1984 SeptemberCouncil Proceedings374
Special Session, Au
ust 27,1984
Regular Session, September 3, 1984
CITY COUNCIL
OFFICIAL
l~galar Session, September 3, 1984.
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers.
No Members of the Council being
present, the meeting was adjourned
subject to call.
Mary A. Davis
~ity Clerk
Approved__1985
Adopted 1985
Mayor
Council Members
A'I~EST:
City Clerk
375
376
CITY COUNCIL
Adjourned Regular Session, September 4,1984
the Publisher, on Notice of Public
OFFICIAL
Adjourned Regular Session,
September 4, 1984.
Council Met at 7 30 o clock p.m, in
the City Hall Council Chambers.
Present--Mayur Brady, Council
Members Banrskens, Daich, Hammel,
Kluesner, Kronfeldt, Manning, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindahl.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is AN AD-
JOURNED SESSION OF THE REG-
GULAR SESSION OF SEPTEMBER
3, 1984 called for the purpose to act
upon such business which may proper-
ly come before the Council.
Invocation was given by Rev. Fran-
cis Brockman, Pastor of St. Luke's
Methodist Church.
Council Member Hammel was sworn
in as Mayor Pro-Tern by Mayor Brady,
PROCLAMATIONS: September 2-8
as "Union Label Week" received by
Don Deich; September 2-9 as "Square
Dance Week" received by Bev Sutter;
Week of Sept. 9th as "YWCA Bat-
tered Women Advocates Week"
received by Susan Harnish; Sept. 24th
as "Integrity Day"; Month of Sept. as
"Buy American Month".
Congratulations to "Tri-State
Junior Achievement Program" receiv-
ed by Dave Withee;
Special Congratulatory Letters to
JA Honorees: Tony Link, Chris
Walton, Jill Von Fumetti and Pat
Davldshofer.
Jerry Guy from the Durrant Group
gave a report on the progress and
status of the Race Track Facility.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel
Kluesner. Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
Hearing for the purpose to consider a
Lease between the City of Dubuque
and the Dubuque Racing Association,
Ltd., to lease a portion of the Chaplain
Schmltt Memorlul Island for the pur-
pose of conducting Dog Racing Meet-
ings, presented and read.
There were no wrltten objections
recelved.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the follow-
~ng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammni,
Ktuesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting revised Lease/Agreement
between the City of Dubuque, Iowa
and the Dubuque Racing Assn.,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Mayor Brady moved to amend Sec-
tion 34 of the Lease/Agreement.
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--Council Member Deich.
Terry Harrmann and Arnie
Honkamp of the Dubuque Racing
Assn. spoke to the proposed amend-
ment.
RESOLUTION NO. 292-84
Authorizing the Execution of a Lease
by and Between the City of Dubuque
~nd the Dubuque Racing Association,
LTD.
WHEREAS, pursuant to Resolution
No. 282-84 adopted by the City Coun-
cil on August 20, 1984, and public
notice of time and place of hearing
Adjourned Regular Session, September 4, 1984
377
published in the Telegraph Herald, a
newspaper of general circulation on
August 24, 1984, in the City of Dubu-
que, Iowa, the City Council of the City
of Dubuque, Iowa met on the fourth
day of September, 1984, in Council
Chambers, City Hall, 13th and Cen-
tral, Dubuque, Iowa, to consider a
lease by and between the City of Dubu-
que, Iowa and the Dubuque Racing
Association, Ltd.; and
WHEREAS, the lease provides that
the City will construct a certain
greyhound racing facility on a portion
of Schmitt Island and to lease the
track facility to the Association for a
period of years of not less than the
time required to retire certain general
obligation bends issued and sold by
the City of Dubuque to aid in the
financing of the construction of the
track facility; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, overruled any
and all objections, oral or written, to
the proposed lease.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the proposal to enter
into a lease by and between the City of
Dubuque and the Dubuque Racing
Association for the purpose of the City
leasing to the Association a portion of
Schrnitt Island for the purpose of
operating a greyhound racing facility
be and the same is hereby approved.
Section 2. That the Mayor be and he
is hereby authorized and directed to
execute said lease for and on behalf of
the City of Dubuque, Iowa.
Section 3. That the City Clerk be and
she is hereby authorized and directed
to file a certified copy of this resolu-
tion together with a true copy of the
lease in the office of the Dubuque
County Recorder and in the office of
the City Assessor.
Passed, approved and adopted this
4th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Planning and
Zoning Commission submitting Site
plan for the Dubuque Racing Facility
and requesting Council approval,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed and Site plan approved.
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 recessed at 10:00 p.m.
Council reconvened at 10:12 p.m.
Proof of publication, certified to by
the Publisher, on Notice of Pendency
of Resohition of Necessity for public
improvements and public hearing
upon proposed plans and specifics-
tions, form of contract and cost of im-
provement for the Dubuque Racing
Facility Bid Package "A" for Driven
Piles, Excavation and Concrete Work
and Precast Concrete Systems,
presented and read.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 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-
rice of the City Clerk showing among
other things the plans, specifications
ond form of contract for the improve-
ment, and an estimate of the cost for
378
Adjourned Regular Session, September 4, 1984
the Dubuque Racing Facility Bid
Package "A" For Driven Piles, Ex-
cavation and Concrete Work and
Precact 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
persons at the time of the final con-
sideration of this proposed resolution
have ~ed objections with the City
Clerk to the proposed plans, specifics-
tlons, 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-
ail 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 introduc-
ed, approved and ordered placed on file
with the City Clerk this 20th day of
August, 1984.
Approved and placed on file for final
action.
James E. Brady
Mayor
Aq'rEST:
Mary A. Davis
City Clerk
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 4th day of
September, 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, Hammai,
Kluesner. Kronfeldt, Manning.
Nays--None.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 293-84
WHEREAS, proposed plans and
specifications and form of contract for
the Dubuque Racing Facility Bid
Package "A" For Driven Piles, Ex-
cavation and Concrete Work and
Precast Concrete Systems have been
approved by the City Council of the Cf-
ty of Dubuque and public notice given
as provided by the Cede of Iowa per-
teining to public contracts and bonds,
~nd the time and place fixed for the
bearing of all objections to said plans,
specifications or contract for or cost of
such improvements, said time being
this 4th day of September, 1984; and
WHEREAS, the City Council met in
adjourned regular session this 4th day
of September, 1984, at 7:30 p.m. at the
City Hall Council Chambers for the
purpose of hearing all interested par-
les and considering any and ali objec-
tions which have been filed to the pro-
)eeed plans, specifications or contract
for or cost of the improvement herein
iescribed and proposed to be made;
~nd
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 nil 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 ail
objections which have been filed to the
~lans, specifications and form of cost
said improvement be made a matter of
~ermanent record in connection with
said improvement.
Passed, approved and adopted tl2s
4th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. D~vis
City Clerk
Council Member Beurskens moved
Adjourned Regular Session, September 4, 1984
379
adoption of the Resolution. Seconded
by Council Member Manning. C~ried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
IGuesner, Kronfeldt, Manning,
Nays--None.
(Ordering Construction)
RESOLUTION NO. 294-84
BE IT RESOLVED BY THE CITY
COUNCIL OF DUBUQUE that pur-
suant to a Resolution of Necessity No,
279-84 which was duly passed by this
Council for the Dubuque Racing Facili-
ty Bid Package "A" For Driven Piles,
Excavation and Concrete Work and
Precast Concrete Systems be and the
same are hereby ordered and con-
structed by this Council upon its own
motion and with or without the peti~
tion of property owners. Ali the work
shall be const~-acted 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 General
Obligation Bond Funds.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and ad~pted this
4th day of September, 1984.
dames E. Brady
Mayor
A'I'I~EST:
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, Kronfeldt. Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tots of the receipt of proposals for con-
struction of Dubuque Racing Facility
Bid Package "A" for Driven Piles, Ex-
cavation and Concrete Work and
Precast Concrete Systems, AND Com-
munication of City Manager recom-
mending to award contracts for above,
presented and read.
Council Member Beurskens moved
that the proof of publication and the
communication be received and filed.
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel.
Kluesner, Kronfeldt, Manning.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 295-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Foundations for Dubuque Dog Racing
Facility - Driven Piles pursuant to
Resolution No. 281-84 and notice to
bidders published in a newspaper
published in the City of Dubuque,
Iowa on the 23rd day of August, 1984.
WHEREAS, said sealed proposals
were opened and read on the 30th day
of August~ 1984 and it has been deter
mined that the bid of Blackhawk
Foundation Co. Inc. of Geneseo, Il-
linois in the amount of $323,500.00
was the lowest bid for the furnishing
of all labor and materials and perform-
Lng 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 improvement be awarded
to Blackhawk Foundation Co., Inc.
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 con-
tract and the approval of the contrac-
tor's bond, the City Treasurer is
authorized and instructed to return
the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
38O
Adjourned Regular Session, September 4, 1984
4th day of September, 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, Kronfeldt, Manning.
Nays--None.
(Awarding Contract)
RESOLUTION NO, 296-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Foundations for Dubuque Dog Racing
Facility - Excavation and Concrete
Work pursuant to Resolution No.
281-84 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 23rd day of
August, 1984.
WHEREAS, said sealed proposals
were opened and read on the 30th day
of August, 1984 and it has been deter-
mined that the bid of Rinderknecht
Associates of Cedar Rapids, Iowa in
the amount of $419,300.00 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 improvement be awarded
to Rinderknecht Associates and the
Manager be and is hereby directed to
execute a contract on behalf of the
City of Dubuque for the complete per-
formance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
tract and the approval of the contrac-
tor's bond, the City Treasurer is
authorized and instructed to return
the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
4th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 29784
WHEREAS, sealed proposals have
been submitted by contractors for the
Foundations for Dubuque Dog Racing
Facility - Precast Concrete Systems
pursuant to Resolution No. 281-84 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 23rd day of
August, 1984.
WHEREAS, said sealed proposals
were opened and read on the 30th day
of August, 1984 and it has been deter-
mined that the bid of Price Bros.
-Midwest Inc. of Reche]le, Illinois in
the amount of $532,796.00 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 improvement be awarded
to Price Bros.- Midwest Inc. and the
Manager be and is hereby directed to
execute a contract on behalf of the
City of Dubuque for the complete per-
refinance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
tract and the approval of the contrac-
tor's bond, the City Treasurer is
authorized and instructed to return
the bid deposits of the unsuccessful
bidders.
Passed, approved, and adopted this
Adjourned Regular Session, September 4, 1984
381
4th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Bearskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Mamaing.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider an Ordinance pro-
riding for the regulation of Junk
Dealers, Secondhand Dealers, and
Pawnbrokers; Communication of
Dulane Schoen, Schoen's Antiques,
objecting to portions of proposed Or-
dinance; Communication of Donald
Holz, owner of Dondi Enterprises, ob-
jecting to parts of proposed Ordinance
concerning regulation of Junk Dealers,
Secondhand Dealers and Pawnbrok-
ers; Communication of Fred Weiler,
K & M Coins & Stamps, objecting to
portions of proposed Ordinance; Com-
municatlon of North End Wrecking
Co., submitting comments regarding
Secondhand Dealers, Junk Dealers,
and Pawnbrokers Ordinance; Com-
munication of Anna Mae Smith,
Starlite Gem & Jewelry, objecting to
fee increase of $150 on proposed Or-
dinance, presented and read.
Council Member Kronfeldt moved to
receive and file the proof of publication
and the communications. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Steve Simon, Al Blum, Fred Weiler,
Leslie Toth, Elmer Engelken, John
Shulan, Colleen Wallace, Don Dix, Don
Holz, ali spoke to the proposed Or-
dinance, objecting to various portions.
An ORDINANCE Amending the
Code of Ordinances by repealing
Chapter 22 thereof and enacting a new
Chapter 22 in lieu thereof providing
for the regulation of Junk Dealers,
Secondhand Dealers, and Pawn-
brokers, presented and read.
Council Member Kronfeldt moved
that this Ordinance be tabled. Second-
ed by Council Member Manning. Ca~
ried by the following vote:
Yeas--Mayor Brady, Council Mem~
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Recessed at 12:00 o~clock
midnight.
Council Reconvened at 12:10 o'clock
A.M.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider an Option Agree-
ment between Susan M. Balsamo and
City of Dubuque to purchase certain
property located on east end of
Rhomharg Ave., presented and read.
There were no written objectlons
received and no oral objectors present
at the time set for the Hearing.
Council Member Deich moved that
the proof of publication 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.
RESOLUTION NO. 298-84
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion published on August 23, 1984, in
the City of Dubuque, Iowa, the City
Council of the'City of Dubuque, Iowa
met on the 4th day of September, 1984
at 7:30 p.m. (DST) in the City Council
Chambers in City Hall, Dubuque, Iowa
to consider the proposal to enter into
an Option Agreement by and between
SUSAN M. BALSAMO, as Purchaser.
and CITY OF DUBUQUE, as Seller,
for the sale of real estate described as:
The vacated roadway of Rhomberg
Avenue from tho north property line
of Lot 2 of Lot 1 of Boatyard Addi-
tion to its northerly terminus
for the total purchase price of Four-
teen Thousand and no/100 ($14,000.00)
382
Adjourned Regular Session, September 4,198~
Dollars, and that the purchaser shall
be responsible for platting costs,
publication costs and documentary
stamps, if required, and upon the
terms and conditions set out in said
Option Agreement, a copy of which is
a part hereof; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and ail objections, oral or written, to
the proposal to enter into said Option
Agreement under the terms and condi-
tions set out therein;
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the proposal to enter
into an Option Agreement by and bet-
ween SUSAN M. BALSAMO, as Pu~
chaser, and the CITY OF DUBUQUE,
as Seller, for the real estate
hereinabove described for the purchase
price of $14,000.00, plus costs
publication and platting and
documentary stamps, il
upon the terms and conditions set
forth in said Option Agreemen$ a copy
of which is hereto attached and made a
part hereof by reference, be and the
same is hereby approved,
Section 2. That the Mayor and the
Cig?/ Clerk be and they are hereby
authorized and directed to execute
said Option Agreement for and on
behalf of the City of Dubuque.
Section $. That the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the offices of
the Dubuque County Recorder and the
City Assessor.
Passed, approved and adopted this
5th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
. Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hamme]
Klueener, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to vacate portion of the north
side of Fourth Street between Iowa
and Main Streets, presented and read.
No written objections were received
and no oral objectors were present.
Council Member Kroofaldr moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Beerskens. Carried by ths
~oilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfaldt, Manning.
Nays--None.
Mr. Michael Coyle, on behalf of In-
vestment Counselors, Inc. addressed
the Council and requested delay of ap-
proval of documents to the meeting of
November 5, 1984.
A Resolution Approving Plat of
vacation of north side of Fourth St.
between Iowa and Main Sts.; An Or-
dinance Approving vacation of portion
of the north side of 4th St. betwcen
Iowa and Main Sts. in the City of
Dubuque and disposing of the same to
Investment Counselors, Inc. AND a
Resolution Approving disposal of
vacated land to Investment
Counselors, Inc. and authorizing
Mayor to execute Quit Claim Deed,
presented and read.
Council Member Kconfeldt moved
that the above be tabled until the
Council Mecting of Nov. 5th. Seconded
by Council Member Manning. 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 Intent to
enter into contract for sale of land for
redevelopment with Investment Court-
selors, lac, presented and read.
Council Member Kronfeldt moved
that this matter be tabled until the
Council Meeting of Nov. 5th. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
Adjourned Regular Session, September 4, 1984
383
bars Beurskens, Deich, Haminel
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Resolution providing for
Public Hearing to be set to lease 3.45
acres of property on Chaplain Schmitt
Memorial Island to Beecher Sand Ltd.
(Industrial Management Incorpora-
flea), presented and read.
Council Member Beurskens moved
to receive and file the communication
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Council Members Beurskens
Dsich, Hammel, Kluesner, Kronfeldt
Manning.
Nays--Mayor Brady.
RESOLUTION NO. 299-84
WHEREAS, the City of Dubuque
entered into a Lease Agreement with
Beecher Sand Ltd. IIMII under resolu-
tion 229-79 on August 24, 1979 for
land on Schmitt Memorial Island; and
WHEREAS, thirteen plus/minus
acres was identified as the site to be
used for dredging purposes, and five
acres was identified as a plant site; and
WHEREAS, leasee agreed to pay
the City of Dubuque an annual rental
of $600.00 per acre for the plant site
(nominally five acres) in addition paying
the City a royalty of ten cents per ton
for ali materials sold from this plant
site by the leasee, in addition the lease
provided that annual adjustments be
made in the rental rate predicated on
increases or decreases in the CPI; and
WHEREAS, the five acre site was
initially located south of the City
Island bridge, but the lease provided
that after December 31, 1982 that the
City of Dubuque could require the
laasee to relocate the plant site; and
WHEREAS, the five acre plant site
was relocated north of the City Island
bridge as a result of the development
of the Schmltt Memorial Recreation
Complex; and
WHEREAS, the five acre plant site
is now required for the Dubuque Dog
Racing Facility; and
WHEREAS, the City Council on
August 20, 1984 authorized the in-
stitution of eminent domain pro-
ceedings for the acquisition of this five
acre site; and
WHEREAS, it is the desire of the
City to provide the leasee with an
alternate location for a plant site in
order to benefit from the thirteen acres
planned for dredging purposes; and
WHEREAS, a 3.45 acre site is
available south of the City Island
bridge as shown on Exhibit B for
potential use by leasee; and
WHEREAS, the City Council of the
City of Dubuque, Iowa finds that said
amendment to Lease Agreement
should be approved after appropriate
public hearing on disposition of real
estate.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. An amendment to the
Lease Agreement dated August 14,
1979 between the City of Dubuque,
Iowa and Beecher Sand Ltd., be ap-
proved as one of the mitigative
measures for relief to the leasee in the
operation of his lease facilities.
Section 2. That the City Clerk be and
she is hereby directed republish notice
of intent to dispose of the interest in
this real estate as required under Sec~
tion 364.7of the Code of lowa~ 1983or
as amended.
Passed, approved, and adopted this
5th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution and set this
matter for Public Hearing on
September 17, 1984 at 7:30 p.m. in the
Carnegie Stout Public Library and
that the City Clerk publish notice in
the manner prescribed by law. Second-
ed by Council Member Dsich. Carried
by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Kluesner, Kronfeldt,
Adjourned Regular Session, September 4,1984
Manning.
Nays--Mayor Brady.
Petition of parking tenants of Lot
No.'9 located adjacent to Ecumenical
Towers (containing 45 signatures) ob-
jecting to parking fee increase from a
former rate of $16 per individual space
to the current asking rate of $25 per in-
dividual space;
Communication of City Manager
submitting an Ordinance providing for
establishing a fee on a specific parking
lot and an Ordinance Amending Code
of Ordinances by enacting a new
subsection (2) to Section 25-307 in lieu
thereof providing for a fee on a specific
parking lot, presented and read.
Council Member Kronfeldt moved
that the above be tabled. Seconded by
Council Member Manning, Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager rs-
questing approval of an Agreement
between the City and the Dubuque
Area Chamber of Commerce for provi-
s~on of Economic Development Set-
vices during Fiscal Year
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch,
Kluesner, Kronfetdt, Manning.
Nays--None.
RESOLUTION NO. 3{}0-84
A Resolution Approving an Agree-
meet for Economic Development Ser-
vices with the Dubuque Area Chamber
of Commerce as Administrative Agent
for an Economic Development Steer-
ing Committee for Fiscal Year
1984-1985 and Authorizing and Direc-
ting the Mayor to Execute.
WHEREAS, the City Council of the
City of Dubuque, Iowa desires to
maintain an economically viable com-
munity by encouraging private sector
development winch produces jobs for
the unemployed and expands job op.
portunities for persons of low and
nederato income; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that a program of economic develop-
caent research and the promotion of
economic development opportunities
through the provision of services to
local business and industry and
through the recruitment of now firms
to the Dubuque labor market is a
necessary element in a program of
economic enhancement; and
WHEREAS, the Dubuque Area
Chamber of Commerce is the ad-
ministrative agent for on Economic
Development Steering Committee
composed of representatives of the
County of Dubuque, the Dubuque
Area Industrial Development Cor-
poration, the United Labor Participa-
tion Committee, the Chamber of Com-
merce and the City of Dubuque; and
WHEREAS, the City of Dubuque
has budgeted and committed certain
Community Development Block Grant
funds for the support of the objectives
noted above; and
WHEREAS, the Dubuque Area
Chamber by virtue of its experience
and other professional qualifications
and acting on behalf of the Economic
Development Steering Committee, has
proposed to enter into an Agreement
Ifor the provision of economic develop-
naent services hereto attached and
marked Exinint "A".
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Agreement for
Economic Development Services,
hereto attached and marked Exhibit
"A " is hereby approved and the Mayor
is hereby authorized and directed to
execute said Agreement.
Section 2. That the City Manager be
and he is hereby authorized to make
such payments to the Dubuque Area
Chamber of Commerce as are provided
the aforesaid Agreement, in an
amount not to exceed $30,000 from
Community Development Block Grant
Adjourned Regular Session, September 4, 1984
385
funds as provided for in the FY
bndgs~ according to the terms and
conditions for payment set forth in
said Agr~emen~
Passed, approved and adopted tins
5th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hmnmel moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurekens, Deich, Hammel
Eluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager r~-
questing Mayor be authorized to
ecute a Purchaeo of Service Agree-
ment with the Retired Senior
Volunteer Program for the fiscal year
beginning July 1, 1984, presented and
read,
Council Member Hammel moved
that the communication be received
and filed and approved. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Fiscal Year 1984 Street
Finance Report, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfoldt, Manning.
Nays--None.
RESOLUTION NO. 301-84
Resolution Approving the City of
Dubuque, Fiscal Year 1984, Street
Finance Report
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa:
Section 1. That the street finance
report for the period July 1, 1983 to
June 30, 1984 be and the same is hereby
appmvec~ and that the City Clerk is
hereby authorized and directed to fil~
said r~port with the lows Department
of Transportation, on or before
September 10, 1984.
Passed, approved and adopted tins
5th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
questing acceptance of structural
modifications of City Hall project,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Accepting Improvement)
RESOLUTION NO. 302-84
WHEREAS, the contract for the
Structural Modifications at City Hall
has been completed and the City
Manager has examined the work and
fled ins certificate stating that the
smae has been completed according to
the terms of the contract, plans and
specifications and recommends its ac-
ceptance;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
ment be and the same is hereby ac-
cepted.
386
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
ter from Revenue Sharing Funds in
amount equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, approved and adopted this
5th day oI September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Final Estimate)
RESOLUTION NO. 303-84
WHEREAS, the contract for the
Structural Modifications at City Hall
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the cost of said ira-
provement is hereby determined to be
$90,135.00 and that said amount shall
be paid from the Revenue Sharing
Funds of the City of Dubuque,
Passed, approved and adopted this
5th day of September, 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, Hummel
Adjourned Regular Session, September 4,1984
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending acceptance of Chaplain
Sehmitt Memorial Island Park &
Recreation Complex · Backstop,
Dugout and Interior Fencing Project,
presented and read.
Council Member Hummel moved
that the eonnnunication be received
and filed. Seconded by Council
Member Beursknns. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Accepting Improvement)
RESOLUTION NO. 304-84
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex, Back-
stop, Dugout and Interior Fencing has
been completed and the City Manager
has examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract plans and specifica-
tions and recommends its acceptance;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
ment be and the same is hereby ac-
cepted.
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tor from CIP levy. private funds and a
grant from the Iowa Conservation
Commission and the U.S. Department
of the Interior in amount equal to the
amount of his contract, less any retain-
ed percentage provided for therein.
Passed, approved and adopted this
5th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
Adjourned Regular Session, September 4, 1984
387
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Final Estimate)
RESOLUTION NO. 305-84
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex,
Backstop, Dugout and Interior Fenc-
big has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
cinding the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
$60,191.50 and that said amount shall
be paid from the CIP levy, private
funds and a grant from the Iowa Con-
servation Commission and the U.S.
Department of the Interior of the City
of Dubuque, Iowa
Passed, approved and adopted this
5th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the following vote:
Yeas Mayor Brady, Council Mem-
hers Beurskens. Deich, Hummel,
Kluesner. Kronfeldt, Manning,
Nay~ Nene.
Communication of City Manager re-
questing Temporary Laborer Position
to assist in Water Meter Replacement
Program, presented and read.
Council Member Hammel moved
that the communication be received
and filed and position approved.
Seconded by Council Member Bents-
kens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Eluosner, Kronfeldt, Manning.
Nays--None.
Petition of Council Member
Kronfeldt requesting information
regarding Dubuque In-Future relative
to membership, minutes for the last
six months, status of property
disposal and a Profit and Loss State-
ment, presented and read.
Council Member Kronfeldt moved
that the petition be received and filed.
Seconded by Council Member Bour*
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of President of
Dubuque In-Future, Inc. requesting
amendment to Memorandum of Agree-
ment with Dubuque In-Future, Inc.
presented and read.
Michael Pratt, 514 Napier, spoke to
the above and requested favorable
consideration,
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
A Resolution Amending Memoran-
dum of Agreement between the City of
Dubuque and Dubuque In-Future,
Inc., presented and read.
Council Member Kronfe]dt moved to
deny enactment of the Resolution.
Seconded by Council Member Deich.
Vote on the mo~ion was as follows:
Yeas--Mayor Brady, Council Mem-
bers Deich, Kronfeldt.
Nays--Council Members Beurskens,
Hammel. Kluesner.
Abstain--Council Member Mann-
mC.
MOTION FAILED.
Council Member Kronfeldt moved to
table action on the Resolution to the
Council Meeting of September 17,
388
Adjourned Regular Session, September 4, 1984
1984. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Kluesner, Kronfeldt,
Manning.
Nays--Mayur Brady.
Communication of City Manager r~
questing approval on the guarantee to
performance on purchase Agreement
between Dubuque In-Future and
owners of Penney's building,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
gluesner, Kronfaldt, Manning.
Nays--None.
A Resolution Authorizing Accep.
tance of (1) A Loan Agreement Pro-
viding for the Loan of $280,000 of
Community Development Block Grant
Funds to Dubuque In-Futoro, Inc. and
(2) a Guarantee to Performance on
Purchase Agreement between Dubu-
que In-Future, Inc. and the Owners of
the Former J.C. Penney Building in
Downtown Dubuque, presented and
read.
Mayor Brady moved to amend the
Loan Agreement to include Section 19.
Seconded by Council Member Krnn-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kronfeldt
Manning.
Nays--Council Members Beurskens
Hammel.
RESOLUTION NO. 306-84
A Resolution Authorizing Acceptance
of (1) a Loan Agreement Providing for
the Loan of $280,000 of Community
Development Block Grunt Funds to
Dubuque In-Future, Inc. and (2) n
Guarantee to Performance on Pur-
chase Agreement B~etween Dubuque
In-Future, Inc. and the O~vners of the
Former J.C. Penney Building in
Downtown Dubuque.
WHEREAS, Dubuque In-Future
Inc. was established as a non-profit
Iowa corporation in July, 1980, to
render service to the City Council of
the City of Dubuque on matters of
community interest, in particular to
sponsor projects directed to serving
the needs of low and moderate income
persons through the improvement of
employment conditions and through
the general betterment of the com-
munity; and
WHEREAS, the City of Dubuque
and Dubuque In-Future, Inc. desire to
acquire certain under-utilized proper-
ties in the Dubuque downtown area for
redevelopment in accordance with Ci-
ty objectives; and
WHEREAS, the City Council of the
City of Dubuque has adopted Resolu-
tion No. 200-84 dated July 3, 1984 pro-
riding for a loan not to exceed
$380,000.00 to Dubuque In-Futoro,
Inc. for the purpose of acquiring and
holding for disposition the property at
790 Main Street (former Kresge Store)
and 855 Main Street (former J.C. Pen*
ney Store); and
WHEREAS, Dubuque In-Future,
Inc. has negotiated and is now
prepared to enter into an installment
reel estate contract for the purchase of
855 Main Street subject to City ap-
proval of a loan agreement and
guaranty as security for the real estate
contract; and
WHEREAS, a Loan Agreement and
Guaranty have been executed by
Dubuque In-Future, Inc., and the
same are hereto attached and by this
reference made a part hereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the above-referenced
Loan Agreement and Guaranty are
hereby approve~
Section 2. That the Mayor and City
clerk be and they are hereby authoriz-
ed and directed to endorse the aecep-
tance of the City of Dubuque, Iowa,
upon said Loan Agreement and said
Guaranty.
Section 3. That the City Manager be
and he is hereby authorized to disburse
funds according to the Loan Agree-
meat from the Community Block Grant
Adjourned Regular Session, September 4,1984
389
Entitlement Fun~L
Passed, approved and adopted this
5th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution, Seconded
by Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalnk, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Rose Marie Mon-
tgemery submitting resignation from
Dock Commission effective August
15, 1984, presented and read.
Council Member Kronfaldt moved
that the communication be received
end filed and resignation accepted.
Seconded by Council Member Ham-
mci. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
BOARDS AND COMMISSIONS:
Housing Commission - 1 Three year
term which will expire 8-17-87; Ap-
plicants: Doris Hingtgen, Linda
McDonald.
Council Member Beurskens moved
that Linda McDonald be appointed to
the Housing Commission. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Airport Commission - Council Member
Kronfeldt moved to table appointment
to the Airport Commission until the
Council Meeting of Sept. 17. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kronfeldt, Manning.
Nays--Council Members Beurskens,
Hammel, Kluesner.
TRANSFERS REQUESTED: Nites
of the Square Table to transfer Beer
Permit from 2900 Dodge St. to
Schmitt Harbor, 16th St. Harbor dur-
ing Riverfest Days, Sept. 14, 15 & 16;
Clarke College requesting to transfer
their Beer Permit to the parking lot at
Clarke College on Sept. 8th; The Brew-
lng Co. requesting to transfer their Li-
quor License from 951 Main St. to
Town Clock Plaza at 7th St. on 9-14, 15
& 16; Old German Bank Liquor
License from 342 Main St. to Town
Clock Plaza on Sept. 16, 1984,
presented and reed.
Council Member Deich moved that
the transfers ho approved. Seconded
by Council Member Beurskens. Car-
ried by the fonowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 307-84
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-
plicante a Beer Permit.
CLASS "B" BEER PERMIT
Holy Trinity Parish
1700 Lincoln Ave.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Rendall's International, Inc.
3500 Dodge St.
(Also Sun~iay Sales)
Passed, approved and adopted this
5th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
39O
Adjourned Regular Session, September 4, 1984
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 308-84
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
Tammy A. Edens & pamela L. Knourek
342 Main St.
(Sunday Sales Only)
Happy's Place, Inc.
2323 Rockdale Road
(Also Sunday Sales)
Passed, approved and adopted this
5th day of September, 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-
bers Beurskens, Deich, Hammel,
Kluesner, Kro~ffeldt, Manning.
Nays--None.
MINUTES SUBMITTED: Historic
Preservation Comm. of 8-14; Five
Flags Comm. of 8-29 and Fiscal Year
1984 Year End Report; Human Rights
Comm. of 8-27; Planning and Zoning
Commission of 8-22; Zoning Board of
Adjustment of 8-16, presented and
read.
Council Member Kronfeldt moved
~hat the minutes be received and filed.
Seconded by Council Member Beurs-
kens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
NOTICES OF CLAIMS AND SUITS:
Cherry L. Mallaro vs. Zella A.
Mangeno et al in the amount of
$55,000 for personal injuries; Joseph
C. May et ux in amount of $900 for
loss to personal property and labor
due to water leakage at property
located at 1759 Lori St.; Joseph H.
Morong et ux vs. Victoria A. Ellis et al
in unknown amount for personal in-
urles, presented and read.
Council Member Kronfeldt moved
that the claims and suits be referred to
the Legal Staff for investigation and
Staff. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deinh, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Corporation
Counsel Lindahl recommending settle-
ment in amount of $1,770.00 plus ten
percent interest and $52.60 court costs
in damage claim of General Casualty
Co. of Wisconsin for their client
William Pender, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed and settlement approved
with Finance Director to issue proper
check. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamxnel,
tGuesner, Kronfeldt, Manning.
Nays--None.
Communications of Corporation
Counsel Lindahl recommending de-
niais of following claim: property
damage claim of Daniel Bastlan; per-
sonai injury claim of Robert Kress;
Adjourned Regular Session, September 4, 1984
391
property damage claim of Cynthia
Oberfoeli; property damage claim of
Steven Turner; Injury claim of Estelle
Banfield; Property damage claim of
Steven Kiebel; Personal injury claim
of Venson O'Hara, presented and read.
Council Member Kronfeldt moved
that the communications be received
and filed and denials approved.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays None.
REFUNDS REQUESTED: Jim Kit-
chef, $221.25 on unexpired Liquor
License; Evening Optbnist Club, $225
on unexpired Beer Permit, presented
and read.
Council Member Kronfeldt moved
that the refunds be approved and
Finance Director to issue proper
checks. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas Mayor Brady, Council Mem-
bers Beurskens, Deich, Itammel,
Kluesner, Kronfeldt, Mannlng.
Nays--None.
Department of Water, Air and
Waste Management advising of per-
mit to Tschiggfrie Excavating for
Tschiggfrie Commercial Property,
presented and read.
Council Member Kronieidt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner~ Kronfeldt, Manning.
Nays None.
Proof of publication, certified to by
the Publisher, of List of Claims and
Receipts for month of July, I984,
presented and read.
Council Member Kronfeldt moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich~ Hammel~
Kluesner, Kronfeldt, Manning.
Nays--None.
Board of Trustees submitting their
financial report of the City's Fire Pen~
sion Fund, Fire Retirement System,
Police Pension Fund and Police Retire-
ment System, presented and read.
Council Member Kronfeldt moved
that the report be received and filed
and approved. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, HammeI,
Kluesner, Kronfeldt, Manning.
Nays None.
1:30 A.M. Council Member
Kronfeldt moved to go into Closed
Session to discuss pending litigation.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None
1:51 A.M. Council Reconvened.
Mayor Brady advised Legal Counsel
had been g~vcn direction regarding
There being no further business,
Council Member Kronfoldt moved to
adjourn. Seconded by Council Member
Kluesner. Carried by the fotJowing
vote;
Yeas Council Members Deich,
Hammel, Kluesner, Kronfeldt.
Nays None.
Absent--Mayor Brady, Council
Members Beurskens, Manning.
Mary A. Davis
City Clerk
Approved 1985
Adopted 1985
Mayor
392
Adjourned Regular Session, September 4, 1984
Council Members
ATTEST:
City Clerk
Spec/al Session, September 5, 1984
393
CITY COUNCIL
OFFICIAL
Special Session, September 5, 1984.
Council Met at 12:00 o'clock noon at
the City Hail Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning, City Manager W.
Kenneth Gearhart.
Absent--Council Member Kron-
feldt.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to CONSIDER A
RESOLUTION DIRECTING SALE
OF $7,900,000 GENERAL OBLIGA-
TiON BONDS.
Proof of publication, certified to by
the Publisher, on Notice of Sale of
$7,900,000 City of Dubuque, Iowa,
General Obligation Bonds, presented
and read.
Council Member Deich moved that
the proof of publication be received
and filed. Seconded by Council
Member Hanunel. Carried by the fol-
lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
The City Clerk then made three calls
for any additional sealed bids. No fur-
ther bids being received, therefore,
formal bidding for sealed bids was
dosed. Mr. Richard Pavia of the Speer
Financial, Inc. then read the two bids
which had been received by the City
Clerk prior to noon.
September 5, 1984
The Honorable Mayor and
City Council
City Hall
13th and Central
Dubuque, Iowa 52001
Gentlemen:
Bids were received today covering $7,900,000 City of Dubuque, Iowa,
General Obligation Bonds. There were two bids received wh/ch are listed at the
bottom of this letter in accordance with the attached signed bids.
Upon examination, it is our opinion that the bid of the Northern Trust Co.
and Associates is the best bid received, and it is further our opinion that it is
favorable to the City and should be accepted. We therefore recommend that the
bonds be awarded to that bidder at par and accrued interest plus a premium of
$103.00, being at a net interest rate of 9.86900 % at the rates specified in the bid.
Net Interest
Account Managers Rate
Chemical Bank and Associates ...................... No Bid %
The First National Bank of Chicago and Prudential-Bache
Securities, Inc. and Paine Webber, Inc. and Dean Wit-
ter Reynolds Inc. and Mercantile Trust Company,
N.A. and Chile Heider & Co., Inc. and LaSalle Na-
tional Bank and Associates ...................... Merged %
Harris Trust and Savings Bank and Norwest Bank Des Moines, N.A. and As-
sociates in association with Norwest Securities and First Wisconsin National
Bank of Milwaukee and Associates in association with First Interstate Bank
of California and Goldman Sachs & Co. and Associates in association with
Continental Illinois National Bank and Trust Co. of Chicago and Drexel
394
Special Session, September 5, 1984
Burnham Lambert, Inc. and Associates ............
Morgan Guaranty Trust Company of New York and Solo-
mon Brothers .................................
The Northern Trust Company and Merrill Lynch Capital
Markets and E.F. Hutton & Company, Inc. and
Manufacturers Hanover Trust Co. and Kidder, Pea-
body & Co,, Inc. and Dain Bosworth, Inc. and Associ-
ates .........................................
9.9057 %
No Bid %
9.86900 %
%
%
%
Respectfully submitted,
SPEER FINANCIAL, INC.
Richard A. Pavia
Council Member Hammel to approve
the recommendation of Speer Finan-
cial, Inc. and that the communication
be made a matter of record. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klueaner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 309-84
Resolution Directing Sale of $7,900,000
General Obligation Bonds
WHEREAS, pursuant to notice as
required by law, bids have been re-
ceived at public sale for the bonds
described as follows and the best bid
received is deterr~ined to be the follow-
ing:
7,900,000 General Obligation Bonds:
Bidder: The Northern Trust Company
and Associates of Chicago, Illinois the
terms of said bid being:
Total Interest $10,443,156.25
Less Premium 103.00
President
Net Interest Cost 10,443,053.25
Net Interest Rate 9.86900%
ISEE ATTACI~ED SALE AGREEMENT)
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the bid for the bonds
as above set out is hereby determined
to be the best and most favorable bid
received and~ said bonds are hereby
awarded based on said bid.
Section 2. That the statement of in-
brmation for bond bidders and the
form of contract for the sale of said
bonds are hereby approved and the
Mayor and Clerk are authorized to ex-
ecute the same on behalf of the City.
Section 3. That the notices of the sale
of the bonds heretofore given and all
acts of the Clerk done in furtherance of
the sale of said bonds are hereby
ratified and approved.
Passed, and approved this 5th day
of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Special Session, September 5, 1984
395
SALE AGREEMENT
IT IS HEREBY STIPULATED
AND AGREED BY AND BETWEEN
THE City of Dubuque, Iowa, Vendor,
and The Northern Trust Company and
Associates, Vendee, that the Vendor
will and does hereby seil the following
described bonds, to-wit:
GENERAL OBLIGATION BONDS,
in the principal amount of $7,900,000,
to be dated October 1, 1984, in the
denomination of $5,000 and integral
multlples thereof, and to mature as
follows:
Principal Maturity
Amount March 1st
$175,000 1987
$200,000 1988
$200,000 1989
$225,000 1990
$250,000 1991
$275,000 1992
$300,000 1993
$325,000 1994
$375,000 1995
$400,000 1996
$450,000 1997
$500,000 1998
$550,000 1999
$600,000 2000
$675,000 2001
$725,000 2002
$800,000 2003
$875,000 2004
and bearing interest as follows:
Bonds maturing in the years 1987, to
1992, beth inclusive, ten and 90/100
Per Cent (10.90 %) per annum;
Bonds maturing in the years 1993,
nine and 80/100 Per Cent (10.90%) per
annum;
Bonds maturing in the years 1994, to
1996, both inclusive, nine and 40/100
Per Cent (9.40 %) per annum;
Bonds maturing in the years 1997, to
1998, both inclusive, nine and 50/100
Per Cent (9.50 %) per annum;
Bonds maturing in the years 1999, to
nine and 70/100 Per Cent (9.70%) per
annum;
Bonds maturing in the years 2000, to
2001, both inclusive, nine and 80/100
Per Cent (9.80 %) per annum;
Bonds maturing in the years 2002, to
2004, both inclusive, ten and 0/100 Per
Cent (10.00 %) per annum;
The undersigned Vendee hereby
agrees to purchase said bonds and
does hereby purchase said bonds for
the sum of $7,900,103.00 * and ac-
crued interest on the bonds at the rate
or rates as hareinabove set out from
October 1, 1984; said payment is to be
made upon delivery of the bonds to the
Vendee together with an opinion ap-
~roving and certifying the legality of
said bonds by the firm of Ahlers,
Cooney, Dorweiler, Haynie, Smith &
Allbee, Attorneys, Des Mnines, Iowa.
The official "Notice of Bond Sale", as
published, covering said bond issue, in-
cluding provisions for optional
redemption, if any, is hereby incor-
porated herein and made a part hereof
by this reference.
CITY OF DUBUQUE, IOWA
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
The Northern Trust Company
and Associates
Vendee
· not less than 100 percent of par
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Kluesner, Manning.
Nnys--None.
Absent--Council Member Kron-
feldt.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mnyor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kiuesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Mary A. Davis
City Clerk
Approved__ .1985
Adopted 1985
396
Special Session, September 5, 1984
Mayor
Council Members
ATTEST:
City Clerk
Special Session, September 17, 1984
397
CITY COUNCIL
OFFICIAL
Special Session, September 17, 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, Manning, Cor-
poration Counsel William G. Blum.
Absent at roll call--City Manager
W. Kenneth Gearhart.
Mayor Brady read the call and
stated that service thereof bed been
duly made and this Meeting is called
for the purpose TO CONDUCT A
PUBLIC HEARING ON AN
AMENDMENT TO THE LEASE
AGREEMENT BETWEEN BEECH-
ER SAND LTD. AND CITY OF
DUBUQUE and acting upon such
other business which may properly
come before the Council.
Invocation was given by Rev. Kurt
Pasko, Chaplain of the University ~f
Dubuque.
PROCLAMATIONS: September 17
· 23 as "Constitution Week" received
by Carol Ricberdson; September 20
- November 15 as "United Way Cam·
palgn Time".
Jerry Guy from the Durrant Group
gave a progress and status report on
the Race Track Facility.
Council Member Deich moved to
suspend the rules to let anyone pr~-
sent address the Cotmcll if they so
desire. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfaldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider an amendment to
the Lease Agreement dated August
14, 1979 between Beecher Sand Ltd.
(Industrial Management Inc.) and the
City of Dubuque for portion of lind
located on Chapliin Schmitt Memorial
Island, presented and read. There were
no written objections received.
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--Council Members Beurskens,
Deich, Hammel, Kluesner, Kronfeldt,
Manning.
Nays--Mayor Brady.
RESOLUTION NO. 310-84
WHEREAS, pursuant to resolution
and published notice of time and place
of hearing, published in the Telegraph
Herald, a newspaper of general circuli-
tion published on the 10th day of
September, 1984, in the City of Dubu-
que, Iowa, the City Council of the City
of Dubuque, Iowa met on t7th day of
September. 1984 at 7:30 p.m. in the Ci-
ty Public Library, Dubuque, Iowa to
consider the proposal to enter into an
amendment to lease and agreement be-
tween the City of Dubuque, Iowa, as
leasor, and Beecher Sand Ltd., (In-
dustrli1 Management Incorporated) as
leaeee, an Iowa Corporation for certain
described real estate as follows:
Certain parcel of real estate located
in Chapliin Schmitt Memorial Is-
land representing 3.453 acres and
referenced as Exhibit B dated
September 1, 1984 and considered a
part hereof
A copy of which amendment to lease
and agreement is hereto attached, and
by reference made a part thereof as
though fully set out herein; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and ali objections, oral or written to
the proposal to grant said amendment
to lease and agreement under the
terms and conditions of said amend-
merit to lease and agreement set out
therein;
NOW, THEREFORE BE IT
RESOLVED. by the City Council of
the City of Dubuque, Iowa:
Section 1. That tha proposal to enter
into an amendment to lease and agree-
ment by and between the City of Dubu-
que, lown, and Beecher Sand Ltd,, (In-
dustrial Management Incorporated),
an Iowa Corporation, as lessee cove~
lng a tract of land fully described in
said amendment to lease and agree-
ment a copy of which is attached herein
Special Session, September 17, 1984 399
398 Special Session, Se *tember 17, 1984
be and the same is hereby approved
under the terms and conditions set out
in said amendment to lease and agree-
Section 2. That the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to execute said amend-
ment to lease and agreement for and on
b~half of the City of Dubuque, Iowa
upon acceptance of agreement by
Beecher Sand Ltd, (Indus trial Manage-
ment Incorporated).
Section 3. That the City Clerk be and
she is hereby directed to file a certified
copy of this resolution in the office of
the Dubuque County Recorder and the
office of City Assessor.
Passed, approved and adopted this
17th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoptlon of the Reeclution, as amend-
ed. Seconded by Council Member
Khiesner. Carried by the following
vote:
Yeas--Council Members Beursken~'
Deich, Hanm~el, Kluesner, Kronfeldt.
Manning.
Nays--Mayor Brady.
Proof of publication, certified to by
the Publisher, on Notice of Pendency
of Resolution of Necessity for public
improvements and public hearing
upon proposed plans and specs., form
of contract and cost of improvement
for the North West Arterial Grading
and Drainage Contract, from Penn-
sylvania Ave. to Asbury Road,
'presented and read.
There were no written objections
received and no oral objectors present
at the time of the Hearing.
Council Member Khiesner moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
(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-
lice 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 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-
sideration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cll and are now on file with the City
Clerk. That the cost and expense of
m~king 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 fde
with the City Clerk this 6th day of
August, 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 17th day of
September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Decision of Council Upon Objections
To Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 311-84
WHEREAS, proposed plans and
specifications and form of contract for
the Northwest Arterial Grading and
Drainage Contract, from Pennsylvania
Avenue to Asbury Road have been ap-
proved by the City Council of the City
of Dubuque and public notice given as
provided by the Code of Iowa pertain-
ing 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 17th day of September, 1984; and
WHEREAS, the City Council met in
special session this 17th day of
September, 1984, at 7:30 p.m, at the
Public Library Auditorium for the pur-
pose of hearing all interested potties
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, ag interested parties
have been given an opportunity to be
heard and ali objections which have
been duly weighed and considered;
NOW, TIIEREFORE. 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 ali
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
17th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 312-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 263-84 which was duly
passed by this Council for the
Northwest Arterial Grading and
Drainage Contract, from Pennsylvania
Avenue to Asbury Road be and the
same are hereby ordered and con-
strutted by this Council upon its own
motion and with or without the peti-
tion of property owners. All the work
shag be constructed in accordance
with the plans and specifications
heretofore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from General
Obligation Bonds, and Federal Aid to
Urban Systems Funds.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
17th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
400 Special Session, S~ ~tember 17, 1984
Proof of publication, certified to by
the Publisher, on Notice to Bidders for
improvement for the Northwest
Arterial Grading and Drainage Con-
tract, from Pennsylvania Ave. to
Asbury Read, AND Communication of
City Manager recommending to award
contract for above to Holland Bros.
Construction Co., presented and read.
Council Member Klaesner 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, Deich, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 313-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Northwest Arterial Grading and
Drainage Contract, from Pennsylvania
Avenue to Asbury Road pursuant to
Resolution No. 265-84 and notice to
bidders published in a newspaper
published in the City of Dubuque,
Iowa on the 16th day of August, 1984.
WHEREAS, said sealed proposals
were opened and read on the 30th day
of August, 1984, and it has been deter-
mined that the bid of Holland Bros.
Construction Co., Inc. of Decorah
Iowa. subject to the concurrence of
Federal Highway Administration, in
the amount of $670,751.69 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 im-
provement be awarded to Holland
Bros. Construction Co., Inc., subject
to the concurrence of Federal Highway
Administration, and the Manager be
and is hereby directed to execute a
contract on behalf of the City of Dubu-
que 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
17th day of September, 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 Beurskans, De/ch, Hammel,
Kluesner. Kronfeldt, Mamalng.
Nays--None.
Communication of City Manager
submitting documents providing for
the cdnstruction of Bid Package "B"
for Phase 4 Site Work, Phase 5 Struc-
ture Steel and Exterior Closures and
Phase 6 Kennels and Security
Building for the Dog Racing Facility,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady. Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Necessity For Improvement)
RESOLUTION NO. 314-84
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 Dubuque Racing Facility Bid
Package "B" Comprised of (4) Site
Work, (5) Structural Steel and Ex-
terinr Closure, and (6) Kennels and
Security Building.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
Special Session, September 17, 1984
improvement, and unless interested
persons at the time of the final con-
s/deration of this proposed resolution
have ~ed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or est/mated cost of the
improvement, they shall he deemed to
have waived all objections thereto.
Said improvement shall be con-
strutted 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 Ganerai Obligation Bond Funds.
The above resolution was intreduc-
ed, approved and ordered placed on file
with the City Clerk this 17th day of
September, 1984.
Approved and placed on file for final
action.
APPROVED:
James E, Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Haramel moved
adoption of the Resolution. Seconded
by Council Member Banrskens. Car-
fled by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Hammel,
Kluesner, gronfeldt, Manning.
Nays--None.
(Approval of lqqlnal Plans, Specs, Etc,)
RESOLUTION NO. 315-84
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specifications
etc. for the following:
Bidding Bid Package for Phase 4 Site
Work, Phase 5 Structural Steel and
Exterior Closures, and Phase 6 Ken-
nels and Security Building for the
Dubuque Dog Racing Facility
Project, with the probable cost of the
improvement in the amount of
$3,000,000 are hereby approved and
ordered filed in the office of the City
Clerk for public inspection, and are to
be considered part of this Resolution.
Passed, approved and adopted this
17th day of September, 1984.
401
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammci moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Fixing Date of Hearing and Author-
izing Advertisement for Proposals)
RESOLUTION NO. 316-84
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 "B' Comprised of (4) Site
Work, (5) Structural Steel and Ex-
terior Closure, and (6) Kennels and
Security Building, 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 8th day of
October, 1984, a pubhc hearing will be
held at 7:30 p.m. in the Council
Chambers at which time interested
persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City
of Dubuque, Iowa, which notice shall
not be less than four days nor more
than twenty days prior to the day fix-
ed for its consideration, and unless in-
terested persons at the time of the
final consideration of the proposed
Resolution of Necessity have filed ob-
jectinns with the City Clerk, they shall
be deemed to have waived all objec-
tions thereto.
BE IT FURTHER RESOLVED
402 Special Session,
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided, to he 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 4th day of October, 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 in the Council
Chambers at 7:30 p.m. on the 8th day
of October, 1984.
Passed, adopted and approved this
17th day of September, 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, Delch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Ordinance providing for
adoption of the Natinnal Electrical
Code of 1984 by reference and re-
questing that a Public Hearing be set,
presented and read.
Council Member Khiesner moved
that the communicatinn be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances by enacting a new
Section 13-16 of Division 2 of Article
II thereof to provide for the adoption
of the National Electrical Code of
1984, presented and read.
Council Member Kluesner moved
that the reading just had be con-
s~dered the first reading of the Or-
dinance, that the rule requiring an Or-
dlnance to be presented and read at
~tember 17,1984
two meetings prior to the meeting
when final action is taken, be dispens-
ed with and final adoption of the Or-
dinance. Seconded by Council Member
Beurskens.
Vote on the motion was as follows:
Yeas--Council Members Beurskens,
Hammal, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Members Deich, Manning.
MOTION FAILED, DUE TO
LACK OF 3/4 VOTE.
Council Member Kluesner moved
that the reading just had be con-
sidered the first reading of the Or-
dinance and that a Public Hearing be
held on the Ordinance on Oct. 1, 1984
at 7:30 p.m. in the City Hall Council
Chambers and that the City Clerk
publish notice in the manner prescrib-
ed by law. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hummel,
Kluesner, Kronfetdt, Manning.
Nays--None.
CITY MANAGER W KENNETH
GEARHART ENTERED CHAMB-
ERS AT 8:46 P.M.
Petition of Alfred L. Pnisean, 3515
Crescent Ridge, requesting to address
the Council regarding the meeting of
May 21, 1984, presented and read.
Mr. Polsean questioned specifics of
allocation of City services~ traffic
count and water/sewage rates on Cres-
cent Ridge. & Cedar Cross Road.
Council Member Kronfeldt moved
that Staff be directed to answer Mr.
Polsean's questions at their leisure.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beursken. s, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager ad-
vising of request from the Iowa Army
National Guard to land military
helicopters on property at the Armory
on Redford Road, presented and read.
Council Member Beurskens moved
that the communication be received
and filed and that they be allowed to
Special Session, September 17, 1984
403
]and helicopters at their facility.
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeidt, Manning.
Nays--None.
Petition of Paul Peckosh, President
of Dubuque Historic Improvement Co.
requesting to address the C¢nmcil
regarding Redstone guest parking and
historic lighting on the Redstone
premises, presented and read.
Council Member Kronfeldt moved
that the petition be received and filed
and granted them sixteen designated
spaces in the Parking Lot at 5th and
Bluff St. and on the matter of historic
lighting, refer it to the City Manager
with a possible lease and/or agreement
with recommended usage of light.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Airport Commis-
sion Chairman requesting authority to
use remaining bond issue money to
fund the overage of the Sewage Treat-
ment Plant costs, presented and read.
Council Member Hummel moved
that ~he communication be received
and filed and approved request
Seconded by Council Member Beur-
~ens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Mmming.
Nays--None.
Communication of Airport Commis-
sion Chairman requesting the City to
advance to them money to purchase an
X-Ray Screening Unit, presented and
read.
Council Member ttammel moved
that the communication be received
and filed and expenditure approved.
Seconded by Council Member Beur-
skens. Carried Dy the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
K/uesner, Kronfeldt, Manning.
Verbal request of Council Members
Deich and Hammel requesting to
discuss the parking situation at the
Airport.
Council Member Hummel moved
that the Airport Commission be
directed to investigate that customer
parking be treated the same for aH
F,B,O.'s at the Airport and that
American Central Airlines, in par-
titular, have designated parking for
their customers completed within one
month. Seconded by Council Member
Deich. Carried by the following vote:
Yeas Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
Khiesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Memorandum of
Understanding between the United
States Dept. of Housing and the
Dubuque Hmnan Rights Cmrmilssion
and requesting that the Mayor be
authorized to execute, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed and approved authorization
to execute. Seconded by Council
Member Kluesner~ Carried by the
fo[lowing vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deicb, Hummel
Kluesner, Kronfeldt, Manning.
Nays--None
Verbal request of Council Member
Kronfeldt requesting information
regarding the Options of the Police
Dept. and/or the City Council in terms
of suspension/revocation of Beer and
Liquor sales establishments when
they become a negative impact on the
neighborhood.
Letter of Linda Meyer relative to the
above, presented and read.
Council Member Kronfeldt moved
that the letter be received and filed.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays None.
Discussion followed with citizens
stating specific incidents of objection-
404 Special Session, Se ~tember 17,1984
able behavior and requesting solution.
Council consensus directed Legal Staff
to investigate sointions and bring mat-
tar back to the October 1st meeting.
Communication of City Manager
submitting report from tho Cable
Franchise Administrator regarding
the Group W Cable outages, presented
and read.
Council Member Kluesner moved
that the communication bo received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bars Bourskens, Deich, Hammel,
Bluesner, Kronfoldt, Manning.
Nays--None.
ORDINANCE No. 20-84 Amending
the Code of Ordinances by enacting
new subsections (a), (b), (c), (d), (e),
(g), (h) and (i) of Section 36-183 in lieu
thereof providing for monthly
subscribers rates and charges for
Cable Television Basic Services,
presented and read.
Council Member Kluosanr moved
final adoption of the Ordinance.
Seconded by Council Member Beur-
skens.
NO VOTE WAS TAKEN ON THE
MOTION.
Council Member Kronfeldt moved
that action be tabled on ths Ordinance
until such time as Group W comes
back with appropriate answering ser-
vice and statement, and it has been ira-
plemented. Seconded by Council
Member Doleh. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--Council Member Kinesner.
RESOLUTION NO. 317-84
Resolution Authorizing nad Providing
for the Issuance of $7,9~0,000 General
Obligation Bonds and Levying a Tax
to Pay Said Bonds
WHEREAS, the Issuer is duly in-
corporated, organized and exists
under and by virtue of the laws and
Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of
funds to pay costs of 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 watermnins and ex-
tensions; and the acquisition, con-
struction and installation of street
lighting fixtures, connections and
facilities, an essential corporate pur-
pose, and it is deemed necessary and
advisable that general obligation
bends in the amount of $1,400,000 be
issued for said purpose; and
WHEREAS, pursuant to notice
published ns required by Section
384.25 of said Code, this Council has
held a public meeting and hearing
upon the proposal to institute pro-
ceedings for the issuance of said
bends, and the Council is therefore
now authorized to proceed with the is-
suance of said bonds; and
WHEREAS, the Issuer is in need of
funds to pay costs of constructing and
equipping of recreational facilities con-
sistlng of a dog racing track complex
in the City, a general corporate put-
pose, and it is deemed necessary and
advisable that its general obligation
bends in the amount of $6,500,000 be
issued for said purpose; and
WHEREAS, this Council, pursuant
to Section 384.26 of said Cede, did
legally call a City election, fixing the
time and place thereof, and did legally
submit to the qualified electors of the
City the proposition of issuing general
obligation Bonds of the City in an
amount not exceeding $6,500,000, for
the aforesaid purpose, and caused to
be given legal sufficient and timely
notice of said election and the time,
place and purpose thereof; and
WHEREAS, tho City election was
duly and legally held and conducted on
April 24, 1984, pursuant to said call
and to a legal notice duly given by
publication in a legal newspaper,
printed wholly in the English
language, published at least once
weekly, and having general circulation
in the City, said publication in said
newspaper appearing on a date not
less than 4 clear days nor more than 20
Special Session, September 17, 1984
days prior to the date of said election, ] Agent for the bonds.
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 pro.
position being equal to more than 60%
of the total vote cast for an against
said proposition at said election; said
proposition having been declared and
at all times certified to have been duly
adopted, no contest thereof having
been made; and
WHEREAS, pursuant to Section
384.28 of the Code Code of Iowa, it is
hereby found and determined that the
various general obligation bonds
authorized as hereinabove described
shall be combined for the purpose of is-
suance in a single issue of Corporate
Purpose Bonds as hereinafter set
forth; and
WHEREAS, pursuant to the provi-
sions of Chapter 75 of the Code of
Iowa, the above mentioned bonds were
heretofore sold at public sale and ac-
tion should now be taken to issue said
bonds conforming to the terms and
conditions of the best bid received at
the advertised public sale:
NOW, THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Definitions. The following
terms shall have the following mean-
ings in this Resolution unless the text
expressly or by necessary implication
requires otherwise:
{a) "Issuer and "City shall mean the
City of Dubuque, Iowa;
lb) "Treasurer" shall mean the City
Treasurer or such other officer as shall
succeed to the same duties and respon-
sibilities with respect to the recording
and payment of the Bonds issued
hereunder;
{c) "Bonds" shall mean $7,900,000
General Obligation Bonds, authorized
to be issued by this Resolution;
(d) "Registrar" shah be Bankers Trust
Company of Des Moines, Iowa or such
successor as may be approved by
Issuer as provided herein and who
shall carry out the duties prescribed
herein with respect to maintaining a
registrar of the owners of the bends.
Unless otherwise specified, the
Registrar shall also act as Transfer
4O5
(e) "Paying Agent" shall be Bankers
Trust Company or such successor as
may be approved by Issuer as provid-
ed herein and who shall carry out the
duties prescribed herein as Issuers
agent to provide for the payment of
principal of and interest on the bonds
as the same shall become due.
Section 2. Levy and Certification of
Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the
purpose of providing funds to pay the
principal and interest of the bonds
hereinafter authorized to be issued,
there is kereby levied for each future
year the following direct annual tax on
all of the taxable property in Dubuque,
Iowa, te-wit:
Fiscal Year
(July 1 to June 30)
Amount Year of Collectlen:
$1,113,181 1985/1986
$ 960,775 198~1987
$ 966,700 1987/1988
$ 944,900 1988/1989
$ 948,100 198~1990
$ 948,575 199~1991
$ 946,325 1991/1992
$ 941,350 199~1993
$ 936,950 1993/1994
$ 956,400 199~1995
$ 946,150 1995/1996
$ 958,550 1996/1997
$ 965,800 1997/1998
$ 968,300 1998/1999
$ 964,950 1999/2000
$ 981,150 200~2001
$ 965,000 2001/2002
$ 967,500 2002~003
$ 962,500 2003/2004
(NOTE: For example the levy to he
made and certified against the taxable
valuations of January 1, 1984, will be
collected during the fiscal year com-
mencing July 1, 1985).
(b) Resolution to be Filed With
County Auditor. A certified copy of
tMs Resolution should be filed with
the County Auditor of Dubuque Coun-
ty, Iowa, and said Auditor is hereby in-
structed in and for each of the years as
provided, to levy and assess the tax
hereby authorized in Section 1 of tins
Iteselution, in like manner as other
taxes are levied and assessed, and
such taxes so levied in and for each of
406 Special Session, SI *tember 17, 1984
the years aforesaid be collected in like
manner as other taxes of the City are
collected, and .when collected be used
for the purpose of paying principal and
interest on said bonds issued in an-
ticipatinn of said tax, and for no other
purpose whatsoever.
(c) Additional City Funds Available.
Principal and interest coming due at
anytime when the proceeds of said tax
on hand shall be insufficient to pay the
same shall be promptly paid when due
from current funds of the City
available for that purpose and reim-
bursement shah be made from such
special fund in the amounts thus ad-
vanced.
Section 3. Bond Fund. Said tax shall
be collected each year at the same time
and in the same manner as, and in ad-
dition to, all other taxes in and for the
City, and when collected they shall be
converted into a special fund within
the Debt Service Fund to be known as
the "GENERAL OBLIGATION
BOND FUND 1984 No. 2", which is
hereby pledged for and shall be used
only for the payment of the principal of
and interest on the bonds hereinafter
authorized to be issued; and also there
shall be apportioned to said fund its
proportion of taxes received by the Cb
ty from railway, express, telephone
and telegraph companies and other
taxes assessed by the Iowa State
Department of Revenue.
Section 4. Investments of Bond
Fund Proceeds. All moneys held in the
Bond Fund, provided for by Section 3
of this Resolution shall be invested in
direct obligations of the United States
Government or deposited in banks
which are members of the Federal
Deposit Insurance Corporation and
the deposits in which are insured
thereby and all such deposits ex-
ceeding the maximum amount insured
from time to time by FDIC or its
equivalent successor in any one bank
shall be continuously secured by a
valid pledge of direct obligations of the
United States Government having an
equivalent market value. All such in-
terim investments shall mature before
the date on which the moneys are re-
quired for payment of principal of or
interest on the Bonds as herein pro-
vided.
Section 5. Bond Details, Execution
and Redemption.
(a) Bond Details. General Obligatinn
Bonds of the City in the amount of
$7,900,000 shall be issued pursuant to
the provisions of Section 384.28 of the
City Code of Iowa for the aforesaid
purpose. The bonds shall be
designated "GENERAL OBLIGA-
TION BOND", be dated October 1,
1984, and bear interest from the date
thereof, until payment thereof, at the
principal office of Bankers Trust Com-
pany, Paying Agent, said interest
payable on September 1, 1985 and se-
roiannually thereafter on the 1st day
of March and September in each year
until maturity at the rates hereinafter
provided.
The bonds shall be executed by the
facsimile signature of the Mayor and
attested by the facsimile signature of
the Clerk, and printed or impressed
with the seal of the City and shall be
fully registered as to both principal
and interest as provided in this resolu-
tlon; principal and interest shall be
~ayable at the office of the Paying
Agent. The bonds shall be each in the
denomination of $5,000 or multiples
thereof. Said bonds shall mature and
bear interest as follows:
Interest Principal Maturity
Rate Amount March 1st
10.90% $175,000 1987
.10.90% $200,000 1988
10.90% $200,000 1989
10.90% $225,000 1990
10.90% $250,000 1991
10.90% $275,000 1992
9.80% $300,000 1993
9.40% $325,000 1994
9.40% $375,000 1995
9.40% $400,000 1996
9.50% $450,000 1997
9.50% $500,000 1998
9.70% $550,000 1999
9.80% $600,000 2000
9.80% $675,000 2001
10.00% $725,000 2002
10.00% $800,000 2003
10.00% $875,000 2004
(b) Redemption. Bonds maturing
a~erMarch 1, 1995may be called for
redemption by the Issuer and paid
before maturity on said date or any in-
retest payment date thereafter, from
any funds regardless of source, in
whole or from time to time in part, in
inverse order of maturity and within a
maturity by lot by giving thirty days'
notice of redemption to the registered
Special Session September 17, 1984 407
owner of the bond. The terms of
redemption shall be par and accrued
interest plus a premium of one-half of
one percent (1/2 of 1%) of the principal
amount of any such bond called for
such redemption for each year or frac-
tlon thereof between the redemption
date and the stated maturity of such
bonds, but in any event not to exceed
two percent (2%) of the principal
amount of such bonds. Notice shall be
given in the manner provided in Sec-
tion 10.
If selection by lot within a maturity
is required, the Registrar shah by ran-
dom selection of the names of the
registered owners of the entire annual
maturity select the bonds to be re-
deemed untri the total amount of
bonds to be called has been reached.
Section 6. Registration of Bonds:
Appointment of Registrar; Transfer
Ownership; Delivery; and Cancella.
(a) Registration. The ownership of
bonds may be transferred only by the
making of an entry upon the books
kept for the registration and transfer
of ownership of the Bonds, and in no
other way. Bankers Trust Company is
hereby appointed as Bond Registrar
under the terms of this Resolution and
under the provisions of a separate
agreement with the Issuer fried here-
with which is made a part hereof by
this reference. Registrar shah main-
tain the books of the Issuer for the
registration of ownership of the Bonds
for the payment of principal of and in-
terest on the Bonds as provided in this
Resolution. All bonds shall be
negotiable as provided in Article 8 of
the Uniform Commercial Code and
Section 384.31 of the Code of Iowa,
subject to the provisions for registra-
tion and transfer contained in the
bonds and in this resolution.
(b) Transfer. The ownership of any
Bond may be transferred only upon
the Registration Books kept for the
registration and transfer of Bonds and
only upon surrender thereof at the
principal office of the Registrar
together with an assignment duly ex-
ecuted by the holder or his duly
authorized attorney in fact in such
form as shall be satisfactory to the
Registrar, along with the address and
social security number or federal
employer identification number of
such transferee (or, if registration is to
be made in the name of multiple in-
dividuals, of all such transferees). In
the event that the address of the
registered owner of a Bond (other than
a registered owner which is the
nominee of the broker or dealer in
question) is that of a broker or dealer,
there must be disclosed on the
Registration Books the information
pertalnlng to the registered owner re-
quired above. Upon the transfer of any
such Bond, a new fully registered
Bond, of any denomination or denomi-
nations permitted by this Resolution
in aggregate principal amount equal to
the unmatured and unredeemed prin-
cipal amount of such transferred fully
registered Bond, and bearing interest
at the same rate and maturing on the
same date or dates shall be delivered
by the Registrar.
(c) Registration of Transferred
Bonds, In all cases of the transfer of
the Bonds, the Registrar shall
register, at the earliest practicable
time, on the Registration Books, the
Bonds, in accordance with the provi-
sions of this Resolution.
(d) Ownership. As to any Bond, the
person in whose name the ownership of
the same shall be registered on the
Registration Books of the Registrar
shall be deemed and regarded as the
absolute owner thereof for all pur-
poses, and payment of or on account of
the principal of any such Bonds and
the premium, if any, and interest
thereon shall be made only to or upon
the order of the registered owner
thereof or his legal representative. Ali
such payments shall be valid and effec-
tual to satisfy and discharge the
liability upon such Bond, including the
interest thereon, to the extent of the
sum or sums so paid.
(e) Cancellation. All Bonds which
have been redeemed shall not be
reissued but shall be cancelled by the
Registrar. All Bonds which are cancell-
ed by the Registrar shall be destroyed
and a certificate of the destruction
thereof shall be furnished promptly to
the Issuer; provided that if the Issuer
shall so direct, the Trustee shall for-
ward the cancelled Bonds to the
(f) Non-Presentment of Bonds. In
the event any payment check repre-
senting payment of interest on the
Bonds is returned to the Paying Agent
or is not presented for payment of
408
Special Session, September 17, 1984
principal at the maturity or redemp-
tion date, if funds sufficient to pay
such interest on Bonds shall have been
made available to the Paying Agent
for the benefit of the owner thereof, all
liability of the Issuer to the or, met
thereof for such interest or payment of
such Bonds shall forthwith cease, ter-
minate and be completely discharged,
and thereupon it shall be the duty of
the Paying Agent to hold such funds,
without liability for interest thereon,
for the benefit of the owner of such
Bonds who shall thereafter be
restricted exclusively to such funds
for any claim of whatever nature on his
part under this Resolution or on, or
with respect to, such interest or
Bonds. The Paying Agent's obligation
to hold such funds shall continue for a
period equal to two years and six mon-
ths following the date on which such
interest or principal became due,
whether at maturity, or at the date fix-
ed for redemption thereof, or other-
wise, at which time the Paying Agent,
shall surrender any remaining funds so
hcld to the Issuer, whereupon any
claim under this Resolution by the
Issuers of such interest or Bonds of
whatever nature shall be made upon
the Issuer.
Section 7. Reissuance of Mutilated,
Destroyed, Stolen or Lost Bonds. In
case any outstanding Bond shall
become mutilated or be destroyed,
stolen or les~ the Issuer shall at the r~-
quest of Registrar authenticate and
deliver a new Bond of like tenor and
amount as the Bond so mutilated,
destroyed, stolen or les~ in exchange
and substitution for such mutilated
Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and
substitution for the Bond destroyed,
stolen or los~ upon filing with the
Registrar evidence satisfactory to the
Registrar and Issuer that such Bond
has been destroyed, stolen or lost and
proof of ownership thereof, and upon
furnishing the Registrar and Issuer
with satisfactory indemnity and com-
plying with such other reasonable
regulations as the Issuer or its agent
may prescribe and paying such ex-
penses as the Issuer may incur in con-
n~ction therewith.
Section 8. Record Date. Payments of
principal and interesg otherwise than
upon full redemption, made in respect
of any Bond, shall be made to the
registered holder thereof or to their
designated agent as the same appear
on the books of the Registrar on the
15th day of the month preceding the
payment date. And all such payments
shall fully discharge the obligations of
the Issuer in respect of such Bonds to
the extent of the payments so made.
Payment of principal shall only be
made upon surrender of the bond to the
paying agent.
Section 9. Execution, Authentica-
tion ~md Delivery of the Bonds. Upon
the adoption of this resolution, the
Mayor and City Clerk shall execute
and deliver the Bonds to Bankers
Trust Company who shall authenticate
Se Bonds and deliver the same to or
upon order of the Purchaser. No bond
shall be valid or obligatory fur any pu~
~ose or shall be entitled to any right or
benefit hereunder unless the registrar
shall duly endorse and execute on such
Bond a certificate of authentication
substantially in the form of the
llficate herein set furtt~ Such
tificate upon any Bond executed on
behalf of the Issuer shall be conclusive
evidence that the Bond so authen.
llcated has been duly issued under this
resolution and that the holder thereof
is entitled to the benefits of this r~solu-
No Bonds shall be authenticated and
delivered by the Registrar unless and
until there shall have been provided
the following:
1. A certified copy of the resolution
of Issuer authorizing the issuance of
the Bonds;
2. A written order of Issuer signed
by the Treasurer of the Issuer dlrec-
ting the authentication and delivery of
the Bonds to or upon the order of the
Purchaser upon payment of the pur-
chase price as set forth therein;
3. The approving opinion of Alders,
Cooney, Dorweiler, Haynie, Smith &
Allbee, Bond Counsel, concerning the
validity and legality of all the Bonds
proposed to be issued.
Section 10. Form of Bond. Bond
shall be printed in substantial com-
pllance with standards proposed by
the American Standards Institute
substantially in the form as follows:
Charts on following page
Special Session, September 17, 1984
(9)
(10)
(continued on the back of this Bond)
FIGURE 1
(Front)
(lO) (16) (17)
(Continued)
FIGURE 2
(Back)
409
410
Special Session, September 17,1984
The text of the bonds to be located thereon at the item numbers shown shall be
as follows:
Item 1, figure 1 --"STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"GENERAL OBLIGATION BOND,"
"CORPORATE PURPOSE."
Item 2, figure i =Rate:
Item 3, figure 1 ----Maturity:
Item 4, figure 1 =Bond Date: October 1, 1984
Item 5, figure 1 =Cusip #
Item 6, figure 1 ="Registered"
Item 7, figure I ~-Cer tiRcate No.
Item 8, figure 1 =Principal Amount: $
Item 9, figure 1 ----The City of Dubuque, Iowa, a municipal corporation organiz-
ed and existing under and by virtue of the Constitution and laws of the State of
Iowa (the "Issuer"), for value received, promises to pay from the source and as
hereinafter provided, on the maturity date indicated above to
Item 9A, figure --(Registration panel to be completed by Registrar or Printer
with name of Registered Owner).
Item 10, figure 1 ----or registered assigns, the principal sum of ~principal
~mouat written out) Thousand Dollars in lawful money of the United States of
America, on the maturity date shown above, only upon presentation and sur-
render hereof at the principal office of Bankers Trust Company, Paylng Agent of
this issue, or its successor, with interest on said sum from the date hereof until
paid at the rate per annum specified above, payable on September 1, 1985, and
semiannually thereafter on the 1st day of March and September in each year.
Interest and principal shall be paid to the registered holder of the bond as
shown on the records of ownership maintained by the Registrar as of the 15th
day of the month next preceding such interest payment date. Interest shall be
computed on the basis of a 360-day year of twelve 30-day months.
This bond is issued pursuant to the provlalons of Section 384.28 of the City
Code of Iowa, for the purpose of paying costs of constructing and equipping
~creatinnal facilities consisting of a dog racing track complex in the City in-
cinding the acquisition, construction and equipping of facilities useful for the col-
lection, 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 extensions; and the acquisition, construction and
installation of street lighting fixtures, connections and facilities, in conformity to
a Resolution of the Council of said City duly passed and approved.
Bonds maturing after March 1, 1995 may be called for redemption by the
Issuer and paid before maturity on said date or any interest payment date
thereafter, from any funds regardless of source, in whole or from time to time in
part, in inverse order of maturity and within a maturity by lot by giving thirty
days' notice of redemption to the registered owner of the bend. The terms of
redemption shall be par and accrued interest plus a premium of one-half of one
percent (1/2 of 1%) of the principal amount of any such bonds called for such
redemption for each year or fraction thereof between the redemption date and
the stated maturity of such bonds, but in any event not to exceed two percent
(2%) of the principal amount of such bonds.
Notice hereunder may be given by registered mall to the owner of record of the
bend at address shown on the books of the Registrar and shall be deemed com-
plete upon malh'ng.
Ownership of this bond may be transferred only by transfer upon the books
kept for such purpose by Bankers Trust Company, the Registrar. Such transfer
Special Session, September 17, 1984
411
on the books shall occur only upon presentation and surrender of this bond at the
principal office of the Registrar, together with an assignment duly executed by
the owner hereof or his duly authorized attorney in the form as shall be satisfac-
tory to the Registrar. Issuer reserves the right to substitute the Registrar and
Paying Agent but shall, however, give 60 days' notice to registered bondholders
of such change. All bonds shah be negotiable as provided in Article 8 of the
Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the
provisions for registration and transfer contained in the bond resolution.
And it is hereby represented and certified that all acts, conditions and things
requisite, according to the laws and Constitution of the State of Iowa, to exist, to
be had, to be done, or to be performed precedent to the lawful issue of this bond,
have been existent, had, done and performed as required by law; that provision
has been made for the levy of a sufficient continuing annual tax on all the taxable
property within the territory of the Issuer for the payment of the principal and
interest of this bond as the same will respectively become due; that the faith,
credit, revenues and resources and all the real and personal property of the
Issuer are irrevocably pledged for the prompt payment hereof, both principal
and interest; and the total indebtedness of the Issuer including this bond, does
not exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this bond
to be signed by the facsimile signature of its Mayor and attested by the facsimile
signature of its City Clerk, with the seal of said City printed hereon, and to be
authenticated by the manual signature of an officer of the Registrar, Bankers
Trust Company of Des Moines, Iowa.
Item 11, figure 1 =Date of authentication:
Item 12, figure I =This is one of the bonds described in the within mentioned
resolution, as registered by Bankers Trust Company.
Bankers Trust Company
By
Registrar
Item 13, figure 1 =Registrar and Transfer Agent:
Bankers Trust Company
Paying Agent:
.Bankers Trust Company
Item 14, figure 1 =(Seal)
Item 15, figure 1 =[Signature Block]
City of Dubuque, Iowa
By: (facsimile signature)
Attest: (facsimile signature)
City Clerk
Item 16, figure 2 --It is certified that the following is a correct and complete
copy of the opinion of bond counsel issued as of the date of
delivery of the issue of which this bond is a part.
(facsimile signature)
City Clerk
[Opinion of Bond Counsel]
Item 17, figure 2 --[Assignment Block]
[Information Required for Registration]
412
Special Session, September 17,1984
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identificatlon
No. _ 3 the within Bond and does hereby ir-
revocably constitute and appoint __ attorney in
fact to transfer the said Bond on the books kept for registration of the within
Bond, with full power of substitution in the premises.
Dated
(Person(s) executing this Assignment sign(s) here)
SIGNATURE
GUARANTEED)
IMPORTANT -- READ CAREFULLY
The signature(s) to this Power must correspond with the name(s) as writ-
ten upon the face of the certificate(s) or bond(s) in every particular
without alteration or enlargement or any change whatever. Signature
guarantee should be made by a member or member organization of the
New York Stock Exchange, members of the other Exchanges having
signatures on file with transfer agents or by a commercial bank or trust
company.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Addr ess of Transferee(s)
Social Security or Tax Identification Number of
Transferee(s)
Transferee is a(n):
Individual* Corporation
Partnership Trust _
*If the bond is to be registered in the names of multiple individual owners, the
names of all such owners and one address and social security number must be
provided.
The following abbreviations, when used in the inscription on the face of this
bond, shah be construed as though written out in full according to applicable
laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as
tenants in common
UNIF GIFT MIN ACT - . .......... Custodian ...........
(Cust) (Minors)
under Uniform Gifts to Minors Act .........
(Stat~)
Special Session, September 17, 1984 413
Section 11. Right to Name Sub-
stitute Paying Agent or Registrar. Is-
suer reserves the right to name a
substitute, successor Registrar or Pay~
lng Agent upon giving 60 days' writ-
ten notice to each registered bond-
Section 12. Contract Between issuer
and Purchaser. This Resolution con-
stltutes a contract between said City
and the purchaser of the bonds.
Section 13. Non-Arbitrage Cove-
nants. The Issuer reasonably expects
and covenants that no use will be made
of the proceeds from the issuance and
sale of the Bonds issued hereunder
which will cause any of the Bonds to be
classified as arbit~ge Bonds within
the meaning of Section 103(c)(2) of the
Interf~al Revenue Code of the United
States, and that throughout the term
of said Bonds it will comply with the
requirements of said statute and
regulations issued thereunder.
To the best knowledge and belief of
the Issuer, there are no facts or cia
cumstances that would materially
change the foregoing statements or the
conclusion that it is not expected that
the proceeds of the Bonds will be used
in a manner that would cause the
Bonds to be arbitrage Bonds. The
Treasurer is hereby directed to deliver
a certificate at issuance of the Bonds
to certi~ as to the reasonable expecta-
tion of the Issuer at that date.
The Issuer covenants that it will
treat as restricted yield investments
any funds in the Sinking Fund for pay-
merit of the Bonds in excess of 13/12ths
of the annual principal and interest re-
quirements of the then current year.
"Restricted yield investments" are
fiends or investments which the Issuer
covenants riot to invest at a yield
materially higher than the yield on the
bonds as defined in the regulations
issued under authority of Section
103(c) of the ~nternal Revenue Code of
the United States.
The Issuer covenants that it will ex
ceed any investment yield restriction
provided in this resalution only in the
event that it shall first obtui~ a~ opt-
~gon of recognized bond counsel that
the proposed investment action will
not cause the bonds to be classed as a~
bitrage bonds under Section 103(c) of
the Internal Revenue Code or regula-
tions issued thereunder
The Issuer covenants that it will pro-
ceed with due diligence to spend the
proceeds of the bonds for the purpose
set forth in this resalut~or~
Section 14. Severability Clause. If
any sectio~ paragraph, clause or pro-
vision of this Resolution be held in-
valid, such invalidity shall not affect
a~y of the ~maining provisions hereof,
and this Resolution shall become effec-
live immediately upon its passage and
approval
Section 15. Repeal of Conflicting
Resolutions or Ordinances. That all o~
dinances and resolutions in conflict
herewith are hereby repealed,
Passed, and approved this 17th day
of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Hanm~el. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
NAuesner, Kronfeldt, Manning.
Nays--None.
A Resolution Approving an Amend-
ment to the Memorandum of Agree-
ment between the City of Dubuque
and Dubuque In-Futuro, Inc. dated
August 17, 1981 and authorizing and
directing the Mayor to execute said
Amendment on behalf of the City of
Dubuque (tabled from the meeting of
September 5, 1984), presented and
read.
Council Member Khiesner moved
that this Resolution be tabled until Oc-
tober 1, 1984 at 7:30 p.m. in the City
Hail Council Chambers. Seconded by
Council Member Hammel, Carried by
the following vote:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Manning.
Nays--Mayor Brady, Council Mem-
bers Deich, Kronfeldt.
Communication of City Manager
submitting Ordinance providing for
the creation of a twenty minute park-
ing meter zone on the east side of
414 Special Session, Se ~tember 17,1984
Locust St. from Fourth to Ninth St.,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the fonow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 28-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE IOWA, BY
REVISING SECTIONS 25-326,
25-327, 25-328 and 25.257(d) PRO-
VIDING FOR CHANGES IN THE
PARKING REQUIREMENTS ON
THE EAST SIDE OF LOCUST ST.
FROM FOURTH ST. TO NINTH ST.,
presented and read.
Council Member Kronfeldt 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 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 Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 28-84
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY REVISING SECTIONS 25-326,
25-327, 25-328 AND 25-257(d) PRO-
VIDING FOR CHANGES IN PARK-
ING !REQUIREMENTS Oq
LOCUST STREET FROM 4TH
STREET TO 9TH STREET
NOW, THEREFORE, BE IT
ORDAINED, by the City Council of
the City of Dubuque, Iowa:
SECTION 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
is hereby amended by repealing first
unnumbexed paragraph of Section 25-
326 thereof and enacting a new first
mniumbered paragraph of Section 25-
326 in lieu thereof as follows:
"Sec. 25-326. Districts.
There are hereby established four (4)
parking meter districts in the City, to
be known as parking meter districts A,
B, C, and D, to be comprised by streets
and/or portions thereof, as follows:"
SECTION 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa
is hereby amended by enacting new
subsections to Secsion 25-326 thereof,
os follows:
**Sec. 25-326. Districts,
PARKING METER DISTRICT A
Locust Street, west side, between 8th
Street and 9th Street.
PARKING METER DISTRICT D
Locust Street, east side, between 4th
Street and 9th Street.
SECTION 3. That the Code of Ordi-
nances of the City of Dubuque, Iowa
is hereby amended by enacting a new
subsection (4) to Section 25-327
thereof, as follows:
"sec. 25-327. Fee Schedule.
(4) In parking meter district D such
meters shall show legal parking for ten
(10) minutes upon deposit of each five-
cent ($0.05) coin or twenty (20)
minutes upon deposit of one ten-cent
($0.10) coin, but not more than a total
of twenty (20) minutes at any one
SECTION 4. That the Code of Ordi-
nances of the City of Dubuque, Iowa
is hereby amended by enacting a new
subsection (4) to Section 25-328
thereof, as follows:
"Sec. 25-328. Maximum Parking
Times.
District D, not longer than twenty
(20) minutes."
SECTION 5. That the Code of Ordi-
nances of the City of Dubuque, Iowa
is hereby amended by repealing:
"Sec. 25-257. Prohibited or Desig-
nated Streets or Portions Thereof.
(d) Locust Street, both sides, from
West Second Street to West Third
Street and from West Eighth Street to
West Ninth Street; east side, from
West Fourth Street to West Eighth
Street."
and enacting a new subsection to
Section 25-257(d) in lieu thereof, as
follows:
"Sec. 25-257. Prohibited or Desig-
nated Streets or Portions Thereof.
(d) Locust Street, both sides, from
West Second Street to West Third
Street."
Special Session, September 17, 1984
415
SECTION 6. That all ordinances or
parts of ordinances in conflict with this
ordinance are hereby repealed.
PASSED, APPROVED AND
ADOPTED this 17th day of Septem-
ber, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 21st day of Sep-
tember, 1984.
Mary A. Davis
City Clerk
It 9/21
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskena, Delch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Ordinance providing for
the incorporation into the City Code
the three Urban RevitMization Areas
previously designated by the City
Council, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. 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. 29-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC
TING A NEW CHAPTER 35 1/2
THEREOF COMPRISED OF SEC-
TION 35 112-1 AND SECTION
35 1/2-10 THROUGH 35 112-12 PRO-
VIDING FOR THE DESIGNATION
OF REVITALIZATION AREAS,
presented and read.
Council Member Kronfeldt moved
that the reading just had be con-
sidered the first reading of the Or-
dlnance. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
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 Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 29-84
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY ENACTING A NEW CHAPTER
35~A THEREOF MOMPRISED OF
SECTION 351/~-1 AND SECTIONS
35V~-10 THROUGH 351/2-12 PROVID-
ING FOR THE DESIGNATION OF
REVITALIZATION AREAS.
WHEREAS, in accordance with the
provisions of Chapter 404 of the Code
of Iowa, City Council has designated
by ordinances certain areas within the
City as revitalization areas in order
that properties located within such
areas may qualify for exemptions from
taxation when improvements have
been made on individual properties and
to permit the authorization of the
msuance of revenue bonds for certain
projects; and
WHEREAS, it is deemed to be in
the best interest of the City to ineor-
)orate such designations in the Code
of Ordinances 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 amended by enacting a new Chap-
ter 351/2 thereof comprised of Section
35~h-1 and Sections 35¥2-10 through
359~-12 as follows:
"CHAPTER 35V~
REVITALIZATION AREAS
ARTICLE I. IN GENERAL
Sec. 35t~-1. Purpose
The purpose of this Chapter is to
encourage the upgrading of neighbor-
hoods by designating revitalization
areas in the City in order that the pro-
Special Session, September 17, 1984 417
416 Special Session, Ss ~tember 17, 1984
vision of providing exemptions from
taxations for qualified real estate
assessed as residential properties in
those areas is available for individual
properties where improvements have
been made and to authorize the
issuance of revenue bonds for projects
consistent with the revitalization plan
for the designated revitalization area.
ARTICLE II. DESIGNATION OF
AREAS
Sec. 35~,t-10. Jackson Park Urban
Revitalization Area
1) The area hereinafter described in
the City of Dubuque is hereby desig-
hated as the Jackson Park Urban
Revitalization Area in accordance with
the provi/lons of Chapter 404, Code of
Iowa.
Beginning at the intersection of
Bluff Street and West Fourteenth
Street; easterly along West Fourteenth
Street to the alley between Iowa
Street and Central Avenue; northerly
along said alley to West Seventeenth
Street; easterly along West Seven-
teenth Street to Heeb Street; northerly
along Heeb Street to the northerly line
of City Lot 675; westerly along said
line and along the northerly line of
City Lot 674 to Main Street right-of-
way; continuing westerly across said
right-of-way and along the northerly
line of Lot I of City Lot 673 to Madi-
son Street; continuing westerly across
Madison Street and along the north-
erly line of Lot 6 of 2 of City Lot 673
to the west line of said lot; southerly
along the west line of said lot and
along Lot 5 of 2 and Lot 2 of 4 of 2 of
City Lot 673 to Dorgnn Place; westerly
along Dorgan Place to the southeast-
erly line of Lot 1 of IA of Dorgan's
Subdivision; southwesterly along said
line and along the southeasterly line of
Lot 1 of 1 of Dorgan's Subdivision to
West Locust Street; continuing south-
westerly across West Locust Street and
across West Seventeenth Street to the
westerly line of D. N. Cooley's Subdi-
vision; first southerly, then southeast-
erly along said line to West Sixteenth
Street; southerly along the east right-
of-way line of Montrose Terrace to
Pickett Street; easterly along Pickett
Street to the east line of Lot 1 of 3 of
City Lot 667; southerly along said line
to the west line of Lot 2 of I of City
Lot 667; southerly along said line to
the south line of said lot; easterly
along said line to Bluff Street; south-
erly along Bluff Street to West Four-
teenth Street, the place of beginning.
2) All of the properties located in
such revitalization area shall be sub-
ject to the provisions of the Jackson
Park Urban Revitalization Plan as
adopted and approved by the Dubuque
City Council on December 22, 1980.
Sec. 35~t-11. West Eleventh
Street Urban Revitalization Area
1) The area hereinafter described in
the City of Dubuque is hereby desig-
nated as the West Eleventh Street
Urban Revitalization Area in accor-
dance with the provisions of Chapter
404, Code of Iowa.
Beginning at the intersection of
Lotus Boulevard and Alta Vista
Street; southerly along Alta Vista
Street to University Avenue; easterly
along University Avenue and along
West Ninth Street to Bluff Street;
northerly along Bluff Street to West
Tenth Street; easterly along West
Tenth Street to the alley between
Locust Street and Main Street; north-
erly along said alley to the West Tlfir-
teenth Street; easterly along West
Thirteenth Street to Main Street;
northerly al~)ng Main Street to West
Fourteenth Street; westerly along
West Fourteenth Street to Bluff
Street; northerly along Bluff Street to
the south line of Lot 2 of 1 of City Lot
667; westerly along said line to the
west line of said lot; northerly along
said west line to the east line of Lot 1
of 3 of City Lot 667; northerly along
said east line to Pickett Street; west-
erly along Pickett Street to the east-
erly right-of-way line of Montrose
Terrace; northerly along said right-of-
way line to West Sixteenth Street;
northwesterly along the southwesterly
line of D. N. Cooley's Subdivision to
West Seventeenth Street; westerly
along West Seventeenth Street to Cox
Street; southerly along Cox Street to
Lotus Boulevard; westerly along Loras
Boulevard to Alta Vista Street, the
point of begimdng.
2) All of the properties located in
such revitalization area shall be sub-
ject to the provisions of the West Elev-
enth Street Urban Revitalization Plan
as adopted and approved by the
Dubuque City Council on March 23,
1981.
Sec. 35~J-12. Washington Street
Urban Revitalization Area
1) The area hereinafter described in
the City of Dubuque is hereby desig-
hated as the Washington Street Urban
Revitalization Area in accordance with
the provisions of Chapter 404, Code of
Iowa.
Beginning at the intersection of
West Fourteenth Street and the alley
between Central Avenue and Iowa
Street; north on said alley to West
Seventeenth Street; east along West
Seventeenth Street to Heeb Street;
north on Heeb Street to the north line
of the south one-half of Lot I of City
Lot 438 and City Lot 439 and east part
of City Lot 676, east along said line to
Central Avenue; north along Central
Avenue to East Twentieth Street; east
along East Twentieth Street to Elm
Street; south along Ehi~ Street to East
Fifteenth Street; east along East Fif-
teenth Street to Pine Street; south
along Pine Street to East Fourteenth
Street; west along East Fourteenth
Street to Central Avenue; continuing
west along West Fourteenth Street to
tbe point of beginning.
2) All of the properties located in
such revitalization area shall be sub-
ject to the provisions of the Washing-
ton Street Urban Revitalization Plan
as adopted and approved by the
Dubuque City Council on July 20, 1981
and as amended on February 21,
1984."
Passed, approved and adopted this
17th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 21st day of Sep-
tember, 1984.
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
final adoption of the Resolution.
Seconded by Council Member Ham-
mci. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Ordinance to formally
record eleven (11) public parks and/or
recreation areas in the City Code of Or-
dinances, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 30-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE BY ENAC-
TING SECTIONS 27-92 THROUGH
27-102 PROVIDING FOR THE
DESIGNATION OF CERTAIN CITY
PARKS, presented and read.
Council Member Kronfeldt moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Manning. Carried by the fo]lowing
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
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 Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 30-84
AN ORDINANCE AMENDING
TO CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY ENACTING SECTIONS 27-92
THROUGH 27-102 THEREOF PRO-
VIDING FOR THE DESIGNATION
OF CERTAIN CITY PARKS.
WHEREAS, Sections 27-17 and 27-
18 of the Code of Ordinances of the
City of Dubuque delegates to the Park
and Recreation Commission the
responsibility to establish rules and
regulations governing the use of all
grounds and facilities that have been
or may be set aside as public parks,
playgrounds and other recreation
areas; and
WHEREAS, there are numerous
areas within the City that have been
418
Special Session, September 17, 1984
dedicated or otherwise set aside
City of Dubuque for recreation pur-
poses; and
WHEREAS, it is in the best interest
of the City that all such areas be
appropriately described by Ordinance
and included in the Code of Ordi-
nances 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 amended by enacting Section 27-92
through 27-110 thereof as follows:
"Sec. 27-92. Comiskey Field.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be con-
tinued to be known, called and named
Comiskey Field and placed under the
jurisdiction of the Park and Recreation
Commission.
Lots 1 through 23, Lots 24 through
46 and the intervening alley in Boule-
yard Addition of the City of Dubuque,
Iowa.
Sec. 27-93. Caledonia Play-
ground.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be con-
tinued to be known, called and named
as Caledonia Playground and placed
under the jurisdiction of the Park and
Recreation Commission.
Lot 38 of Kelly's Subdivision in the
City of Dubuque, Iowa.
Sec. 27-94. Marshall Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be con-
tinued to be known, called and named
as Marshall Park and placed under the
juris&ction of the Park and Recreation
Comnfission.
Northwest one-quarter of the south-
east one-quarter of the southwest one-
quarter of Section 10, Township 89
North, Range 2 East of the Fifth
according to the United States Gev-
ernment Survey thereof, and the
southwest quarter of the southwest
quarter of Section 10, Township 89
North, Range 2 East of the Fifth P.M.
according to the United States Gov-
ernment Survey thereof; also right-of-
way over the westerly 20 feet of Lot 1
of the Subdivision of Lot I of I of I of
Mineral Lot 390, Lot 2 of 1 of Mineral
Lot 386 and Lot 2 of Mineral Lot 380
according to the recorded plats thereof;
allin the City of Dubuque, lowa.
Sec. 27-95. Oakwood Park.
The following described parcel of
real estate is and shall be used for
)ark purposes and shall be con-
tinued to be known, called and named
as Oakwoed park and placed under the
' the Park and Recreation
Commission.
Lot 2 Oakwoed Park subdivision and
Lot 1 of Lot t of Lot 1 of Helm Subdi-
vision, both in the City of Dubuque,
Iowa.
Sec. 27-96. Washington Park.
The following described parcel of
real estate is and shall be used for
ark purposes and shah be con-
tinued to be known, called and named
as Washington Park and placed under
the jurisdiction of the Park and recre-
ation Commission.
An area bounded on the northerly
side of West Seventh Street, on the
westerly side by Bluff Street, on the
southerly side by West Sixth Street,
and on the easterly side by Locust
Street.
Sec. 27-97. Grant Park.
The following described parcel of
real estate is and shall be used for
purposes and shall be con-
to be known, called and named
os Grant park and placed under the
jurisdiction of the Park and Recreation
Commisaion.
A triangularly shaped area bounded
on the easterly side by Locust Street,
on the westerly side by Bluff Street,
and on the southerly side by Fifteenth
Street.
Sec. 27-98. Flat Iron Park.
The following described parcel of
real estate is and shall be used for
purposes and shall be con-
tinued'to be known, called and named
as Flat Iron park (Phoenix) and placed
under the jurisdiction of the Park and
Recreation Commission.
A triangularly shaped area bounded
on the easterly side by Main Street,
on the southerly side by Jones Street
and on the westerly side by Shields
Street.
Sec. 27-99. Jackson Park.
The following described parcel of
real estate is and shall be used for
tPiublic park purposes and shall be con-
hued to be known, called and named
as Jackson Park and placed under the
jurisdiction of the park and Recreation
Commission.
An area bounded on the westerly
side by Main Street, on the southerly
side by Fifteenth Street, on the east-
erly side by Iowa Street and on the
northerly side by the south property
line of City Lot 746 of the original
township, all in the City of Dubuque,
Iowa.
Special Session, September 17, 1984
sec. 27-100. Allison-Henderson
Park.
The following described parcel of
real estate is and shhll be used for
public park purposes and shall be con-
tinued to be known, called and named
as Allison-Henderson Park and placed
under the jurisdiction of the Park and
Recreation Commission.
Lots 1, 18, 19, 20, 21 and 22 of Pine-
burst Subdivision in the City of
Dubuque, Iowa.
Sec. 27-101. Avon Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be con-
tinued to be known, called and named
as Avon Park and placed under the
jurisdiction of the Park and Recreation
Commission.
Lots 6 through 10 of Mary Ann
McDaniel's Subdivision of parts of
Lots 823 and 824 of A. McDanlel's
Subdivision in the City of Dubuque,
Sec. 27-102. Jefferson Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be con-
tinued to be known, called and named
as Jefferson Park and placed under the
jurisdiction of the Park and Recreation
Commission.
Lots 41 and 42 of Farley's Subdivi-
sion in the City of Dubuque, Iowa."
PASSED, APPROVED AND
ADOPTED this 17th day of Septem-
ber, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 21st day of Sep-
tember, 1984.
Mary A. Davis
City Clerk
it 9/21
Council Member Kronfeldt moved
final adoption of the Ordinance
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending acceptance of conver-
sion of bleachers at Five Flags Civic
Center from manual to electrical
operation, presented and read.
Council Member Hammel moved
419
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.
(Accepting Improvement)
RESOLUTION NO. 318-84
WHEREAS, the contract for the
Converting Existing Bleachers to
Electrical Operation for Dubuque Five
Flags Center has been completed and
the City Manager has examined the
work and filed his certificate stating
that the same has been completed
cording to the terms of the contract,
plans and specifications and recom-
mends its acceptance;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
ment be and the same is hereby ac-
cepted.
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tot from Revenue Sharing in amount
equal to the amount of his contract,
less any retained percentage provided
for therein.
Passed, approved and adopted thi,
17th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member KronfeldL Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
(Final Estimate)
RESOLUTION NO. 319-84
WHEREAS, the contract for the
420 Special Session, Se ~tember 17, 1984
Converting Existing Bleachers to
Electrical Operation for Dubuque Five
Flags Center has been completed and
the City Engineer has submitted ins
final estimate showing the cost thereof
including the cost of estimates, notices
and inspection and ail mieeeilaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the cost of said ira-
provement is hereby determined to be
$31,584.43 and that said amount shall
be paid from the Revenue Sharing of
the City of Dubuque, Iowc~
Passed, approved and adopted this
17th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfcidt, Manning.
Nays--None.
Communication of Planning and
Zoning Commission approving plats
(2) for property located east of Samuel
St. in the City and owned by Francis &
Darlane Kelly, Stephen and Kathleen
Livens and Janet Simpson, presented
and read.
Council Member Hanunel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 320-84
Resolution Approving the Final Plat
of the Subdivision of Lot 2-2 of St.
George's Subdivision No. 2 in the City
of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a final plat of the
Subdivision of Lot 2 of 2 of St.
George's Subdivision No. 2 in the City
of Dubuque, Io~va; and
WHEREAS, said final plat has been
examined by the City Planning and
Zoning Commission and they find that
the same conforms to the statutes and
ordinances relating thereto, except
that Lot 1-2-2 is of insufficient size;
and
WHEREAS, said final plat has been
approved by the City Planning and
Zoning Commission on the condition
that Lot 1-2-2 can only be developed in
conjunction with an adjoining lot; and
WHEREAS, said final plat has been
examined by the City Council and they
find the same conforms to the stat-
utues and ordinances relating thereto;
and
WHEREAS, the City Council con-
curs in the condition of approval
established by the City Planning and
Zoning Commiseion;
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 at-
tached, acknowledging and agreeing:
a) Lot 1-2-2 of the Subdivision of Lot
2-2 of St. George's Subdivieion No. 2
can only be developed in conjunction
with an adjoining lot.
Section 2. That in the event the
owner fails to execute the Acceptance
provided for in Section i herein within
forty-five (45) days after the date of
this Resolution, the provisions herein
shall be null and void and the approval
of the Plat shall not be effective.
Passed, approved and adopted this
17th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Special Session, September 17, 1984 421
Acceptance of Resolution No. 32084I directed to endorse the approval of the
We the undersigned Francis E. Kelly I City of Dubuque, lowa upon saidplat.
and Darlene Kelly, having read the ~ Passed, approved and adopted this
terms and conditions of the foregoing
Resolution No. 320-84 and being
famiil~r with the condition thereof
hereby accept the s~me and agree to
the condition required therein.
Dated at Dubuque, Iowa this 18th day
of October, 1964.
By Is/Francis E. Kelly
By /s! Darlene Kelly
alkJa Darlene R. Kelly
Council Member Hummel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ded by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hummel,
Kluesner, Kronfeidt, Manning.
Nays--None.
RESOLUTION NO. 321-84
A Resolution Approving the Final
Plat of the Subdivision of Lot 1 and
Lot 1 of 2 of St. George's Subdivision
No. 2 in the City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a final plat of the
Subdivision of Lot 1 and Lot I of 2 of
St. George's Subdivision No. 2 in the
City of Dubuque, Iowa;
WHEREAS, said final plat has been
examined by the City Planning and
Zoning Commission and had its ap-
proval endorsed thereon; and
WHEREAS, said final plat has been
examined by tlie City Council, and the
City Council finds that the same con-
forms to statutes and ordinances
relating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the final plat of the
Subdivision of Lot i and Lot i of 2 of
St. George's Subdivision No. 2 in the
City of Dubuque, Iowa be and same is
hereby approvec~ and the Mayor and
City Clerk are hereby authorized and
17th day of September, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammci moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the foilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
BOARDS AND COMMISSIONS --
Airport Commission - One Six Year
Term which would expire 9-14-90
ITerm of G. NewtS. Applicants: Ed-
ward Babka, Wm, Frieburger, Stephen
Keiley, Michael Phillips, Allan Thorns.
Vote on the appointment: Council
Member Bourskens voted for Thorns;
Mayor Brady voted for Phillips; Coun-
cil Member Deich voted for Kelly;
Council Member Hammel voted for
Thorns; Council Member Kluesner
voted for Thorns; Council Member
Kronfeldt voted for Babka; Council
Member Manning voted for Thorns.
Therefore, Allan Thoms appointed
to a six year term on the Airport Com-
mission which will expire 9-14-90.
Zoning Board of Adjustment - One
Five year term which will expire
9-19-89 (Term of D. Reddingl. Appli-
cant. Donald Redding.
Council Member Kronfeldt moved
that D. Redding be appointed to the
Zoning Bd. of Adjustment for a five
year term which win expire Sept. 19,
1989. Seconded by Council Member
Beurskens. Carried by the foilowing
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfcidt, Manning.
Nays--None.
RESOLUTION NO. 322.84
WHEREAS, Applicants for Beer
Permits have been submitted and filed
to this Council for approval and the
422 Special Session, S~ ,tember 17, 1984
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B' BEER PERMIT
Pizza Hut of Dubuque #2
320 E. 20th St.
(Also Sunday Sales)
T. I. Investments, Inc.
1575 J. F. Kennedy
(Also Sunday Sales)
CLASS "C" BEER PERMIT
The Monday Co. 4003 Peru Rd.
tAlso Sunday Sales)
Mulgrew Oil Co. 3300 Asbury Rd.
IAlso Sunday Sales)
Passed, approved and adopted this
17th day of September, 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, Manning.
Nays--None.
RESOLUTION NO. 323-84
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "B" ~HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Dubuque Motor Hotels, Inc.
1111 Dodge St.
(Also Sunday Sales)
CLASS "C" ICOMMERCIAL)
BEER AND LIQUOR LICENSE
William Baum 500 Rhomberg Ave.
(Also Sunday Sales)
Passed, approved and adopted this
17th day of September, 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, Manning.
Nays--None.
Application for Class "C" Beer & Li-
quor License to Patrick J. Barry &
Gary Kupferschmidt IWhiskey River),
presented and read.
Council Member Hammel moved
that there be a Hearing concerning
this application at the Council
Meeting of October 1, 1984 at 7:30
p.m. in the City Hall Council
Chambers. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Printed Council Proceedings for the
month of May presented for approval.
Council Member Hammel moved
that the proceedings be approved as
printed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Special Session, September 17, 1984
423
Kluesner, Kronfeldt, Manning.
Nays--None.
MINUTES SUBMITTED: Airport
Commission of 8-23, Equipment &
Training Committee of the Cable Com-
munity Teleprogramming Commission
of 8-21; FM Committee of the Cable
Community Teleprogramming Comm.
of 8-23; Cable TV Regulatory Comm.
of 8-15; Chamber of Commerce
Economic Development Services Final
Report for 4th Quarter of Fiscal Year
1984; Civil Service Conm~. of 7-12;
Four Mounds Task Force of 8-27; Elec-
trical Examining Bd. of 9-10; Historic
Preservation Comm. of 8-28; Housing
Comm. of 8-28; Mechanical Bd. of 9-4;
P & Z Comm. of 9-5, presented and
read.
Council Member Hammel moved
that the minutes be received and filed.
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
NOTICES OF CLAIMS AND SUITS:
Deborah Brennan in amount of $10 for
personal property toss; S. Lynn Har-
bin in estimated amount of $90 for tire
damages; Sue Johns in unknown
amount for backed-up sewer damages;
Klm Kelley vs. City of Dubuque et al
in unknown amount for personal in-
juries; Attorneys Lane & Waterman
on behalf of their client in amount of
$15,000 for broken water main
damages; Brian Kohn in amount of
$206.34 for tire and rim damages; Jim
and Casie Noel in amount of $79.50 for
personal injuries, 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.
Communications of Corporation
Counsel Lindahi recommending settle-
ment in the amount of $600 for per-
sonal property and damage claim of
Joseph C. & Jean May; Settlement in
the amount of $44.89 for sewer backup
claim of James Wagner; Settlement in
the amount of $447.10 for personal in-
jury claim of Lori Ann Pecor and Joan
Ingles, presented and read.
Council Member Hammel moved
that the settlements be approved and
the Finance Director directed to issue
proper checks. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammol,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Corporation
Counsel Lindahl recommending claim
of Robert J. Eichacker be closed,
presented and read.
Council Member Hammel moved
that the communication be received
and filed and denial/closing be approv-
ed. Seconded by Council Member
Kronfaldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Grace Maul ob-
jecting to ten percent (10%) residential
property tax hike as proposed, pre-
sented and read.
Council Member Hammel moved
that the communication be referred to
the Budget process. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Dorothy and Phil
Lochner requesting attention to be
given to maintenance of the bridge
connecting Highway 20 to Cedar
Cross Road, presented and read.
Council Member Hammel moved
that the communication be referred to
the Budget process. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfaldt, Manning.
Nays--None.
424 Special Session, Se ~tember 17, 1984
September 6, 1984
Honorable Mayor and
Members of the City Council
Pursuant to a request of the City
Manager dated July 2, 1984, and in ac-
cordance with the provisions of
Chapter 400 of the 1983 Code of Iowa.
the Civil Service Commission con-
ducted written examinations on
August 22. 1984 for the position of
"Mechanic" for the Public Works
Department.
We do hereby certify that the follow-
ing have successfully passed the writ-
ten exam for the position of Mechanic.
MECHANIC
Steven J. Kraft Michael R. Stowers
John S. Zenner Timothy W. Vorwald
Dean W. Guler Dennis J. Groom
Gary X. Pfab Charles C. Charkey, III
Dana E. Fleming Mark Woller
A second llst is available if needed.
Respectfully submitted,
Gerald J. Koppes
Chairperson
John E. Hess
Dolores A. Reihle
Civil Service Commission
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved
that the communication be received
and filed and be made a matter of
record. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting response to petition from
Connie L. Riedl requesting a four way
stop sign at the corner of 12th and
Elm Streets and recommending stop
signs remain as they currently exist,
presented and read.
Council Member Hummel moved
that the communication be received
and filed and recommendation approv-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting response to petitions from
Thomas O'Neill and Wayne Whitten-
baugh regarding purchase of City-
owned land, presented and read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council
Member Kronfoldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
providing a response to a Council
referral from the July 2, 1984 Council
meeting from DMATs referring to the
need for sidewa]ks on that portion of
Asbury Road leading to the City of
Asbury, presented and read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council
Member Kronfoldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfoldt, Manning.
Nays--None.
There being no further business,
Council Member Kronfoldt moved to
adjourn. Seconded by Council Member
Hummel. Carried by the fo[lowing
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfoldt, Manning.
Nays--None.
Mary A. Davis
City Clerk
Approved 1985
Adopted 1985
Special Session, September 17, 1984
Mayor
Council Members
City Clerk
ii