the purpose of pro- riding funds to pay costs of the above described general corporate purpose project, and did give legal sufficient and timely notice of the election and the time, place and purpose thereof; and that said special City election was duly and legally held and conducted on April 24, 1984, all in strict compliance with the law and the orders of said Council and the County Commissioner of Elections, and the affirmative vote on said proposition was equal to more than 60% of the total vote cast for and against said proposition and said pro- position was declared duly adopted; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is deemed appropriate that the various general obligation bonds hereinabove described be combined for purposes of issuance and sale in a single issue of corporate purpose bonds as herein- after set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bonds hereinafter described be offered at publlc sale, pu~ suant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said bonds on two days, which need not be successive, one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Dubuque Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council on the 5th day of September, 1984, at 12'00 o'clock noon, will hold a meeting to receive and act upon bids for said bonds; said notice to be in a form ac- ceptable to the Council Passed and approved this 8th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Manning. A Resolution Authorizing City Manager to execute document for Con- struction Management Agreement regarding Dubuque Dog Racing Facili- ty with Durrant Group, Inc. in an amount not to exceed $206,000, presented and read. Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Vote on the motion was as follows: Yeas--Council Members Beurskens, Kinesner, Kronfeldt. Nays--Mayor Brady, Council Member Deich. Abstain--Council Member Hammel. Absent--Council Member Manning. MOTION FAILED. Council Member Dalch moved to direct the City Manager to advertise for bids for Construction Manage- merit. Seconded by Mayor Brady. Vote on the motion was as follows: Yeas--Mayor Brady, Council Member Deich. Nays--Council Members Beurskens, Hammal, Kluesner, Kronfeldt. Absent--Council Member Manning. MOTION FAILED. Mayor Brady moved to adopt a Resolution awarding Contract to Con- Ion Construction for construction Management for Dog Track in the amount of $193,500. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Member Deich. Nays--Council Members Beurskens Kluesner, Kronfaldt. Special Session, August 8, 1984 347 Not Voting--Council Member Hare Absent--Council Member Manning. MOTION FAILED. Mayor Brady moved to reconsider action taken on the vote for Construc- tion Management to the Durrant Group. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Absent--Council Member Manning. RESOLUTION NO. 274~84 Approving Contract for Construction Management Services for the Dubu- que Dog Racing Facility. WHEREAS, Chaplain Schmitt Memorial Island has been selected as the site for the Dubuque dog racing facility; and WHEREAS, application for a license for the dog racing facility was made to the Iowa State Racing Com- mission on June 1, 1984; and WHEREAS, the Iowa State Racing Commission issued a license to the Dubuque Racing Association on July 25, 1984; and WHEREAS, voters of Dubuque on April 24, 1984, favorably favored the issuance of $6.5 million to General Obligation Bonds for funding of the facility; and WHEREAS, the City Council at its regular meeting on June 4, 1984, con- curred in the selection of the Durrant Group, Inc. as the prime architec- tural/engineering firm and Shive Hat- tery Engineers of Dubuque, Iowa and Bird, Fujimoto and Fish of San Diego, California as associates to the Durrant Group; and WHEREAS, a contract has been negotiated with the Durrant Group, Inc. for construction management ser- vices. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the construction management agreement with the Dur- rant Group, Inc. for an amount not to exceed $206,000 be accepted and proved. Section 2. That the City Manager be authorized to execute the agreement with the Durrant Group, Inc. for pro- riding construction management se~ vices for the Dubuque dog racing facility. Passed, approved and adopted this 8th day of August, 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, Kronfaldt. Nays--None. Not Voting--Council Member Ham- reel Abeent--Council Member Manning. Upon Council consensus, it was resolved the following concerning the construction of the Dog Track: Council be given time-line for the construction; Council mandate all penditures by formal bidding pro- cedure; Council mandate they be given bi-weekly updates and that a single in- dividual on City Staff be liason to the Construction Management/Architec- ture. There being no further busines, Council Member Hammal moved to ad- journ. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Counci! Member Manning. Mary A. Davis City Clerk 348 Approved Adopted -- Special Session, August 8, 1984 ~1984 ~1984 Mayor Council Members ATTEST: City Clerk Special Session, August 20,1984 CITY COUNCIL OFFICIAL Special Session, August 20, 1984. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Maturing, City Manager W. Kenneth Gearhart, Cor- peration Counsel William G. Binm. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a Public Hearing on the Issuance of $1,400,000 General Obligation Bonds and acting upon such business which may proper- ly come before the Council. PROCLAMATIONS: August 26 as "Women's Equality Day" received by Linda Osterhamp; August 25 & 26 as "Beginning of the Mississippi River Revival in Dubuque" received by Michael Braltbach. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Hammel. Carried by the following vote: yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesuer, Kronfeldt, Manuing. Nays--None. Jerry Guy of the Durrant Group gave a report on the progress and status of the Race Track Facility. After discussion, upon Council con- sensus it was resolved that Council Member Manning be designated the liason person to the Consultant Management and Architect/Engineer, and to attend Progress Meetings regarding Dog Track. Proof of publication, certified to by the Publisher, on Notice of Meeting of the City Council on the matter of the proposed issuance of $1,400,000 General Obligation Bonds, presented and read, No written objections were received prior to the public hearing and no oral objectors were present. Wayne McDonnell, Pres. of the 349 Operating Engineers of the State of Iowa, questioned specifics of the site grading of the Dog Track area. Council Member Bearskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Deich. Carried by the follow- ing voge: yeas--Mayor Brady, Council Mom- bets Bourakens, Deich, Hummel, Klucenor, Kronfaldt, Manning. Nays--None. RESOLUTION NO. 275-84 Resolution Instituting Proceedings to Take Additional Action for the Is- suance of $1,400,~0 General Obliga- tion Bonds WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $1,400,000 General Obligation Bonds for the essential corporate purpose of raying costs of the acquisition, con- Sructinn and equipping of facilities useful for the conection, treatment and disposal of sewage in a sanitary man- ncr, for the collection and disposal of surface waters and streams; the ac- qalsitinn, construction and equipping of watormains and extensions; and the acquisition, construction and installa- tion of street lighting fixtures, connec- tions and facilities, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, ac- cordingly the following action is now ,~naldered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That this Council does hereby institute proceedings and takes additional action for the sale and is- suance in the manner required by law of $1,400,000 General Obligation Bonds for the foregoing essential co~ porate purpose. Passed, and approved this 20th day of August, 1984. James E. Brady Mayor 350 Special Session, August 20, 1984 ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for public improvements, etc. for Chaplain Schmitt Memorial Island Park and Recreation Complex Ballpark Light- ing, presented and read. No written objections were received prior to the public hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--Council Member Kronfeldt. (Necessity for Improvement) RESOLUTION NO. 247-84 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- fice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- merit, and an estimate of the cost for the Chaplain Schmitt Memorial Island Park and Recreation Complex; Ball- park Lighting. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con~ siderathin of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the CIP levy, private funds, and a grant from the Iowa Conservation Commission and the U.S. Department of the Interior. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 30th day of July, 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 passed and adopted, as proposed by the City Council this 20th day of August, 1984. Passed, approved and adopted this 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of tbe Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--Council Member Kronfeldt. Decision of Council Upon Objections to Plans, Specifications, Form of Con- tract and Cost of Improvements RESOLUTION NO. 276-84 WHEREAS, proposed plans and specifications and form of contract for the Chaplain Schmitt Memorial Island Park and Recreation Complex; Ballpark Lighting have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertain- Special Session, August 20, 1984 351 hig to public contracts and bonds, and the time and place fixed for the hear- lng of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 20th day of August, 1984; and WHEREAS, the City Council met in special session this 20th day of August, 1984, at 7:30 p.m. at the Public Library Auditorium for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and ali 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 hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon 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 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--Council Member Kronfeldt. (Ordering Construction) RESOLUTION No. 277-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 247-84 which was duly passed by this Council for the Chaplain Schmitt Memorial Island Park and Recreation Complex; Ballpark Lighting be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of proper- ty owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the CIP levy, privat~ funds, and a grant from the Iowa Conservation Commission and the U.S. Department of the In- terior. 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, approved and adopted this 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice to Contrac- tors of the receipt of proposals for the construction of Chaplain Schmitt Memorial Island Park and Recreation Complex Ballpark Lighting, AND Communication of City Manager recommending to award contract for above to Tschiggfrle Excavating, presented and read. 352 Special Session, August 20, 1984 Council Member Beurskens moved to receive and file the proof of publica- tion and communication. Seconded by Council Member Klueaner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Manning. Nays--Council Member Kronfeldt, (Awarding Contract) RESOLUTION NO. 278-84 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Recreational Park Lighting at Chaplain Schmitt Memorial Island pursuant to Resolution No. 249-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 1st day of August, 1984. WHEREAS, said sealed proposals were opened and read on the 14th day of August, 1984 and it has been deter- mined that the bid of Tschiggfrie Ex- cavating of Dubuque in the amount of $263,107.13 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above-mentioned ira- provement be awarded to Tecinggfrie Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon 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 tins 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskans moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hummel, Kluesner, Manning. Nays--Council Member Kronfoldt. Communication of City Manager submitting documents providing for the construction of Foundation Systems for Dog Racing Facility, and read. Council Member Hammel moved the communication be received filed. Seconded by Council Beurskens, Carried by the !ollowing vote: Yeas--Mayor Brady, Council Mom- bars Banrskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. (Necessity for Improvement) RESOLUTION NO. 279-84 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- fice of the City Clerk showing among other tinnge the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Dubuque Racing Facility Bid Package "A" For Driven Piles, Ex- and Concrete Work and ?recast Concrete Systems. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested at the time of the final con- sideration of tins proposed resolution have filed objections with the City Clerk to the proposed plans, speciBca- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- dl and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from General Obligation Bond Funds. The above resolution was intro- duced, approved and ordered placed on Special Session, August 20,1984 353 file with the City Clerk this 20th day of August, 1984. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hummel moved ap- proval of the Resolution. Seconded by Council Member Beurskans. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Banrskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 280-84 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, form of contract etc. and all other documents for the FOUNDATION SYSTEMS FOR THE DOG RACING FACILITY with the probable cost of the improve- ment to be $1,350,800.00, and are to be considered part of this Resolution. Passed, approved and adopted this 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Hannnel moved adoption of the Resolution. Seconded by Council Member Banrskans. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. (lflxing Date of Hearing and Author- izing Advertisement for Proposals RESOLUTION NO. 281-84 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- lice of the City Clerk for public inspec- tion for the Dubuque Racing Facility Bid Package "A" For Driven Piles, Excavation and Concrete Work and Precast Concrete Systems, and WHEREAS, the proposed Resolu- 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 4th day of September, 1984, a public hearing will be held at 7:30 p.m. in the City Hall Council Chambers at which time in- terested persons may appear and be heard for or against the proposed plans and specifications, form of con- tract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circula- tion in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless interested persons at the time of the final consideration of the proposed Resolution of Necessity have filed objections with the City Clerk, they shall be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby 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 2:00 p.m. the 30th day of August, 1984. Bids shall be opened and read by the City Clerk at said time and will be s~bmit- ted to the Council for final action at a meeting to be held in the City Hall Council Chambers at 7:30 p.m. on the 4th day of September, 1984. Passed, approved and adopted tins 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 354 Special Session, August 20, 1984 Council Member Hummel moved adoption of the Resolution. Seconded by Council Member Beorskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None, Communication of City Manager recommending to enter into a Lease Agreement with Dubuque Racing Association and setting a Public Hsar- lng for same, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Hammci, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Dalch, Hammei, Kluesner, Kronfaldt, Manning. Nays--None. RESOLUTION NO. 282-84 Declaring the Intent of the City to Enter into a Lease with the Dubuque Racing Association, LTD. for a Per- tion of Chaplain Schmitt Memorial Island. WHEREAS, Chapter 99D of the Iowa Code, known and cited as the Iowa Pari-Mutuel Wagering Act, legalizes the system of wagering on the results of dog racing meetings; and WHEREAS, the Dubuque Racing Association, Ltd., a qualified non- profit corporation, has applied for and has been granted a license by the Iowa State Racing Commission for the pur- pose of conducting dog racing in the City of Dubuque; and WHEREAS, the City is the owner of certain unimproved land in the City of Dubuque, known and identified as a portion of the Chaplain Schmitt Memorial Island, and which land is zoned commercial-recreation and it is appropriately located for the conduc- ting of dog racing meetings in the City by the Association; and WHEREAS, the City of Dubuque and the Dubuque Racing Association Ltd. have agreed to enter into an agreement wherein the City will con- struct a greyhound race track facility in full consultation with the Associe- tion and to lease the greyhound race track facility to the Association; and WHEREAS, the execution of such a lease is deemed to be in the public terest and to the benefit of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the City of Dubuque herein declares its intent to lease, after a public hearing, a portion of the Chaplain Schrnitt Memorial Island to the Dubuque Racing Association, Ltd. for the purpose of conducting dog rec. lng meetings, Section 2. That the City Clerk be and is hereby authorized and directed to publish according to law a notice Of a public hearing to be held on September · ~ 1984 for the purpose of entering into a lease with the Dubuque Racing Association, Lt~ Passed, approved and adopted this 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klueener moved adoption of the Resolution. Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting Option Agreement for disposition of vacated roadway of Rhomberg Avenue previously used as access to Eagle Point Bridge, presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Special Session, August 20, 1984 355 RESOLUTION NO. 283-84 Resolution for Disposition of Ahan- cloned Portions of Rhamberg Avenue WHEREAS, the City of Dubuque has been negotiating with Susan M. Balsamo, concerning an option agree- meat given said Susan M. Balsamo, an option to purchase certain real estate owned by the City of Dubuque; and WHEREAS, the parties have agreed to terms and conditions of said option agreement; and WHEREAS, a true copy of said written option agreement marked "Exhibit A" is attached hereto by reference made a part hereof; and WHEREAS, City Council of the Ci- ty of Dubuque, Iowa finds that said option agreement should be approved; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the proposed option agreement by and between the City of Dubuque, and Susan M. Balsamo, be and the same is hereby tentatively ap- proved until a public hearing is held on this disposition of said property. Section 2. That the City Clerk be and she is hereby directed to publish notice of intent to dispose of interest in this real estate as required under Section 364.7 of the Co& of lowa, 1983 or as amended~ Passed, approved and adopted this 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hummel moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending to vacate 15 foot strip of land on the north side of 4th Street between Main and Iowa Streets and sell to Investment Counselors, Inc., in the amount of $8,460.00, presented and read. Council Member Beurskens moved that the communication be recoived and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kinesner, Kronfeldt, Manning. Nays--None. Abstain--Council Member Hummel. An ORDINANCE Vacating a por- tion of the north side of 4th Street bet- ween Iowa and Main Streets in the Ci- ty of Dubuque and disposing of the same to Investment Counselors, Inc., presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--None. Not Voting--Council Member Ham- mai. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is t~ken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bars Beurskens, Doich, Kluesner, Kronfeldt, Manning. Nays--None. Not Voting--Council Member Ham- that a Public Hearing be held on the 7:30 p.m. in the City Hall Council Chambers. Seconded by Council Member Deich. Carried by the follow- Yeas--Mayor Brady, Council Mem- bars Beurskens, Deich, Kluesner, Nays--None. Not Voting--Council Member Ham- mci. il¸ 356 Special Session, August 20, 1984 Communication of City Manager recommending a Public Hearing be set regarding amending the Code of Or- dinances, Chapter 22, pertaining to Se- cond Hand Dealers and Pawn Brokers, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- LUg vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. An ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by repealing Chapter 22 thereof and enacting a new Chapter 22 in lleu thereof providing for the regulation of Junk Dealers, Secon- dhand Dealers, and Pawnbrokers presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on September 4, 1984 at 7:30 p.m. in the City Hall Council Chambers and that the City Clerk publish notice in the manner preecrib- ed by law. Seconded by Council Member Deich. Carried by the follow- Lug vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Kluesner, Kronfeldt, Manning. Nays--None. A report from the City Manager sub- mltting action plan for evaluating west end Storm Sewer problem, presented and read. Betty Fox, 3562 Keymeer Dr,, stated she was "putting the City on Notice" as to their liability if there were any more sewer back-up pro- blume. Council Member Beurskens moved that the report be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammai, Kluesner, Kronfeldt, Manning. Nays--None. A report from City Manager on com- daints of noise from Splash Down Water Slide located at 4100 Penn- sylvania Ave., presented and read. Council Member Beurskens moved to receive and file the report from Staff. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 284-84 A Resolution Authorizing the Is- suance of a $325,000 Medical Clinic Revenue Bond (James C. Hall, M.D. and Teresa A. Eckhart, M.D. Project) Series 1984 of the City of Dubuque, Iowa, for the purpose of Making a Loan to Assist James C. Hall, M.D. and Teresa A. Eckhart, M.D. in the Financing of Costs of a "Project" Within the Meaning of Chapter 419, Code of Iowa; Providing for the Assignment of and Grant of a Security Interest in Revenues for the Payment of the Bond to Further Secure the Pay- ment of the Bond; Authorizing the Ex- ecution and Delivery of a Loan Agree- merit Pertaining to the Project; and Authorizing an Assignment of the Loan Agreement for Securing Further the Payment of the Bond. WHEREAS, the City of Dubuque. Iowa by virtue of the laws of the State of Iowa, including Chapter 419, Code of Iowa, is authorized and empowered, among other things, la) to issue Special Session, August 20, 1984 357 revenue bonds for the purpose of mak- lng a loan to assist in the financing of costs of acquiring, constructing. equipping, improving and installing a "project", as defined in Section 419.1 of the Code of Iowa, comprising a health care facility, (b) to enter into a Luan agreement and to accept security interests to evidence and secure such indebtedness and to provide for "revenues", as defined in said Section 419.1, sufficient to pay the principal of, premium, if any, and interest of such revenue bonds, (c) to secure such revenue bonds by an assignment of and grant of a security interest in revenues, as provided for herein, and (d) to enact this Bond Legislation and enter into the Loan Agreement and the acceptance and assignment of the Mortgage and to execute and deliver the Assignment, all as hereinafter defined, upon the terms and conditions provided therein; NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Dubuque, Iowa as follows: Section 1, Definitions. In addition to the words and terms elsewhere defined in this Bond Legislation, in the Mort gage or in the Agreement, the follow- ing words and terms as used in this Bond Legislation shall have the follow- lng meanings unless the context or use clearly indicates another or different meaning or intent: "Act" means Chapter 419 of the Code of Iowa, as enacted and amended. "Adjustment Date" means the day on which the Variable Interest Rate shall be adjusted which shall be the last day of each month commencing September 30, 1984. "Agreement" means the Loan Agree- ment between the Issuer and the Com- pany. dated as of August 1. 1984, as the same may be amended from time to time in accordance with the appli- cable provisions thereof. "Assignment" means the Assignment of the Agreement and the Revenues. of even date with the Agreement. from the Issuer to the Holder. "Authorized Company Represen- tative" means the person at the time designated pursuant to the Agreement to act on behalf of the Company. "Bond Legislation" means this resolu- tion as the same may from time to time be lawfully amended or sup- plemented. "Bond service charges" for any time period means the principal, interest and prepayment or redemption premium, if any, required to be paid by the Issuer on the Project Bond for such time period. "Code" means the Internal Revenue Code of 1954 as emended and refer- ences to the Code and Sections of the Code shall include relevant regulations and proposed regulations thereunder and any successor provisions to such Sections, regulations or proposed regulations. "Company" means James C. Hall, M.D. and Teresa A. Eckhart, M.D., in- dividuals residing in the State of Iowa, and their lawful successors and assigns. "Construction Fund" means the Con- struction Fund created by Section 6 hereof. "Eligible Investments" means, to the extent permitted by law and in accor- dance with the provisions of the Bond Legislation (i) obligations issued or guaranteed by the United States of America; (ii) obligations issued or guaranteed by any person controlled or supervised by and acting as an in- strumentaiity of the United States of America pursuant to authority granted by the Congress of the United States of America; (iii) obligations issued or guaranteed by any state of the United States of America, or the District of Columbia, or any political subdivision of any state or district; (iv) prime commercial paper; (v) prime finance company paper; (vi) bankers acceptances drawn on and accepted by banks organized under the laws of any state or of the United States of America which have a combined capital and surplus and undivided pro- fits and reserved of at least $5,000,000; (vii) repurchase agree- ments fully secured by obligations issued or guaranteed by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authori- ty granted by the Congress of the United States of America; and (viii) certificates of deposit or savings ac- counts issued by the Holder; provided that any such investment or deposit is not prohibited by applicable law. 358 Special Session, August 20, 1984 "Executive" means Mayor of the Issuer. "Financial Institution" means any life or cssualty insurance company or any state or federally chartered commer- cial hank, savings and loan association or mutual savings association insured by either the Federal Deposit In- surance Corporation or the Federal Savings and Loan Insurance Corpora- t/on. "Fiscal Officer" means the City Clerk. "Guarantors" means Jane L. Hall and Michael D. Gibson individuals and residents of the State of Iowa. "Guaranty" means the Guaranty Agreement, dated as of August 1, 1984, executed and delivered by the Guarantors to the Holder, as the same may be amended from time to time in accordance with the applicable provi- sions thereof. "Holder" means the Original Pur- chaser as the initial holder of the Pro- ject Bond and the Mortgage and its lawful successors, or, in the event of transfer and asignment permitted by the terms of the Project Bond, the F/nancial Institution at the time holding the Project Bond and the Mor- tgage. "Issuer" means the City of Dubuque of the State. "Legal Officer" means the City At- torney of the Issuer. "Legislative Authority" means the City Council of the Issuer. "Loans" means the loan by the Issuer to the Company of the proceeds from the sale of the Project Bond. "Loan Payments" means the amounts required to be paid by the Company in repayment et the Loan pursuant to the provisions of Section 4.1 of the Agree- meat. "Mortgage" means the Open-End Mortgage and Security Agreement, dated August 1, 1984, executed and delivered by the Company to the Holder, as the same may be amended from time to time in accordance with the applicable provisions thereof. "Original Purchaser" means American Trust & Savings Bank, Dubuque, Iowa. firm, association, corporation or a public body. "Project" means (a) the real estate at the time comprising the "Project Site", as defined in the Agreement and (b) the real and personal property at the time comprising the "Project Facilities" as defined in the Agree- meat together constituting a "pro- ject" as defined in the Act. "Project Bond" means the $325,000 Medical Clinic Revenue Bond (James C. Hall, M.D. and Teresa A. Eckhart, M.D. Project) Series 1984 authorized in Section 3 hereof. "Project Purpose" means acquiring, constructing and equipping a medical clinic facility to be located on Maz- zucbelli Street between Cardiff Street and James Street within the City and to be used by physicians as an office building to provide health care, or such as may result from a change in the Plans and Specifications authoriz- ed by Section 3.2 of the Agreement or as may otherwise be permitted by the agreement. "Revenues" means ia) the Loan Payments, {b) all other moneys receiv- ed by the Issuer, or the Holder for the account of the Issuer, in respect of repayment of the Loan, (c) unexpended proceeds derived from the sale of the Project Bond and {d) all income and profit from the investment of the Loan Payments and such other moneys by or on behalf of the Issuer. "State" means the State of Iowa. Any reference herein to the Issuer or to any member or officers thereof or to the Legislative Authority, or to any member or officers thereof, shall in- dude those which succeed to their functions, duties or responsibilities pursuant to or by operation of law or who are lawfully performing their functions. Any reference to a section or provision of the Constitution of the State or to a section, provision or chapter of the Code of Iowa shall in- dude such section or provision or chapter as from time to time amended, modified, revised, supplemented and superseded, provided that no such change in the Constitution or laws shall be deemed applicable by reason of this provision if such change in any way constitutes an impairment of the rights or obligations of the Issuer or the Company under this Bond Legisla- t/on, the Agreement, the Assignment, the Mortgage, or any other document executed in connection with any of the Special Session, August 20, 1984 359 foregoing, including, without limits- tion, any alteration of the obligation to pay the Bond service charges in the amount and manner, at the times, and from the sources provided in the Bond Legislation, the Agreement and the Mortgage, except as otherwise herein permitted. Words of the masculine gender shah be deemed and construed to include correlative words of the ferahfine and neuter genders. Unless the context shall otherwise indicate, words importing the singular number shall include the plural number, and vice versa, and the terms "hereof", "hereby", "herein, "hereto", "hereunder", and similar terms mean this Bond Legislation. Section 2. Determinations of Legislative Authority. It is hereby determined that (a) the Project is a pro- ject as defined in the Act and is consis. tent with the purposes of the Act; (b) the utilization of the Project is in fu~ therance of the purposes of the Act and will benefit the people of the Issuer and of the State maintaining and enhanc. lng employment opportunities, enhan- ting the tax base of the Issuer and overlapping taxing jurisdictions, pro- riding and inducing other public benefits flowing from conducting the Project and improving the economic welfare of the people of the Issuer and of the State; and (c) the provision of loan assistance in the financing of costs of acquiring, constructing, equip. ping, improving and installing the Pro- jeer, including the financing thereof, will require the issuance, sale and delivery of the Project Bond in the principal amount of $325,000, which shall be payable and secured as provid- ed herein and in the Agreement and the Mortgage. Section 3. Authorization and Terms of Project Bond. It is hereby determined to be necessary to, and the Issuer shalg issue, sell and deliver, as provided and authotized herein and pursuant to the authority of the Act, the Project Bond in the principal amount of $325,000 for the purpose of making a loan to assist the Company in the financing of costs of acquiring, constructing, equipping, improving and installing the Project for the Project Purpose. The Project Bond shall be designated "Medical Clinic Revenue Bond (James C. Hali M.D. and Teresa A. Eekhart, M.D. Pro~ ~ect) Series 1984". The Project Bond shall be issued in the single denomination of $32~,000, substantially in the fully registered ~orm attached hereto as Exhibit "A" Which is incorporated herein by reference and made a part hereof fully a~ if set forth in full herein), and shall be subject to optiona& extraordinary and loss of tax exemption prepayment, as set forth herein and in said Exhibit "A", at the place set forth therein. The Project Bond shall be dated as of August 1, 1984, but shall bear interest from the date of delivery to the Original Purchaser (which date shall appear on the face of the Project Bond), at a variable interest rate as defined in the Project Bond attached hereto as Exhibit "A " and shall be payable as to interest on and principal of the Project Bond on the first day of each month commencing October 1, 1984 and thereafter until September 1, 1999, or until the principal has been paid in full In the event of any final determine, tion with respect to the tax liability of the holder of the Project Bond that the interest on the Project Bond is wholly or partially includable for federal in- come tax purposes in the gross income of such Holder (other than the event that the holder is a "substantial user" of the Project or a "related person" as those terms are used in Section 103(b) (13) of the Code), the Project Bond shall ~om the date on which such interest becomes taxable and until all of this Bond shall have been paid bear in- terest at a rate equal to two percent (2%) ~er annum plus the "Prime Rate", as defined in the Agreement, computed on the outstanding principal amount of the Bond for the period which has elapsed between the date of the final determination and the date the Bond is redeemed or paid in ful~ whichever is ~arlien As used hereir~ "final dete~ ruination" shall be deemed to have oc- curred upon receipt by the Holder of the Project Bond of a ruling or technical advice by the Internal Revenue Service in which the Com- pany has participated or a written opi- nion of an attorney or firm of attorneys of recognized standing on the subject of municipal bonds selected by the Holder and approved by the Company, which approval should not be unreas- onably withheld. The Project Bond shall be payable 36O as to principal and inter~ money of the United States of America, shall be a negotiable instru. ment subject to the provisions therein restricting transfer and shall express on its face the purpose for which it is issued and such other statements or legends as may be required by law. The Project Bond shall not be transferred by any Holder to other than a Finan- cial Institution and in accordance with its terms and any purported transfer to other than a Financial Institution shall be void and of no effect. Bond service charges on the Project Bond shall be payable at the principal office of the Holder. The project Bond shall be executed on behalf of the Issuer by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk and shall bear the corporate seal of the Issuer or a facsimile thereof Section 4. payment of and Security for the Project Bond. The project Bond shall be fi) payable solely from the Revenues and (ii) secured by an assignment of and grant of a security interest in the Revenues and an assign- ment of the Agreement and the Mot- tgage (except the Unassigned Issuer Rights, as defined in the Agreement). Anything in this Bond Legislation or the project Bond to the contrary not- withstanding, neither the Bond Legislation, the Project Bond, nor the Agreement shall constitute an ~n. debtedness of the Issuer, within the meaning of any State constitutional provision or statutory limitation, and shall not constitute nor give rise to pecuniary liability of the Issuer or a charge against its general credit or tax- ing powers, and the project Bond shall contain on the face thereof a clear statement to that effect and that such Bond is payable solely from the Revenues; provided, that nothing herein shall be deemed to prohibit the Issuer, of its own volition, from using to the e~tent lawfully authorized to do so any other resources for the fulfill- ment of any of the terms, conditions or obligations of the Bond Legislation or of the project Bond. Section 5. Sale of Project Bond· The Project Bond is hereby sold and award- ed w the Original purchaser in acco~ dance with its written offer therefore, at a purchase price equal to the par Special Session, August 20, 1984 value thereof The Executive and the Fiscal Officer of the Legislative Authority are authorized and directed to mahe the necessary arrangements with the Original Purchaser to establish the date, location, procedure and conditions for the delivery of the project Bond to the Original Put- chaser, and to take all steps necessary to effect due execution and delivery to the Original Purchaser of the Project Bond under the terms of this Bond Legislation to the extent not provided said written offer. It is hereby determined that the price for and the terms of the project Bond, and sale thereof, all as provided in this Bond Legislation, are in the best interest of the Issuer and in compliance with all legal requirements. Section 6. Allocation of Proceeds of Project Bond - Construction Fund. The proceeds from the sale of the Pro- ject Bond shall be deposited and credited to the Construction Fund. There is hereby created by the Issuer and ordered maintained as a separate deposit account (except when invested as hereinafter providod) in the custody of the Holder a fund in the name of the Issuer to be designated "City of Dubu- que, Iowa - Medical Clinic Revenue Bond (James C. Hall, M.D. and Teresa A. Eckhart, M.D. project) Series 1984 Construction Fund" (the "Construe- tion Fund"). Moneys in the Construe- tion Fund may be invested as provided in Section 9 hereof and shall be held and disbursed in accordance with the provisions of the Assignment and the Agreement. The Holder is authorized and directed to make any such disbursements from the Construction Fund in accordance with the provi- sions of the Agreement and the Assignment. The moneys to the credit of the Con- struction Fund shall, pending disbursement as above set forth, be subject to a lien and charge in favor of the Holder. Section 7. Source of Payment of Pro- ject Bond. As provided in the Agree- ment, Loan Payments, sufficient in time and amount to pay the Bond se~ vice charges as they come due, are to be paid by the Company directly to the Holder for the account of the Issuer The Issuer hereby covenants and agrees that, until the entire principal of Special Session, August 20, 1984 361 and premiung if any, and interest on the Project Bond shall have been paid, (i) it will pay, or cause to be pald, to the Holder, Revenues sufficient in time and amount to pay the Bond service charges as the same become due and payable, (ii) it will diligently and promptly proceed in good faith and use its best efforts to enforce the Agree- ment, and (iii) should there be an event of default under the Agreement, the Issuer shall cooperate fully with the Holder to protect fully the rights and security of the Holder hereunder; pro- vided that nothing herein shall be con- strued as requiring the Issuer to use or apply to the payment of Bond service charges any funds or revenues from any source other than Revenues. Nothing in this Bond Legislation is in. tended to prevent the Company from delivering moneys to the Holder put- suant to Section 6.1 of the Agreement to be used to prepay unpaid principal installments on the Project Bond in ac- cordance with those Sections and the applicable provisions of the Project Bond, and the Holder shall promptly apply such moneys to the prepayment of such installments in accordance with the Company's instructions. Section 8. Covenants of Issuer. In addition to other covenants of the Issuer in this Bond Legislation con- rained, the Issuer further covenants and agrees as follows: (a) Payment of Bond Service Charges. The Issuer will, solely from the sources herein provided, pay or cause to be paid the Bond service charges on the Project Bond on the dates, at the places and in the man- ner provided herein and in the Pro- ject Bon~L 6o) Performance of Covenants, Authority and Actions· The Issuer will at all times faithfully observe and perform all agreements, covenants, undertakings, stipulations and provi- sions contained in the Agreemeng the Assignment, this Bond Legislation and the Project Bond and all pro- ceedings of its Legislative Authority pertaining thereto, on its part to be performed or observed. The Issuer covenants that it is, and upon delivery of the Project Bond will be, duly authorized by the Constitution and laws of the State, including par~ ticalariy and without limitation the Act, to issue the Project Bo?d, to ex- ecuto the Agreement and the Assign- ment and to provide the security for payment of the Bond service charges in the manner and to the extent herein and in the Project Bond set 'orth; that all actions on its part for the issuance of the project Bond and execution and delivery of the Agree- ment and the Assignment have been or will be duly and effectively taken; and that the Project Bond in the hands of the Holder will be a valid and enforceable special obligation of the Issuer according to the terms thereof (c) Revenues. Except as otherwise provided in this Bond Legislation, the Agreement or the Assignment, the Issuer will not assign or grant a security interest in the Revenues or create or suffer to be created any debt, lien or charge thereon other than the assignment and grant thereof under this Bond Legislation and the Assignment. (d) Recordings and Filings. The Issuer will, at the expense of the Company and upon written request of the Holder, cause the Agreement and the Assignment, and any amend- ments or supplements to any, and all necessary financing statements, amendments thereto, continuation statements and instruments of similar character relating to the assignment and grants made by it to secure the Project Bond, to be record. ed and filed in such manner and in such places as may be required by law in order to preserve and protect fully the security of the Holder. Prior to the last day of the month suc- ceeding the month in which falls any anniversary of the date of the Agree- meng the Issuer will at the request of the Holder and at the expense of the Company, require the Company to deliver to the Holder, an opinion of Independent Counsel (as defined in the Agreement), who may be Counsel 'or the Issuer or for the Company, ad- dressed to the Holder specifying any filing, registration or recording and re-filing, re-registration or re- recording, of any such instrument since the date of the Assignment or the date of the most recent opinion of Independent Counselpursuant to this Section 8(d), or stating that no such filing, registration, recording, re- ~ling, re-registration or re-recording is necessary, or if necessary, setting 362 Spedal Session, August 20, 1984 thereto. Promptly after any filing, recording, re-filing or re-recording of character relating to any of the pledges made in the Bond Legislation or the Assignment, or any filing, Agreement or the Assignmeng or any the Issuer will require the Company the HoMer an opinion of counse~ who may be counsel for the Issuer or for the Company, to the effect that such filing, re-registration or re-recording has been duly accomplished and set- ting forth the particulars thereof (e) Inspection of Project Books. All books and documents in the Issuer's the Issuer's regular business hours be open to inspection by such uccoun- the Holder may from time to time designate. (fl Rights under Agreement. The HoMer, in its name or in the name of the Issuer, may enforce all rights of the Issuer except for Unassigned Issuer's Bights as defined in the Agreement and all obligations of the Agreement, whether or not the Issuer is in default of the pursuit or enforce. ment of such rights and obligations. (g) Enforcement of Agreement. The ly with the obligations, duties and Agreement in effect in accordance with the terms thereof and to enforce and protect the rights of the Issuer (h) Arbitrage Provisions. The coeds of the Project Bond in such manner and to such extent, if any, as the time of the delivery of and pay- ment for such Project Bond, so that the Project Bond will not constitUte arbitrage bonds under Section of the Code and the applicable regale. tions under that Sectio~ The Fiscal Officer or any other officer having responsibility for issuing the Project Bond is authorized and directed, alone or in conjunction with any of the foregoing or with any other of. ricer, employee, consultant or agent of the Issuer, or with the Company or any employee, consultant or agent of the Company, to give an appropriate certificate of the Issuer, for inclusion in the transcript of proceedings for the Project Bond, setting forth the reasonable expectations of the Issuer regarding the amount and use of the proceeds of the Project Bond and the facts, estimates and circumstances on which they are based, such certificate to be premised on the reasonable pectations and the foots, estimates and circumstances on which they are based as provided by the Company, all as of the date of dalivery of and payment for such Project Bond. The Fiscal Officer, or other appropriate ricer of the Issuer, shall furnish to the HoMer a true transcript of pr~ ceedings, certified by said Fiscal Of. fleer or officer, of all proceedings had with reference to the issuance of the project Bond along with such info~ ruction from the records as is necessary to determine the regularity and validity of the issuance of said Project Bond. (9 Additional Financing. At the re~ quest of the Company, provided that the Company is not in default under the Agreement and to the extent then permitted by law, including the Act, the Issuer shall use its best efforts to provide for the issuance of revenue obligations in addition to the Project Bond for the purpose of (i) completing the Project, (ii) acquiring, construc- ting, equipping or improving addi- tional property for use in connection with the Project or (iii) with the con- sent of the Holder refunding the Pro- ject Bond or any other such revenue obligations previously issued. Section 9. Investment and Records of Construction Fund. Moneys in the Construction Fund shall be invested and reinvested by the Holder in any Eligible Investments at the oral or written request of the Authorized Company Representative in aceo~ dance with Section 3.7 of the Agree- Special Session, August 20, 1984 men~ Subject to any such written re- quest with respect thereto, the Holder may from time to time sell such in- vestments and reinvest the proceeds therefrom in Eligible Investments maturing or redeemable as aforesaid. Any such investments shall be pu~ chased from the Holder. An invest- merit made from money credited to the Construction Fund shell constitute part of that Fund and such Fund shall be credited with all proceeds of sale and income from such investment. For purposes of this Bond Legislation, such investments shall be valued at face amount or market value, which- ever is less. Section 10. Agreement and Assign- ment. In order to secure the payment of the Bond service charges as the same shall become due and payable, the Executive and the Fiscal officer are hereby authorized and directed (i) to execute, acknowledge and deliver, in the name and on behalf of the Issuer, the Agreement and the Assignment, in substantially the forms submitted to this Legislative Authority, which in- struments are hereby approved, with such changes therein not inconsistent with this Bond Legislation and not substantially adverse to the Issuer as may be permitted by the Act and. ap. proved .by the officers executing the same on behalf of the Issuer and (ii} to execute such other certificates, financ- lng statements and other instruments as may be necessary or desirable in order to consummate the transactions contemplated by this Bond Legisla. tion. The approval of such changes by said officers, and that such are not substantially adverse to the Issuer, shall be conclusively evidenced by the execution of such instruments. Section 11. Other Documents. The Executive and the Fiscal Officer, as ap- propriate, are hereby further authoriz- ed and directed to execute such tifications, financing statements, assignments and instruments as are in the opinion of the Bond Counsel necessary or appropriate to perfect the assignments and grants set forth herein and in the Assignment and to consummate the transactions provid- ed for in the Agreement and the Assignmen& Section 12. Delivery of the Project Bond. Before the Project Bond is delivered there shall be delivered to 363 the Holder: (a) A copy, duly certified by the Fiscal Officer of this Bond Legislation,. and (b) An original executed counterpart of the Agreement, the Mortgage and the Assignment,. (c) Written title evidence that the Company has a good and marketable title in fee simple to the Project Site as defined in the Agreement and that the Holder has a valid first mortgage on the Project Site subject only to (i) taxes and assessments not delinquent, (ii) liens and encumbrances permitted by the terms and provisions of the Mort- gage, and (iii) the Mortgage. Section 13. Payment and Discharge. If the Issuer shall pay or cause to be paid and discharged the Project Bond, the covenants, agreements and other obligations of the Issuer hereunder and in the Project Bond, the Agree- ment and the Assignment shall be discharged and satisfiec~ except for the obligation to make any payment re- quired under loss of tax exemption redemption provisions in Section hereof Section 14. Compliance with Open Meeting Requirements. It is hereby q)und and determined that all formal actions of this Legislative Authority concerning and relating to the adop- tion of this Bond Legislation were adopted in an open meeting of this Legislative Authority, and that all deliberations of this Legislative thority and of any of its eommlttoes that resulted in such formal action, were in meetings open to the publie, in compliance with all legal requirements, including Chapter 28A of the Code of Section 15. Payments Due on Sun- days and Holidays. In any case where the date of maturity of or due date of interest on or principal of the Project Bond shall be a Sunday or a day on which the Holder is required, or authorized or not prohibited, by law (including executive orders) to close and is closed, then payment of such in- retest or principal need not be made on such date but may be made on the next succeeding business day on which the Holder is open fur business with the same force and effect as if made on the date of maturity or such due date and no interest shall accrue for the period Special Session, August 20,1984 365 after such date. Section 16. Effective Date. This Bond Legislation shall take effect and be in force immediately upon its adop- Adopted and approved this 20th day of August, I984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khlesner moved adoption of the Resolution, Seconded by Council Member Beurskeas. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Khlesnec, Kronfeldt, Manning. Nays--Council Member Deich. Council Member Beurskens moved to remove from the table Ordinance No. 20-84 Providing for Monthly Subscriber Rates and Charges for Cable Television Basic Services (tabl- ed from Meeting of 8-8-84). Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskans, Dcich, Kinesner, Kranfeldt, Manning. Nays--Council Member Hannnel. Council Member Deich moved to table the reconsideration of Ordinance No. 20-84 Providing for monthly Subscriber Rates and Charges for Cable Television Basic Services, until the Council Meeting of September 17, 1984. Seconded by Council Member Manning. Carried by the following Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Manning. Nays--Council Members Beurskens, Kluesner, Kronfeldt, Conununicatinn of City Manager regarding application for Iowa Com- munlty Development Loan for Dubu- que Greyhound Racing Facility Pro- ject, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Spedai Session, August 20,1984 Yeas--Mayor Brady, Council Mem. bors Beurskans, Deich, Hammel, Klueener, Kronfeldt, Manning. Nays--None, RESOLUTION NO. 285-84 A Resolution Authorizing the Filing o! an Application for a $250,000 Loan From the Iowa Community Develop- ment Loan Program for the Dubuque Greyhound Racing Facility Project. WHEREAS, the City of Dubuque is to participate in the Iowa Development Loan Program as defin- ~d in Division VIII of Senate File 548, Acts of the 70th General Assembly; and WHEREAS, the City of Dubuque is providing for the creation of new jobs and in the continued development of the economic 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 pre vided through the Iowa Community Development Loan Program with local cash resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section L That the filing of an ap- plicatinn for participation in the Iowa Community Development Loan pro- gram for the Dubuque Greyhound Rac. lng Facility project is hereby approv- ed, and the Mayor is hereby authorized and directed W execute the nece~zary documentation on behalf of the City of Dubuque. Section 2. That the City b[anager is hereby authorized and directed to sub- mit in the required number of copies the executed application to the State of lows Office for planning and prograph- ming and other appropriate agenetes together with such other documents as may be required. Passed, approved and adopted this 20th day of August, 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 Members Beurskens, Doich, Hammel, Klueaner, Manning. Nays--None. Abstain--Council Member Kron- feldt. Communication of City Manager re- questing to proceeding with Eminent Domain Proceedings for property located on Chaplain Schmitt Memorial Island, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammal, Riuesner, Kronfcidt, Manning. Nays--None. RESOLUTION NO. 286-84 Reeolutinn Authozizing Eminent Do- main Proceedings for the Acquisition o~ Leasehold Rights of a Five Acre Lease Held by Industrial Ma~ag~- merit Incorporated on Chaplain Schmitt Memorial Island. WHEREAS, the City of Dubuque has been negotiating with the leasco f~r the five acre site located on Chaplain Schmitt Memorial Island which will be necessary for elements of the Dubuque Dog Racing Facility; and WHEREAS, the City of Dubuque has not been able to arrive at a suitable acquisition price for lease hold rights with the lessee; and WHEREAS, the City of Dubuque finds and determines that eminent do- main proceedings shall be instituted to acquire these leasehold interests not acquired through normal negotiations. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: ~ 1. That eminent domain pro- ceedings be instituted forthwith by the City of Dubuque, Iowa for th~ acquisi- tion of the lease hold rights held by In- dastrial Management Incorporated, land owned by the City of Dubuque on Chaplain Schmitt Memorial Island, and that the Corporation Counse~ be and is hereby ordered and directed to institute said eminent domain pro. ceedings forthwith for and on behalf of the City of Dubuque, Iowa. (Exhibit "A" Atfached). Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said emi- nent domain proceedings. Passed, approved and adopted this 20th day of August, 1984, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Dcich. Carried by Yeas--Mayor Brady, Council Mem- bors Banrskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager recommending amendment to Consent relative to Wastewater Treat- presented and read. Council Member Kinesner moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the folinwdng vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hamme], Kronfeldt, Manning. Nays--None. RESOLUTION NO. 287-84 Resolution Authorizing the Mayor and the Corporation Counsel to Ex- ecute an Amendment to Consent Decree Relative to the Wastewater Treatment Plant 366 Special Session, August 20, 1984 WHEREAS, a consent decree was filed on August 18, 1981, with the United States District Court for the northern district of Iowa, such consent decree representing the parties of the United States of America, as plaintiff, and the City of Dubuque, Iowa, as defendants; and WHEREAS, such consent decree pertains to certain improvements stipulated to be performed and com- pleted by the City of Dubuque no later than December 31, 1982; and WHEREAS, an amendment was made to the consent decree on October 4, 1982 which deleted the require- merit for the installation of a Zimpro Side Stream processing unit; and WHEREAS, the City of Dubuque has completed the installation of all the equipment identified in the con- sent decree; and WHEREAS, because of operational problams with the filter belt press the instafiation of the equipment has never been certified by a licensed pro- fessional engineer; and WHEREAS, EPA is now willing to recommend to the United States District Court for the northern district of Iowa, that the certification be waiv- ed and the conditions of the consent decree to be considered as satisfied and the consent decree be considered terminated on submittal of reports as identified in paragraph 11 of the amended document. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor and Co~ potation Counsel be authorized to sign an amendment to the consent decree between the United States American vs. the City of #79-1001, filed with the United States District Courts for the northern district of lowa on August 18, 1981. Section 2. That a signed copy of the amended consent decree be forwarded to EPA for signatures by various oft ficials of the United States~ America~, Department of Justice, the United States Environmental Protec- tion Agency, and the State of Iowa, and for filing with the United States District Court of the Norther District of lowa. Passed, approved and adopted this 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesanr, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contrac- tore of the receipt of proposals for the construction of Peru Road - Kennedy Court Sanitary Sewer, AND Com- munication of City Manager recom- mending to award contract for above to Tschiggfrie Excavating, presented and read. Council Member Deich moved that the proof of publication and com- munication be received and filed. Seconded by Council Member Ham- meL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. (Awarding Contract) RESOLUTION NO. 288-84 WHEREAS, sealed proposals have been submitted by contractors for the Peru Road - Kennedy Court Sanitary Sewer pursuant to Resolution No. 259-84 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of August. 1984. WHEREAS, said sealed proposals were opened and read on the 14th day of August, 1984 and it has been deter- mined that the bid of Tschiggfrie Ex- cavating of Dubuque in the amount of $98,675.50 was the lowest bid for the furnishing of all labor and materials Special Session, August 20, 1984 367 and performing'the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above-mentlaned im- provement be awarded to Tschiggfrie Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon 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 20th day of August, 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, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 26-84 AN ORDINANCE CHANGING THE NAME OF PARKLAND HILL DRIVE TO COUNCIL HILL DRIVE, SAID ORDINANCE HAVING BEEN presented and read at the Council Meeting of August 6, presented for final adoption. ORDINANCE NO. 26-84 AN ORDINANCE CHANGING THE NAME OF PARKLAND HILL DRIVE TO COUNCIL HILl, DRIVE. NOW, THEREFORE, BE IT ORDA1NEU BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the name of Park- land Hill Drive be and the same is hereby changed to Council Hill D~ve. Section 2. That the City Clerk be and the same is hereby authorized and directed to record a certified copy of the Ordinance in the office of the County Recorder and County Auditor of Dubuque County, Iowa. Section 3. This Ordinance shall be of full force and effect from and after its final passage, adoption and publi- cation as by law provided. PASSED, ADOPTED AND APPROVED THIS 20th day of Aubq~st, 1984. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of August, 1984. Mary A. Davis City Clerk It 8/27 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt.. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Abstain--Council Member Beur- skens. An ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by repealing Section 7-46 and enacting a new Section 7-46 in lieu thereof providing for the confine- ment of animals, said Ordinance hav- ing been read at the Council Meeting of June 18, 1984 and tabled at the Meeting of June 25, 1984, presented for final action. Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--None. Nays--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. MOTION FAILED. Communication of City Manager submitting Ordinance to coincide with that section of the State Code govern- ing operation of a Motor Vehicle while the license of the operator is denied, suspended or revoked, presented and read. 368 Special Session, August 20, 1984 Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the fol- lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 27-84 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY DELETING SECTION 25-142 AND SUBMITTING A REVISED SEC- TION 25-142 PROHIBITING DRIV- lNG WHILE LICENSE IS DENIED, SUSPENDED OR REVOKED, pre- sented and read. Council Member Beurskene moved that the reading just had be con- sidered the first reading of the dinance. Seconded by Council Member Manning. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the Meeting when final action is taken, be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 27~4 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING SECTION 25-142 AND SUBSTITUTING A REVISED SEC- TION 25-142 PROHIBITING DRIV- ING WHILE LICENSE DENIED, SUSPENDED OR REVOKED WHEREAS, the State Legislature has amended Section 321.218 of the Code of Iowa which prohibits driving w]ffie an operator's license or privilege has been denied, cancelled, suspended or revoked; and WHEREAS, State law mandates that local traffic laws not be inconsis- tent with State law; NOW THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 25-142 of the Cede of Ordinances of the City of Dubuque, Iowa be and the same is deleted therefrom and the following substituted therefore: "Sec. 25-142. Driving while license denied, suspended or revoked. (a) Any person whose operator's or chauffeur's license or driving privilege has been denied, cancelled, suspended or revoked who drives a motor vehicle aport the streets of this city while such license or privilege is denied, cancelled, suspended or revoked, commits a sim- ple misdemeanor. The sentence imposed under this section shall not be suspended by the court. (b) This Section shall not apply to a person whose license or driving priv- ilege has been revoked under Section 321.209 or Chapter 321B of the State Code of Iowa as amended." Passed, approved and adopted this 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of August, 1984. Mary A. Davis City Clerk It 8/27 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Mann- ing. Carried by the follnwing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klaesner, Kronieldt, Manning. Nays--None. Communication of City Manager re- questing affirmation of the decision to discharge a Bus Operator from the employment of the City of Dubuque, effective August 17, 1984, presented and read. Mr. Jeff Evarte, the Bus Operator referred to, explained his actions and requested Council not affirm the Manager's decision to discharge. Council Member Beurskens moved to affirm the decision of the City Manager. Seconded by Council Mem- ber Kluesner. Carried by the following vote: Special Session, August 20, 1984 369 Yeas--Council Members Beurskens, Hammel, Klueener, Manning. Nays--Mayor Brady, Council Mem- bers Delch, Kronfeldt, BOARDS AND COMMISSIONS: Housing Commission - Thr~e Vacan- cies of three year terms which will ex- pire August 17, 1987. Applicants: Patricla Caeey and Ray LaRue. Council Member Beurskens moved that Casey and LsRue be appointed to the three year terms on the Housing Commission which will expire August 17, 1987. Seconded by Council Member I~smmel. Carried by the following vote: Yeas--Mayor Brackv, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Beurskens made an appeal to the Public to apply to serve on the various City Boards and Com- missions. RESOLUTION NO. 2894t4 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled 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. Harry W. Sbetlar 1902 Central Ave. Passed, approved and adopted this 20th day of August, 1984. James E. Brady Mayor ATTEST: Mnry A. Davi~ City Clerk Council Member Beurskons moved adoption of the Resolution. S~onded by Council Member Marming. Cra-tied by the follovfmg vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Abstain--Council Member Kron- fdidt. RESOLUTION NO. 290-84 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were 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- pllcante a Beer Permit, CLASS "C" BEER PERMIT Mary Richardson 1050 University Ave. (Also Sunday Sales) Iowa Oil Company 1387 Dodge Street (Also Sunday Sales) Passed, approved and adopted this 20th day of August, 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, Couned Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning, Nays None. Abstain--Council Member Kron- feldt. RESOLUTION NO. 291-84 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 ali City Ordinances relevant thereto and they have filed 370 Special Session, August 20, 1984 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 Alia K Zazz, Inc. 1800 Radford Rd. James R. Bainbridge 1375 Locust St. M~ry L. Demmer 1445 Central Ave. Jerry Lee James 1899 Rockdaie Rd. (Also Sunday Sales) Shirley Kamentz 36 West 4th St. Tamie Kennlker Highway 20 West Melvin A. Spiegaihaiter 1029~/2 Main St. (Sunday Sales Only) Zella Mangeno 1399 Jackson (Also Sunday Sales) Passed, approved and adopted this 20th day of August, 1984. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Manning. Nays--None. Abstain--Council Member Kron- feldt. MINUTES SUBMITTED: Human Services Committee of 7-26; Promo- tion Committee of 6-21 & 7-31; Annual Report of Subcommittee of the Cable Community Teleprogrammlng Com- mission of 7-30; Historic Preservation Commission of 7-31; Public Library Board of Trustees of 7-16; Keyllne's Earning Statement and Statistics for month of July. 1984, presented and Council Member Haromel 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, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS AND SUITS: Estei[e Banfield in unknown amount for personal injuries; Agnes Fecker in amount of $111 for personal injuries; Dominic W. Goodmann in unknown amount for personal injuries; Venson O'Hara in amount of $1,500 for per- sonai injuries; Mary Weiland in unknown amount for car damage; Dubuque Savings and Loan Associa- tion vs. Terry L. Bartman et al advis- lng of foreclosure proceedings; Dubu- que Savings and Loan Association vs. Louise S. Bisenlus et al advising of foreclosure proceedings; James Wagner in amount of $4.89 for backed- up sewer damages; Steven Kiebel in unknown amount for car damages; presented and read. Council Member Hammel 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. Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel Lindahl recommending denial of personal injury claim of Wesley and Wands Atchison, presented and read. Council Member Hammel moved that the communication be received and filed and denial approved. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Marching. Nays--None. REFUNDS REQUESTED: Judy Besler and Clara Johnson in amount of $225 for unexpired Beer Permit; James Winders in amount of $422.50 for unexpired Liquor License (Notice of Garnishment from State of Iowa regarding James Winders refund in Special Session, August 20, 1984 371 the amount of $1,741.44). presented and read. Council Member Hanunel moved that the refunds be approved and F~nance Director to issue the proper checks. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Intent to release funds from Community Development Block Grant Program for Dubuque Downtown "Market Place" Project and Dubuque Downtown Hotel Construction Project and Notice of No Significant Effect on the Environment for project identified as Dubuque Downtown "Market Place" and Dubuque Downtown Hotel, presented and read. Council Member Hammel moved that the proofs of publication be received and filed. Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich. Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Housing and Ur- ban Development advising of receipt of Dubuque's Urban Development Ac- tion Grant Application, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Petition of Connie L. Risdl re- questing a four-way stop be set up at 12th & Elm Streets, presented and read. Council Member Hammel moved that the petition be referred to the Ci- ty Manager. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager submitting response regarding fifteen minute parking request on University Avenue and recommending denial of request, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager ad- vising establishment of player fees for adult Athletic Program as set by the Park and Recreation Commission, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. There being no further business, Council Member Deich moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Khiesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved 1984 Adopted 1984 Mayor 372 Special Session, August 20, 1984 Special Session, Augdst 27, 1984 373 Council Members ATTEST: City Clerk CITY COUNCIL OFFICIAL Special Session, August 27, 1984. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beorskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. City Manager W. Kenneth Gearhart, Cor- poration Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to Consider Authoriz- lng City Manager to Issue a Purchase Order for the Purchase of a Lure System from Greyhound Equipment Co. in an estimated amount of $45,443.86. Communication of City Manager re- questing authorization to purchase a Lure System from Greyhound Equip- ment Co. in the estimated amount of $45,443.86, presented and read. Council Member Beurskens moved that the communication be received and filed and City Manager authorized to execute purchase order. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesper, Manning. Nays--Council Member Kronfeldt. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Mary A. Davis City Clerk Approved 1984 Adopted __1984 Mayor Council Memb~'s ATTEST: City Clerk