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1982 June Council Proceedings187 Special Session, May 17, 1982 Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of West Side Business and Professional Association of Dubuque submitting comments regarding paving of J.F,K. Road and Wacker Dr. improvements from Penn- sylvania Ave. to Highway 20, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Khiesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Dick Kemp, addressed the Council relative to the People's Natural Gas petition for excavation. There being no further business, Council Member Deich moved to ad- journ. Seconded by Council Member Hammei. Carried by the following Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Delch. Hammel, Klaesner, Kronfeldt. Nays--None. Abeent--Mayor Brady. Mary A. Davis City Clerk Approved__ __1982 Adopted 1982 Mayor Council Members ATTEST: City Clerk Regular Session, June 7, 1982 188A CITY COUNCIL OFFICIAL Regular Session, June 7, 1982. Precent--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Counsel Harley F. Stark, Jr. Absent--Council Member Beur- skens. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the pur- pose to act upon such business which may properly come before the Council. Invocation was given by Eugene Zlrker, Bishop of the Church of Jesus Christ of Latter Day Saints. PROCLAMATIONS: June 14 through July 4, 1982 as "Period to Honor America"; September 7, 1982 as "Peace Day"; Week of June 13th as "Boat Safety Week" received by Dick Sullivan. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to consider amending Zoning Ordinance to establish zoning districts for the territory known as the "North Sector" involuntarily annexed, presented and read. There were no written objections received. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. An Ordinance Amending Zoulng Or- dinance to amend the Zoning Map with regard to properties in the North Sector of the territory involuntarily annexed to the City of Dubuque, said Ordinance having been presented and read at the Council Meeting of May 3, 1982, presented for final adoption. Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--Council Members Klauer and Kluesner. Nays--Mayor Brady, Council Mem- bers Deich, Haramei, Kronfeldt. Absent--Council Member Beur- skens. MOTION FAILED TO PASS. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to consider amending Zoning Ordinance for properties adjacent to the North Sector, presented and read. There were no written objections received. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Klauer. Carried by the follow- hig vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. An Ordinance Amending the Zoning Map with regard to properties adja- cent to the North Sector in the City of Dubuque, said Ordinance having been presented and read at the Council Meeting of May 3, 1982, presented for final adoption. Council Member Hummel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Vote on the motion was as follows: Yeas--Council Members Klauer and Khiesner. Nays--Mayor Brady, Counc'd Mem- bers Deich, Hammel, Kronfeidt. Absent--Council Member Beur- skens. MOTION FAILED TO PASS. Proof of publication, certified to by the Publisher of Notice of Public Hear- ing to consider amending Zoning Or- dinance providing for service vehicle parking as an accessory use and regulating the number and weight of the vehicles in a C-2 Local Service Commercial District (3033 Asbury, Group W), presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Kronfeid~. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klauer, 189 Regular Session, June 7, 1982 Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beurskens. ORDINANCE NO. 28-82 AN ORDINANCE AMENDING ZON- lNG ORDINANCE BY ENACTING A NEW SECTION 4-113.3 OF ARTICLE IV IN LIEU THEREOF TO ALLOW SERVICE VEHICLE PARKING AS AN ACCESSORY USE AND REGULATING THE NUMBER AND WEIGHT OF THE VEHICLES, said Ordinance having been presented and read at the Council Meeting of May 17, 1982, presented for final adoption. ORDINANCE NO. 2682 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROV1D- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ODINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY REPEALING SEC- TION 4-113.3 OF ARTICLE IV AND ENACTING A NEW SEC- TION 4-113.3 OF ARTICLE IV IN LIEU THEREOF, TO ALLOW SERVICE VEHICLE PARKING AS AN ACCESSORY USE AND REGULATE THE NUMBER AND WEIGHT OF THE VEHICLES. 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 revising. Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by repealing Sec- tion 4-113.3 Accessory Uses and Struc- tures of Article IV thereof, and enacting a new Section 4-113.3 in lieu thereof, as follows: Section 4-113 C-2 LOCAL SERVICE COMMERCIAL DISTRICT 4-113.3 Accessory Uses and Structures Accessory uses and structures shail be p~rmitted in the C-2 Commercial District only in accordance with the provisions and regulations of Article V of this ordinance, entitled "Supple- mentary District Regulations", and include in addition to those subordi- nate uses winch are clearly and cus- tomarily incidental to the principal permitted uses, the following: L Service veincle parking, provided that the number of veincles does not exceed three (3), and the gross vein- cie weight ~as defined by Iowa Department of Transportation) does not exceed 10,000 pounds. 2. The number of service vehicles parked may exceed three only upon compliance with the following condi- (b) The gross vehicle weight (as (c) The number of service vehicles Ordinance. (d) Other than service vehicles as Iowa. PASSED, APPROVED AND ATTEST: MAYOR CITY CLERK Published officially in the Telegraph Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Kro~feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Klauer, Kluesner, Kronfeldt. Absent--Council Member Benrskens. Communication of Planning and Zon- ing Commission recommending amend- ment to Zoning Ordinance to change establishing a maximum size for Council Member Hummel moved that ~ received and ill- Seconded by .Council Member Carried by the following Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Klauer, Kluesner, Kronfeldt. ' Nays--None. Regular Session, June 7, 1982 190 Absent--Council Member Beurskens. An Ordinance Amending certain sec- tors of the Zoning Ordinance in lieu thereof to delete greenhouses as a prin- cipal permitted use in the R-1 Residen- tial District and to establish a max- imum size for non-commercial greenhouses, presented and read. Council Member Hummel moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kronfeldt. Car- ded by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beurskens. Council Member Hummel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beurskens. Council Member Hummel moved that a Public Hearing be held on the Or- dinance on July 6, 1982 at 7:30 p.m. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Klueener, Kronfeldt. Nays--None. Absent--Council Member Beurskens. Commudication of City Manager sub- mltting Resolution providing for the submission of a capital application to UMTA and setting a Public Hearing, presented and read. Council Member Klauer moved that the communication be received and filed and the Public Hearing be set for July 19, 1982 at 7:30 p.m. in the Public Library Auditorium. Seconded by Council Member Hummel. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Benrskens. RESOLUTION NO. 129-82 Resolution authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as Amended. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation pro- jects; WHEREAS, the contract for flnan- cial assistance will impose certain obligations upon the applicant, in- cluding the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an ap- plication for assistance under the Ur- ban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transpor- tation requirements thereunder; and WHEREAS, it is the goal of the Ap- plicant that minority business enter- prise be utilized to the fullest extent possible in connection with this pro- ject, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible op- portunity to compete for contracts when procuHng construction con- tracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RE- SOLVED BY THE DUBUQUE, IOWA CITY COUNCIL 1. That Jim Brady, Mayor is authorized to execute and file an ap. plication on behalf of the City of Dubu- que, Iowa with the U.S. Department of Transportation, to aid in the financing of two 30 ft. diesel buses. 2. The Jim Brady, Mayor is authoriz- ed to execute and filed with such ap- plication an assurance or any other document required by the U.S. Depart- ment of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That William Kohler, Keyline Transit Manager, is authorized to fur- nish such additional information as the U.S. Department of Transporta- tion may require in connection with the application or the project. 4. That Jim Brady, Mayor is authorized to set forth and execute af- firmative minority business policies in connections with the project's pro- curement needs. Passed, adopted and approved tins 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk 191 Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hanunel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Communication of City Manager submitting documents for review, con- sideration and approval to enable con- struction of a public parking lot, using Community Development Funds, in the Municipal Ice Harbor area, presented and read. Council Member Hammel moved that the communication be recelved filed. Seecnded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. RESOLUTION NO. 130-82 WHEREAS, there is presented to the City Council of the City of Dubu- que, Iowa, a proposed form of agree- ment by and through its Board of Dock Commissioners, the Burlington Northern Railroad Company, the Dubuque County Historical Society, Dubuque Barge and Fleeting Services Company and Robert's River Rides, Inc., this agreement realigning, releas- ing and changing imposition of ease- ment rights, a copy of said agreement hereto attached; and WHEREAS, said agreement relocates the permanent right of way across Burlington Northern trackage to provide pedestrian traffic access to the public parking lot and the freighthouse museum complex; and WHEREAS, said agreement pro- vides for right of way easement ex- changes with the Burlington Northern Railroad Company to provide that the municipal inner levee property of the City will have contiguous Second Street access; and WHEREAS, the agreement pro- rides the City with binding assurances from the Dubuque County Historical Society relative to fencing and safety concerns; and WHEREAS, the Board of Dock Commissioners of the City of Dubu- Regular Session, June 7, 1982 que, Iowa, has approved said agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed agree- ment between the City of Dubuque Board of Dock Commissioners, the Burlington Northern Railroad Com~ oany, the Dubuque County Historical Society, Dubuque Barge and Fleeting Services Company and Robert's River Rides, Inc., a copy of which agreement is hereto attached, should be set down for publie hearing in the manner as pro- vided by law. Section 2. That the City Clerk be and is hereby directed to publish notice of time and place of hearing on said agreement in a manner provided by law. Passed, adopted and approved tt~is 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution setting Hearing for June 21, 1982. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beurskens. RESOLUTION NO. 131-82 WHEREAS, there is presented to the City Council of the City of Dubu- que, Iowa, a proposed form of amend- ment to lease by and through its Board of Dock Coron~sslaners, as Lessor, and Dubuq~ie Barge and Fleeting Service Company, an Iowa corporation, leasing rea! estate on the north side of the Ice Harbor in Dubu- que, Iowa; and WHEREAS, sald amendment to lease provides for a reduction in land area under lease and agreement of .17 acres, more or less, this reduction in land area to provide for the area necessary for the construction of a municipal parking lot as shown on the plat attached hereto; and WHEREAS, the Board of Dock Commlasioners of the City of Dubu- que, Iowa, has approved said proposed amendment to lease. NOW, THEREFORE, BE IT BE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, RegularSessios June7,1982 192 IOWA: Section 1. That the proposed amend- ment to lease and agreement by and between the City of Dubuque, Iowa, by and through its Board of Dock Com- missioners as Lessor and the Dubuque Barge and Fleeting Service Company as lessee, a copy of which amendment to Lease is hereto attached, should be set down for publie hearing in the man- ncr as provided by law. Section 2. That the City Clerk be and is hereby directed to publish notice of time and place of hearing on said amendment to lease in a manner pro- vided by law. Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution setting it for Public Hearing on June 21, t982~ Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. RESOLUTION NO. 132-82 WHEREAS, there is presented to the City Council of the City of Dubu- que, Iowa, a proposed sublease of pro- perty by Dubuque Barge and Fleeting Service Company to the Dubuque County Historical Society, by and through its Board of Dock Commis- sioners, as Lessor; and WHEREAS, said sublease provides for the subleasing of a portion of the leased premises of Dubuque Barge and Fleeting to the Dubuque County Historical Society for the accomoda- tion of the dredge, William M. Black; and WHEREAS, the Board of Dock Commissioners of the City of Dubu- que, Iowa, has approved said proposed sublease. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed sublease by and between the Dubuque Barge and Fleeting Company and the Dubuque County Histarical Society by and through its Board of Dock Com- missioners as Lessor, and the Dubu- que Barge and Fleeting Services Corn* pany as Lessee, a copy of which sublease is hereto attached, should be set down for public hearing in the man- ner as provided by law. Section 2. That the City Clerk be and is hereby directed to publish notice of time and place of hearing on said sublease in a manner provided by law. Passed, adopted and approved this 7th day of June. 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution, setting Hearing for June 21, 1982. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. RESOLUTION NO, 133-82 WHEREAS, there is presented to the City Council of the City of Dubu- que, Iowa, a proposed form of amend- ment to Lease by and through its Board of Dock Commissioners, as Lessor and Robert's River Rides, Inc., an Iowa corporation, leasing real estate on the north side of the Ice Har- bor in Dubuque, Iowa; and WHEREAS, said amendment to lease provides for a reduction in land area under lease and agreement of ap- proximately .63 acres, more or less, this reduction in land area to provide for the area necessary for the construc- tion of a municipal parking lot as shown on the plat attached hereto; and WHEREAS, said amendment pro- vides for a change in rental fee schedule; and WHEREAS, the Board of Dock Commissioners of the City of Dubu- que, Iowa, has approved said proposed amendment to lease. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, Regular Session, June 7, 1982 194 193 Regular Session, June 7, 1982 IOWA: Section L That the proposed amend- ment to lease and agreement by and between the City of Dubuque, Iowa, by and through its Board of Dock Com- missioners as Lessor and Robert's River Rides, Inc., as lessee, a copy of which amendment to Lease is hereto attached, should be set down for public hearing in the manner as provided by Section 2. That the City Clerk be and is hereby directed to publish notice of ~me and place of hearing on said vided by law. Passed, adopted and approved this 7th day of June. 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hummel moved adoption of the Resolution, setting Hearing for June 21, 1982. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. RESOLUTION NO. 134-82 WHEREAS, there is presented to the City Council of the City of Dubu- que, Iowa, a proposed sublease of pro- petty by Robert's River Rides, Inc., to the Dubuque County Historical Socle- ty, by and through its Board of Dock Commissioners as Lessor; and WHEREAS, said sublease provides for the subleasing of a portion of the leased premises of Robert's River Rides, Inc., to the Dubuque County Historical Society for the accommoda- tion of the dredge, William M. Black; and WHEREAS, the Board of Dock Commissioners of the City of Dubu- que, Iowa, has approved said proposed sublease. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed sublease by and between Robert's River Rides, Inc., and the Dubuque County Historical Society by and through its Board of Dock Commis- sioners as Lessor and Robert's River Rides, Inc., as Lessee, a copy of which sublease is hereto attached, should be set down for publlc hearing in the man- ner as provided by law. Section 2. That the City Clerk be and is hereby directed to publish notice of gime and place of hearing on said Passed, adopted and approved this of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Member Hummel moved adoption of the Resolution, setting Hearing for June 21, 1982. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady. Council Members Delch, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Communication of City Manager sub~itting procedures for the con- struction of the parking lot at the Ice Harbor (Ice Harbor Museum- Riverfront Tourist Access Project), presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Delch, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. (Necessity for Improvement) RESOLUTION NO. 135-82 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- quo, Iowa, and are now on file in the of- fice of the City Clerk showing among other things the plans, specifications and form of. contract for the improve- ment, and an estimate of the cost for the Ice Harbor Museum- Riverfront Tourist Access~ BE I~ 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 propsoed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Community Development Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 7th day of June, 1982. Approved and placed on filed for final action. APPROVED: Ja~nes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved ap- proval of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. RESOLUTION NO. 136-82 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs., etc. for the Ice Harbor Museum- Riverfront Tourist Access in the estimated amount of $122,904.80, are hereby approved and ordered fried in the office of City Clerk for public in- spection. Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Bear- skens. (Fixing Date of Hearing) RESOLUTION NO. 137-82 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion for the Ice Harbor Museum- Riverfront Tourist Access, and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in lie City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RE- SOLVED that on the 21st day of June, 1982, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested ~ersons 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 shah not be less than four days nor more than twenty days prior to the day fix~ ed for its consideration, and unless in- terested persons at the time of the final consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shah be deemed to have waived aH objec- tions thereto. Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- ~kens. (Ordering Construction) RESOLUTION NO. 138-82 BE IT RESOLVED BY THE CITY 195 COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 135-82 which was duly passed by this Council for the Ice Hat- bor Museum- Riverfront Tourist Ac- cess be and the same is hereby ordered and constructed by this Council upon its own motion and with or without petition of property owners. All the work shall be constructed in accor- dance with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Com- munity Development Fund. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less that four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 24th day of June, 1982. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meeting to be held at the City Council Chambers at 7:30 p.m. on the 6th day of July, 1982. 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, adopted and approved this 7th day of June, t982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Absent--Council Member Beurskens. Petition of Girl Scout Troop #26 of Bryant School submitting a petition requesting consideration be given to completing Dubuque's bike trail to connect the two parts we now have on the flood wan, presented and read. Sherry Cheney and several Brownie Regular Session, June 7, 1982 Scouts spoke to the Council re- questing consideration of the above. Council Member Hammel moved that the petition be received and filed and matter referred to the City Manager. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beurskens. Petition of Ad-Hoc Committee for Nuclear Education concerning nuclear welfare requesting to address the Council. and petition with 25 .signatures supporting a strong U.S. and Civil Defense, presented and read. Council Member Klauer moved that the petitions be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas-Mayor Brady, Council Members Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Absent--Council Member Beurskens. Sr. Carolyn Farrell, Dr. Peter Whirls, David Roberts, Sister Marguerite Neuman, Tom Beckman, Paul Fuerst, Patricia Bowman, Robert Uthe, Rev. Ken Hindman, and Gene Harbaugh, all requested passage of the proposed Resolution(s) giving specifics of the horrors of nuclear war and imminent possibility of the holocaust if the freeze of nuclear arms and other deterrants are not stressed. A Petition with 600 signatures sup- porting the freeze of nuclear arms, presented and read. Council Member Klauer moved that the petition b~ received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Klueener, Kronfeldt. Nays--None. Absent--Council Member'Beurskens. RESOLUTION NO. 139-82 WHEREAS, the greatest challenge facing the earth is to prevent the oc- currence of nuclear war by accident or design; · WHEREAS, the nuclear arms race is dangerously increasing the risk of holocaust that would be humanity's Regular Session June 7, 1982 196 final war; and WHEREAS, a freeze followed by reductions in nuclear warheads, mlasiles, and other delivery systems is needed to halt the nuclear arms race and to reduce the risk of nuclear war; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that we express our endorsement of the follow- lng resolution which is now before the Congress of the United States, 1) As an immediate strategic arms control objective, the United States and the Soviet Union should: a) pursue a complete halt to the nuclear arms race; b) decide when and how to achieve a mutual verifiable freeze on the testing, production and further development of nuclear warheads. missiles and other delivery systems; c) give special attention to destabilizing weapons whose deploy- ment would make such a freeze more difficult to achieve. 2) Proceeding from this freeze, the United States and the Soviet Union should pursue major, mutual and verifiable reductions in nuclear warheads, missiles and other delivery systems; through annual percentages or equally effective means, in a manner that enhances stability. Passed, adopted and approved this 7th day of June. 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved ap- proval and support and adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Klauer, Kluesner, Kronfeldt. Nays--Council Member Deich, Ham- reel. Absent--Council Member Beur- skens. A Petition with 600 signatures ex- pressing support of a Referendum prior to any participation in any federally funded plan or program ~f civil defense, presented and read. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. A RESOLUTION approving referendum prior to participation in any federally funded plan or program of civil defense, presented and read. Council Member Klauer moved to deny the adoption of the Resolution. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Bent- skens. Petition of D. James Edwards re- questing six month extension for com- pletion of final plans for the PUD Development of property located south of Patricia Ann Drive and west of Edwards Road to expire Dec. 7, 1982, presented and read. Council Member Kronfeldt moved that the petition be received and filed and extension approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Communication 9f City Manager responding to County Board of Super- visors decision to lease/purchase Exe- cutone Equipment for Poliee Depart- ment and requesting Council reaffirm its earlier decision, presented and read. Council Member Klauer moved that the communication be received and filed and approved earlier decision. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Communication of City Manager submitting Resolution authorizing Mayor to sign Stipulation of Bargain- ing Unit for representation of certain City employees with the Operating Engineer's Union, presented and read. 197 Regular Session, June 7, 1982 Council Member Deich moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens, RESOLUTION NO. 140-82 Authorizing the Mayor to sign a Stipulation of Bargaining Unit WHEREAS, the 65th General Assembly adopted the Public Employ- ment Relations Act, Chapter 20, Code of Iowa, 1975; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1), of the Public Employ- ment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local 758, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local 758, has submitted a petition to the Public Employment Relations Board requesting to represent certain public employees in the City of Dubuque; and WHEREAS, the parties have reach- ed a tentative agreement as to what constitutes an appropriate unit for the purpose of collective bargaining within the meaning oI the Public Employ- ment Relations Act. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Mayor be authorized to sign the Stipulation of Bargaining Unit. Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur: skens. Communication of City Manager submitting an Ordinance providing for the designation of the official City Flag, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, KronfeldL Nays--None. Absent--Council Member Beur- skens. ORDINANCE NO. 29-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE~ IOWA, BY ADDING SECTION 2-9 THEREOF PROVIDING FOR A CITY FLAG, presented and read. Council Member Hummel moved that tlie reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Council Member Hummel 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 Ktuesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. ORDINANCE NO. 29-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING SECTION 2-9 THEREOF PROVIDING FOR A CITY FLAG NOW THEREFORE, BE IT ORDAINED by the City Council of the City'0f Dubuque, Iowa: Section 1. That the Code of Ordi- nances of the City of Dubuque, ~owa Regular Session, June 7, 1982 198 be amended by adding a new Section 2-9 thereof as follows: "Sec. 2.9 CITY FLAG a) Specifications. The flag designed by Maureen. E. Frommelt, selected through an open competition in 1967, and which flag being rectangular in shape consisting of a United Nations blue border followed by an Irish green band with a gold center upon which the city seal is imprinted in black let- tering, as such design is displayed on the flag in City Council Chambers in City Hall, is hereby adopted as the official city flag, for use on all occa- sions where the official city flag may be appropriately displayed. b) Use. Such design may be used as the official flag and may as such be displayed on all proper occasions where the city is officially represented, such display shall be subservient to the dis- play of the Iowa state banner and/or the national flag." PASSED, ADOPTED AND APPROVED this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 11th day of June, 1982~ Mary A. Davis City Clerk Council Member Hummel moved final adoption of the Ordinance. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Doich, Hammel, Klauer, Kluosner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens, Communication of City Manager re- questing authorization for the Mayor to execute a contract with Project Concern covering the n~ni-bus opera- tions for the fiscal year beginning July 1, 1982, presented and read, Council Member Klauer moved that the communication be received and filed and approved authorization for the Mayor to execute. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hummel, Klauer, Kluesner. Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Communication of City Manager re- questing Mayor be authorized to ex- ecute a Purchase of Services Agree- ment with Phone-A-Friend for the fiscal year beginning July 1, 1982 covering the Information and Referral Service, presented and read. Council Member Kronfeldt moved that tlie communication be received and filed and approved authorization for the Mayor to execute. Seconded by Council Member Deich. Carried by the following vote: Yeas--Council Members Deich, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- bet Klauer. Absent--Council Member Beur- skons, Communication of City Manager re- questing Mayor be authorized to ex- ecute Purchase of Services Agreement with Chamber of Commerce for Con- vention and Visitor's Council effective July 1, 1982, presented and read. Council Member Klauer moved that the communication be received and filed and approved authorization for the Mayor to execute. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Communication of City Manager recommending acceptance of the White St. at 21st St. Radius Improve- ment, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Membe~ Bear- skens. Final Estimate RESOLUTION NO. 141-82 WHEREAS, the contract for the White Street at 21st Street - Island In- sulation has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- 199 cluding the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore. BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $13, 203.54. That NONE of the cost thereof shall be assessable upon private property and $13,203.54 shall be paid from the Road Use Tax and State Fund of the City of Dubuque. Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesnar, Kronfeldt. Nays--None. Absent--Council Member Bear- skens. (A Resolution Accepting Improvement) RESOLUTION NO. 142-82 WHEREAS, the contract for the White Street at 21st Street - Island In- stallation has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accor- ding 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, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from the Road Use Tax and State Funds issued upon the above described im- provement in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session, June 7, 1982 Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council. Members Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Communication of City Manager recommending acceptance of the Cen- tral Ave. at 22nd Street Traffic Signal Improvements, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Counc]l Member Beur- skens. Final Estimate RESOLUTION NO. 143-82 WHEREAS, the contract for the Central Avenue at 22nd Street- Traffic Signal Modification has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessmept and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $45,350.46. That none of the cost thereof shall be assessable upon private property and $45,350.46 shall be paid from the Road Use Tax and State Fund of tho City of Dubuque. Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Regular Session, June 7, 1982 2OO (A Resolution Accepting Improvement) RESOLUTION NO. 144-82 WHEREAS, the contract for the Central Avenue at 22nd Street- Traffic Signal Modification has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and. that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tot from the funds to be realized from the Road Use Tax & State Funds issued upon the above described im- provement in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kinesner moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kinuer, Kluesnar, Kronfeldt. Nays--None. Absent--Council Member Beur- skens, Communication of City Manager submitting Resolution providing for the acceptance of Warranty Deed for a parcel of property acquired for the In- terim Street Improvements Project (located at South East corner of 16th & Sycamore Streets), presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, l~Iammel, Klauer, I~inesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. RESOLUTION NO. 145~82 WHEREAS, the City of Dubuque, Iowa, has acquired the real estate hereinafter described from Dubuque Packing Company; and WHEREAS, said persons have delivered Warranty Deed conveying real estate to the City of Dubuque, Iowa, described as: Lot 2 of Block II of the Dubuque Packing Company Addi- tion, in the City of Dubuque, Iowa; and WHEREAS, said delivery of deed, dated May 19, 1982, by said persons to the City of Dubuque, Iowa, should be accepted. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the delivery ora War ranty Deed by Dubuque Packing Com- pany, dated May 19, 1982, conveying to the City of Dubuque, Iowa, the hereinabove described real estate, be and the same is hereby accepted. Section 2. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be record- ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Clerk be and is hereby directed to forward a ce~ tiffed copy of the Resolution to the Dubuque City Assessor and the Dubu- que County Auditor. Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer. Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. An ORDINANCE Designating the Urban Renewal Area as a Tax Incre- ment District, said Ordinance having been presented and read at the Council Meeting of May 17, 1982, presented and read. Council Member Klauer moved that the reading just had be considered the 201 Regular Session, June 7, 1982 second reading of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hummel. Absent--Council Member Beur- skens. Communication of George Klinge submitting his resignation from the Electrical Examining Bd., presented and read. Council Member Klauer moved that the communication be received and filed and resingation accepted with regret. Seconded by Council Member Hummel. Carried by the following Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. RESOLUTION NO. 146-82 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Airport Inn 574 E. 16th St. Astroid 1007 Main St. Avenue Tap 1080 University Ave. 2617 University Ave. Bishop Buffet Kennedy Mall C. K. of Dubuque, Inc. 3187 University Ave. Casey's General Store 2699 Rockdale Rd. Casey's General Store 4003 Peru Rd. The Chateau Supper Club 3750 Central Ave. Corbett's Cash Grocery 408 West Locust St. Cremer Grocery Company, Inc. 731 Rhomberg Ave. The Dip Tap 1689 Elm St. Dan Kruse Pontiac Inc. 600 Century Dr. Dodge House Mote] 401 Dodge St. Dodge Street IOCO #33 1481 Dodge St. Dog House Lounge 1646 Asbury Rd, Family Beer Store 25 Ruby St. Family Mart 3201 Central Ave. Fenelon's Market 2528 Central Ave. Fischer Bowling Lanes 240 Main St. Fourth Street Cafe 120 W. 4th St, Harriet J. Ginter - Oky Doky #15 1545 S. Grandview Ave. Hardee's Restaurant 703 Dodge St. Hartig Drug Company 700 Town Clock Plaza Hartig Drug Company 2225 Central Ave. Hartig Drug Company 2255 J.F.Kennedy Rd. Hartlg Drug Company 97 Locust St. Hy-Vee Save-U-More 3333 Asbury Rd. Jerry's Tap 431 Rhomberg Ave. Julien Motor Inn 200 Main St. Junnie's Lounge, Ltd. 2095 Kerper Blvd. The Kegger 3412 Pennsylvania Ave. Kopple's Market, Inc. 1098 University Ave, Leonard Oil Company 1387 Dodge St, Maid Rite Restaurant 115 West llth St. Marc's Big Boy - Dubuque 2600 Dodge St. Meyer's D.X. 3355 Pennsylvania Ave. Meyer's Tavern 530 E. 22nd St. Montgomery Ward & Co. 555 J.F. Kennedy Rd, Nabor's Drug 1920 Elm St. Neighbors Tap 1899 Rockdale Rd. The Office Grill 290 Main St. Plaza "20" D.X. 2600 Dodge St. Puppet Inn 1097 Jackson St. R & S Enterprises, Inc. 485 Central Ave. 827 Dodge St. D.B.Q. Inc~ Shot Tower Inn 4th & Locust St. Regular Ses~on, June7,1982 202 Sid's Beverage Store 260 Southern Ave. Ted's Tap 385 E. 13th St. Toni's Cafe 2372 Central Ave. The Tunnel Tap 2186 Central Ave. Union Cigar Store 336 Main St. Wareco System of Iowa 700 Rhomberg. Ave. Nash Finch Co. Warehouse Market J.F.K. Rd. & Hwy. 20 West Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. CarF~ed by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Bear- skens. RESOLUTION NO. 147-82 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 RE- SOLVED, By the City Council of the City of Dubuquo, Iowa, that the Manager bo authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Catherine M. Meyer 530 E. 22nd CLASS "C" BEER PERMIT Cremer Grocery Co., Inc. 731 Rhomberg Ave. (Also Sunday Sales) Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davi~ City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner. Kronfeldt. Nays--None. Absent--Council Member Beur- skens. RESOLUTION NO. 148-82 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 "C" ICOMMERCIAL) BEER AND LIQUOR LICENSE Joter Incorporated 31-35 Locust (Also Sunday Sales) Riverside Bowl, Inc. 1860 Hawthorne (Also Sunday Sales) Dolores S. Roeth 600 Central Milton E. Schwartz 574 E. 16th St. (Also Sunday Sales) Marionette Tindell 1097 Jackson Lloyd A. Dalsing 3750 Central (Also Sunday Sales) Passed, adopted and approved this 7th day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Khiesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Petition of Dubuque Invitational Softball Tournament requesting to transfer Class "B" Beer Permit to 2O3 Regular Session June 7, 1982 McAleece Field on June 12th and 13th, presented and read. Council Member Deich moved that the transfer request be approved. Seconded by Council Member Klauer. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members I)eich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Printed Council Proceedings for month of February, 1982, for ap- proval, presented and read. Council Member Klauer moved that the proceedings be approved as printed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. MINUTES SUBMITTED: Airport Comm. of 5-11; Electrical Examining Bd. of 5-11; Housing Code Advisory & Appeals Bd. of 5-24; Human Rights Subcommittees of 2-10, 2-23, & 3-31; Human Rights Comm. of 3-17 Playground and Recreation Comm. of 5-10; Transit Trustee Bd. of 4-8 & 5-13 and Earnings Statement and Statistics for month of April, 1982; Zoning Bd. of Adjustment of 4-15 Library Bd. of 5-11; presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Deich. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Petition of Dubuque County Historical Society requesting an amendment to the City Building Code requiring a permit for sandblasting, presented and read. Council Member Klauer moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Deich. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer. Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. NOTICES OF CLAIMS: Debra Jean Kelly vs. City of Dubuque as Third Party Defendant in unknown amount for personal injuries; Robert F. Neuwoehner Isma]l claims court) in amount of $91.05 for auto damages; Thomas W. Giese in amount of $111.50 for personal property damages; Brenda Lindecker in ~stimated amount of $150.50 for per- sonal injuries; John Liphardt in amount of $1,429.08 for personal pro- )erty damages and personal injuries; Marvin II. Schultz in amount of $10 for property damages; presented and read. Council Member Klauer moved that ;he claims and suits be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Khiesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Communications of Corporation Counsel recommending denials of pro- petty damage claim of Timothy G. Abresch; property damage claim of David J. Arnold; auto damages claim of Ste]la Berlage (amicably disposed of at no cost to City); sewer back-up damages claim of Terry Conlan (amicably disposed of at no cost to City); sewer back-up damages claim of Charles W. Den]lnger; auto damages claim of Hilda W. Kielec (amicably disposed of at no cost to City); sewer back-up damages of Daniel J. Klein; )roperty damges claim of C.B. Odell (amicably disposed of at no cost to City); auto damages claim of M.P. Schonoff, presented and read. Council Member Klauer moved that the denials be approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Bent- Communications of Corporation Counsel recommending settlement of auto damages claim of Robert J. Freeze in amount of $39.58: auto damages claim of Mrs. Guy O. Harem in the amount of $50.00: auto damages Regular Session claim of Robert Knepper et ux in amount of $86.49, presented and read. Cour, cq i~ember Klauer moved that the corz ~nication be received and filed and settlements approved and Finance Director directed to issue pro- per checks. Seconded by Council Member Deich. Carried by the foliow- lng vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Communication of City Solicitor recommending settlement of auto damage claim of Rose Marie Walsh, LaVerne D. Ibeling and Thomas B. Read in the amount of $774.95; advis- ing dismissal of lawsuit filed by Robert M. Reiter vs. City of Dubuque, presented and read. Council Member Klauer moved that the communication be received and filed and settlements be approved and Finance Director directed to issue pro- per checks. Communication of Civil Aeronautics Bd. submitting Final Order of Fitness Determination of American Central Airlines, Inc. and Notice of Intent of Ozark Air Lines, Inc. to suspend all service at Fort Dodge and Mason City, presented and read. Council Member Klauer moved tha the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Proof of publication of List of Claims for month of April, 1982 and Notice of Intent to Release Communi- ty Development Funds for Ice Harbor Museum/Riverfront Tourist Access and Parking Lot, presented and read. Council Member Klauer moved that the proofs be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hanunel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Communication of City Manager June7,1982 204 submitting reports of Finance Direc- tor and City Treasurer for month of April, 1982, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. O'Connor, Brooks & Co. submitting Bethany Home Auditor's Report for periods of December 31, 1981 and 1980 presented and read. Council Member Klauer moved that the report be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Bear- skens. Communication of Iowa DOT advis- ing of location approval of Project F-561-2, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. Petitions of A. Weitz protesting Group W extra charge for their remote control Mrs. Ralph B. Trltech objec- ting to Group W Policy Regulations, presented and read. Council Member Klauer moved that the petitions be referred to the Cable Commission. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Klauer. Carried by the following vote: 205 Regular Session, June 7, 1982 Yeas--Mayor Brady, Council Menlbers Deich, Hammel, Klauer Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur skens. Mary A. Davis City Clerk Approved 1982 Adopted __1982 Mayor Council Members ATTEST: City Clerk Special Session June 21, 1982 206 CITY COUNCIL OFFICIAL Special Session, June 21, 1982. Council Met at 7:30 p.m., Auditorium of Public Library. Present--Mayor Brady, Council Members Beurskens, Deicli, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a Public Hearing for the consideration of authorizing the issuance of $360,000 Urban Renewal Tax Increment Bonds, Series 1982, and providing for the securing of such bonds and acting upon such other business which may properly come before the Council. Invocation was given by Rev. Robert Caldwell, Pastor of ,Summit Congregational Church. Mayor Brady commended the Op- timists' Club for donating a large sliding board to FDR Park. Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting the Final Report of Iowa Appraisal and Research Co. for the Appraisal of the Security Building Property, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kro~feldt. Nays--None. Abstain--Council Member Hammel. Final Report on the Appraisal of the Security Building by James T. Hayes, Iowa Appraisal and Research Co., presented and read. Council Member Klauer moved that the report be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel, Judie Fjellman of the League of Women Voters, stressed their endorse- ment of this downtown renewal pro- ject taking place with the Stampfer Building. ORDINANCE NO. 30-82 AN ORDINANCE DESIGNATING THE URBAN RENEWAL AREA AS A TAX INCREMENT DISTRICT, said Ordinance having been at the Council Meetings of May 17, 1982 and June 7, 1982, presented for final adop- tion. ORDINANCE NO. 30-82 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE DOWNTOWN DUBUQUE URBAN RENEWAL PROJECT AREA IN THE CITY O F DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMU- NITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEB- TEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVEL- OPMENT PROJECT. WHEREAS, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution passed and approved May 18, 1967, adopted an Urban Renewal Plan for an area known as the Downtown Dubuque Urban Renewal Project Iowa R-15, which project area includes the lots and parcels within the boundaries, as follows: Beginning at the intersection of the north right-of-way line of Ninth Street with the east right-of-way line of Central Avenue; thence south along the east right-of-way line of Central Avenue to its intersection with the south right-of-way ]Jne of Fourth Street; thence west along the south right-of-way line of Fourth 207 Special Session, June 21, 1982 Street to its intersection with the west right-of-way line of Locust Street; thence north along the west right-of-way line of Locust Street to its intersection with the north right- of-way fine of Ninth Street: thence east along,the north right-of-way line of Ninth Street to its intersection with the east right-of-way line of Central Avenue which is the point of beginning. WHEREAS, expenditures and indebtedness of bonds has been incurred by the City of Dubuqne~ Iowa and additional indebtedness is antici- pated to be incurred in the future to finance said Urban Renewal Project; and 'WHEREAS, the City Council of the City of Dubuque, Iowa, desires to pro- vide for the division of revenue from taxation in the Urban Renewal Project Area, as above described in accordance with the provisions of Section 403.19 of the Code of Iowa, 1981. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the taxes levied on the taxable property in the Urban Renewal Project Area known as the Downtown Dubuque Urban Renewal Project, Iowa R-15, legally described in the preamble thereof, by and for the benefit of the State of Iowa, City of Dubuque, Iowa, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordi- nance shall be divided as hereinafter in the Ordinance provided. Section 2: That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts tax- ing property in said Urban Renewal Area upon the total sum of the assessed value of the taxable property in said Urban Renewal Project as shown on the assessment roll last eq~.~afized prior to the date of initial adoption of the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15 shall be allocated to and wh~.. collected be paid into the Fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The date of assessment for the assessment roil last equalized prior to the date of adoption of the Urban Renewal Plan was Jan- uary 1, 1966, and the 100 percent actual value of the taxable property within said Urban Renewal Project on January 1, 1966, is found to have been in the amount of $6,036,892. Section3: That portion of the taxes each year in excess of the base period taxes determined as provided in Sec- tion 2 of this Ordinance shall be allo- cated to and when collected be paid into a special fund to be hereafter estabfished by resolution of the City of Dubuque, Iowa, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under the authority of Section 403.9 of the 1981 Code of Iowa, and Section 403.12 of the 1981 Code of Iowa, incurred by the City of Dubuque, Iowa, to finance or refinance in whole or in part the Downtown Dubuque Urban Renewal Project, Iowa R-15, except that taxes for the payment of bonds and interest of each taxing district levying taxes on said project area shall be collected against all taxable property within the project area without any limitation as hereinabove provided. Section 4: All taxes levied and col- lected upon the taxable property in said Downtown Dubuque Urban Renewal Project, Iowa R-15 shall be paid into the funds of the taxing dis- tricts as taxes by or for said taxing dis- triers in the same manner as ali other property taxes unless or until the total assessed valuation of the taxable prop- erty in said Urban Renewal Project shall exceed the total assessed value of the taxable property in said Urban Renewal Project on the date of adop- tion of the Urban Renewal Plan, as shown by the last equalized assessment rolls, dated January 1, 1966. Section 5: At such time as the bonds and interest thereon of the City of Dubuque hereinabove referred to have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Project known as the Downtown Dubuque Urban Renewal Project, Iowa R-15 shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6: All ordinances or parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. The provisions of this Ordi- nando ar~ intended and shall be cOn- strued so as to fully implement the provisions of Section 403.19 of the 1981 Code of Iowa with respect to the divi- sion of taxes from property within the Urban Renewal Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or Special Session, June 21, 1982 208 application of this Ordinance which shall at ail times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with referende to said Urban Renewal Project and the territory therein. Section 7: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. James E. Brady Mayor Read First Time: May 17, 1982 Read Second Time: June 7, 1982 Read Third Time: June 21, 1982 PASSED AND APPROVED: June 21, 1982. ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of June, 1982. Mary A. Davis City Clerk It 6/24 Council Member Kronfeldt moved that this reading be considered the third reading and final adoption of the Ordinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Communication of the City Manager submitting a Resolution providing for an extension of the City's Option Agreement to purchase the Security Building, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. RESOLUTION NO. 149-82 A Resolution Authorizing an Exten- sion of the Option Agreement for the Purchase of the Security Building in the Dubuque Downtown Urban Renewal Project. WHEREAS, Resolution No. 108-82 directed the City Manager to prepare an Option Agreement, providing for the purpose by the City of Dubuque. Iowa of Real Estate generally known as the Security Building; and WHEREAS, Resolution No. 115-82 authorized acceptance of the aforesaid Option Agreement, and directed the Mayor and City Clerk to endorse the said Option Agreement, as offered and executed by RIK, Inc., a Wisconsin corporation, and dated May 13, 1982; and WHEREAS, the said Option Agree- ment, as entered into by the parties, provides for the purchaser, City of Dubuque, to exercise said Option on or before the 30th day of June, 1982; and WHEREAS, the parties now desire to amend the said Option Agreement, according to the Amendment to Op- tion Agreement, hereto attached and marked Exhibit "A". NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tahoe of the City of Dubuque, Iowa upon the Amendment to the Option Agreement, hereto attached and mark- ed Exhibit "A", providing for an ex- tension of the purchaser's right to ex- ercise said Option Agreement on or before the 15th day of July, 1982. Section 2. That in all other respects, the other provisions of the Option Agreement, dated May 13, 1982 shall remain in effect. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adopUlon of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Proof of publication, certified to by the Publisher of Notice for Proposals on Security Building, presented and read. Council Member Deich moved that the proof of publication be received 209 Special Session, June 21, 1982 and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Khiesner, Kronfeldt. Nays--None. Abstain--Council Member HammeL Communication of the City Manager transmitting report of the City Clerk and Director of Community Develop- merit on the receipt of proposals for the Security Building Project, and submitting two resolutions establishing the proceedings for the City's purchase and disposition of the Security Building Property, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Report of the City Clerk and the Director of Community Development on the receipt of proposals for the pur- chase and private rehabilitation of the Security Building, presented and read. Council Member Deich moved that the report(s) be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. RESOLUTION NO. 150-82 Resolution Determining Compliance of Security Building Disposition Pro- posals with Terms of Offering WHEREAS, this Council, by Resolution No. 116-82 dated May 17, 1982, nominated the City Clerk and Director of the Department of Com- munity Development, as agents of the City of Dubuque, Iowa to receive and to open, on June 21. 1982 at 9:30 a.m.. proposals in competition to the pro- posal of Security Building Partnership referred to in said Resolution for the sale of the Security Building Disposi- tion Parcel of the Downtown Dubuque Urban Renewal Project, Iowa R-15 for redevelopmenl; as a rehabilitation pro- ject only in accordance with the terms and conditions set forth in said Resolu- tion No. 116-82; and WHEREAS, the City Clerk and the Director of the Department of Com~ munity Development report to this Council that no qualified, competing proposals were submitted; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the report of the City Clerk and the Director of the Depart- ment of Community Development that no qualified competing proposal was submitted by 9:30 a.m. on June 21, 1982 for redevelopment of the above Disposition Parcel of the Downtown Dubuque Urban Renewal Project, Iowa R-15 be received and filed and adopted; and it is hereby determined that the proposal of the Security Building Partnership for redevelop- ment of said Disposition Parcel is the only proposal which satisfied the terms and conditions of the offering set forth in Resolution No. 116-82, adopted by this Council on May 17, 1982. Passed, adopted and approved this 21st day of June, 1982. 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, Deinh, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. RESOLUTION NO. 151-82 Resolution Accepting the Proposal for Sale and Redevelopment of the Securi- ty Building Disposition Parcel, Ap- proving Contract for Same, and Authorizing Exercise of Option. WHEREAS. this Council by Resolu- tion No. 116-82 dated May 17, 1982: 1. Adopted terms and conditions for offering Security Building Site Disposition Parcel. Downtown Dubu- que Urban Renewal Project. Iowa R-15 for sale and redevelopment: 2. Determined that the Proposal submitted by Security Building Part- Special Session, June 21, 1982 210 nership satisfies the requirements of said offering; 3. Determined that Security Building Partnership possesses the qualificaU~ons, financial resources and legal ability necessary to acquire the redevelop the Disposition Parcel in the manner proposed in the offering and in accordance with the Urban Renewal Plan, as amended; 4. Determined tha the disposition price for Disposition Parcel offered by Security Building Partnership is in the amount of the fair market value thereof established by the Council for uses in accordance with the Urban Renewal Plan; 5. Declared its intent to accept the Security Building Partnership Pro- posal and to enter into contract by and between the City of Dubuque, Iowa and Security Building Partnership in the event no other qualified proposals were timely submitted for the develop- ment of said Disposition Parcel; and 6. Invited competing proposals which met the terms and conditions of this offering to be submitted to the Director of Community Development or his designated staff person, on or before 9:30 a.m., June 21, 1982; and WHEREAS, on May 19, 1982, the text of said Resolution was published as the Official Notice of this offering and of the intent of the City of Dubu- que, Iowa, in the event no other qualified proposals were timely sub- mitted, to enter into the Security Building Partnership contract; and WHEREAS, by separate resolution of this date, this Council has received and approved as its own the Director of the Department of Community Development's determination that no other qualified proposal was received; and WHEREAS, it is the determination of this Council that acceptance of the proposal and sale to and redevelop- ment of the Disposition Parcel by Security Buildin~ Partnership, accor- ding to the terms and conditions set out in the attached is in the public in- terest of the citizens oI the City, and is consistent with the City's Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, as amended; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Con- tract by and between the City of Dubu- que, lowa and Security Building Part- nership for the sale and redevelopment of the Disposition Parcel of the Downtown Dubuque Urban Renewal Project, Iowa R-15, as amended, is in the public interest of the citizens of the City of Dubuque and in furtherance of the City's Urban Renewal Project, and is hereby approved; and that the Mayor is authorized and directed to ex- ecute the same on behalf of the Cit~ and the City Clerk is authorized and directed to attest to his signature and to affix the seal of the City to the same. Section 2. That the City Manager is authorized to act and to coordinate the exercise of the Option Agreement, as amended, to acquire the Security Building from R.I.K., Inc., with the performance of the contract for disposition thereof as herein approved. Passed, adopted and approved this 21st day of June, 1982. 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, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Hammel. Proof of publication, certified to by the Publisher, of Notice of Public Hearing on Intent to sell Tax Incre- merit Bonds. presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Klauer 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, Ddich, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Hammel. RESOLUTION NO. 152-82 Resolution Instituting Proceedings to take Additional Action for the Is- suance of $360,000 Urban Renewal Tax Increment Revenue Bonds 211 Special Session, June 21, 1982 WHEREAS, pursuant to notice published as directed by this Council, this Council has held a public meeting and hearing upon the proposition of is- suing not to exceed $360,000 Urban Renewal Tax Increment Revenue Bonds for the purpose of providing funds to pay costs of carrying out the Downtown Dubuque Urban Renewal Project, Iowa R-15, in accordance with tbe plan thereof, inlcuding without limitation the acquisition of real estate, consisting primarily of the Security building; and has considered the extent of statements received from residents and other matters hearing upon said proposal; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Said proposal having been considered at this meeting pursuant to notice and the Council being advised with respect thereto, the public meeting and consideration thereof is hereby concluded and the time for the offering of further statements favoring or opposing the proposal is closed. Section 2. Tha~ this Council does hereby institute proceedings and takes additional action for the sale and is- suance in the manner required by law of $360,000 of Urban Renewal Tax In- crement Revenue Bonds for the forego- ing purpose. Section 3. The Treasurer is authorlz- ed and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such sale informa- tion as may appear appropriate, to distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on the basis set forth in the letters of commitment on file and acceptable to the Council. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- Beurskens, Delch, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hummel. Communications of Shaw, McDer- mott & Co. submitting bid equivalent to 10.2868% interest and Carleton D. Beh Co. at a net interest rate of 10.63429% for Urban Renewal Tax In- crement Revenue Bonds, presented and read. Council Member Klauer moved that the communications be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kinesner, Kronfeldt. Nays--None. Absent_Council Member Hummel. RESOLUTION NO. 153-82 Resolution Authorizing the Issuance of $360,000 Urban Renewal Tax Incre- ment Revenue Bonds, Series ?~§2, and Providing for the Securing of such Bonds for the Purpose of Carrying out an Urban Renewal Project in the City of Dubuque, Iowa, Designated as the Downtown Dubuque Urban Renewal Project, Iowa R-I5 WHEREAS, the City of Dubuque, Iowa, (the "City" or the "Issuer") did heretofore adopt an urban renewal plan by resolution of this City Council on May 18, 1967 (the "Urban Renewal Plan"), in which plan as amended there is to be carried out an urban renewal project designated as the Downtown Dubuque Urban Renewal Project, Iowa R-15, as amended, (the Project , and WHEREAS, it is presently estimated that the costs of carrying out the purposes and provisions of the Project, including the purpose set forth in Section 3 hereof, exceed $360,000, and provisions must now be made by the City to provide for the ment of such costs by the issuance of bonds; and WHEREAS, the City did, on June 21, 1982, adopt Ordinance No. 30:82, Ithe "Ordinance"), under which the taxes levied on the taxable property in the Project zhall be divided, and a special fund created under the authori- ty of Section 403A9 (2) of the Code of Iowa, as amended, (which special fund is hereinafter referred to as the "Urban Renewal Tax Revenue Fund" Special Sessior June 21, 1982 212 of the "Revenue Fund") which fund was created in order to pay the pr!n- cipal of and interest on loans, momes advanced to or indebtedness whether funded, refunded, assumed, or other- wise, including bonds issued under the authority of Section 403.911) of the Code of Iowa, as amended, incurred by the City to finance or refinance in whole or in part the Project, and pur- suant to which Ordinance such Revenue Fund may be irrevocably pledged by the City for the payment of principal and interest on such in- debtedness; and WHEREAS, it is now necessary and advisable that provisions be made for the issuance of bonds to the amount of $360,000 pursuant to the provisions of Section 403.9(1) of the Code of Iowa payable solely from the income and proceeds of the Urban Renewal Tax Revenue Fund and revenues and other funds of the City derived from or held in connection with the undertaking and carrying out of the Urban Renewal Project; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA, AS FOLLOWS: Section 1. Definitions. The following terms ghall have the following mean- ings in this Resolution unless the text expressly or by necessary implication required otherwise: (a) "Issuer" and "City" shah mean the City of Dubuque, Iowa; (b) "Governing Body" shall mean the Council of the City, or its successor in function with respect to the opera- tion and control of the Urban Renewal Project; {c) "Clerk" shall mean the City Clerk or such other officer of the successor governing body as shah be charged with substantially the same duties and responsibilities; (d) "Treasurer" shah mean the City Treasurer or such other officer as shah succeed to the same duties and respon- sibilities with respect to the recording and payment of the Bonds issued hereunder; (e) "Urban Renewal Project" shah mean the Downtown Dubuque Urban Renewal Project, Iowa R-15 of the Issuer, as amended; (f) "Net Revenues" of the Project shah mean the special tax fund created by the Ordinance and authorized by Section 403.19(2) of the Code of Iowa, and to the extent appropriated by the Council to the payment of the Bonds such revenues and funds of the Issuer derived from or held in connection with the carrying out of the Urban Renewal Project; (g) "Fiscal Year" shah mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve month period adopted by the governing body or by law as the official accounting period of the Urban Renewal Project; (h) "Original Purchaser" shah mean the purchaser of the Bonds from Issuer at the time of their original is- (i) "Bonds" shah mean $360,000 Ur- ban Renewal Tax Increment Revenue Bonds, authorized to be issued by this Resolution; (j) "Parity Bonds" shall mean Urban Renewal Tax Increment Revenue Bonds payable solely from the net revenues of the Project on an equal basis with the Bonds herein authoriz- ed to be issued; (k) "Corporate Seal" shah mean the official seal of Issuer adopted by the governing body; and (1) "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State. Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant to Section 403.9 of the Code of lowa, and in compliance with all applicable provisions of the Con- stitution and laws of the State of Iow~ Section 3. Authorization and Pur- pose. There are hereby authorized to be issuec~ negotiable, seria~ coupon Ur- ban Renewal Tax Increment Revenue Bonds of Dubuque, in the County of Dubuque, State of Iowa, Series 1982, each to be designated as "Urban Bonds", in the aggregate amount of $360,000, for the purpose of carrying out the Downtown Dubuque Urban Renewal projec~ Iowa R-15 in actor~ dance with the plan thereof, including without limitation the acquisition of real estate, consisting primarily of the Security Building. Section 4. Source of Payment. As provided and required by Chapter 403 of the Code of Iowa, and Section 403.9, the Bonds and interest thereon shall be payable solely from the net revenues of the Urban Renewal project including 213 Special Session June 21, 1982 the Urban Renewal Tax Revenue Fund aforementione& to the extent authoriz- ed by Section 403.9 of the Code of Iowa, the interest on the Bonds, for a period not to exceed three ($) years from the date the Bonds are issued, may also be paid from the proceeds of the sale of bonds of this issue. The City hereby pledges to the pay- ment of the Bonds the Revenue Fund aforemenHoned and she portion of taxes referred to in Subsection 2 of 403.19 of the Code of Iowa, to be paid into such fund. The Bonds shall not constitute an in- debtedness within the meaning of any statutory debt limitation or restriction and shall not be subject to the provi- sions of any other law relating to the authorizatla,, issuance or sale of bonds. The Bonds issued pursuant to this Resolution are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all The Bonds shall recite in substance that they have been issued by the City in connection with an urban renewal project as defined in Chapter 403 of tke Code of lowo, and in any suit, action or proceeding involving the validity or enforceability of any bond issued hereunder or the security therefor, such Bonds shall be conclusively deemed to have been issued for such purpose and such project shall be con- clasively deemed to have been plann- ed, located and carried out in acco~ dance with the provisions of Chapter 403 of the Code of low~ Section 5. Term of Bonds. The Bonds shall be designated "Series 1982", shall be dated and numbered in provided by resolution of the Council at the time of issuance, shall be in the denomination of $5,000 each; shall bear interest from their date until paymeng' payable on December 1, 1982 and se- mlannually thereafter on the first day of June and December; shall be payable as to both principal and interest at the office of the Treasurer, in any coin or currency which, on the respective dates of payment, is legal tender for tho payment of public and private debts, and shall mature serially in the amounts and in each year and bear in- terest at the rates as follows: Bond Interest Principal Maturity Numbers Rates Amount (June lst) 1-9 9.00 $45,000 1985 10-19 9.30 $§0.000 1986 20-30 9.60 SaS,000 1987 31.43 9.90 $65.000 1988 44-57 10.90 $70,000 1989 $8-79 10.50 $75,000 1990 Section 6. Redemption Prior to Maturity. The bonds shall not be callable for redemption prior to tunturi- ty. Section 7. Execution of Bonds. The Bonds shall be executed by the Mayor and Clerh and sealed with the co~ ~orate seal. Interest on the Bonds to maturity shall be evidenced by coupons thereto attached, such coupons to be executed by the fac- simile signature of the Clerk who shall be the execution of the Bonds, adopt said facsimile signature appearing upon the coupons as an official signature. In case any officer of the Issuer who shall have signed or sealed any Bond shall cease to be such officer before the Bond so signed or sealed shall have actually been delivered or issued, such Bond may be delivered and issued with the same effect as though the person who had signed and sealed such Bond had not ceased to be an officer of the Issuer. After execu- tion, the Bonds shall be delivered to the City Treasurer for entry in the Bond Register and for delivery thereof to the purchaser thereof, Shaw- McDermott & Co., at a price of $353,880.00 and accrued interest. Section 8. Registration. Upon presentation at the office of the Treasurer of any of said Bonds, same may be registered as to principal in the name of the owner, on the books in his office, such registration to be noted on the reverse side of the Bonds by said official and thereafter the principal of such registered Bonds shall be payable only to the registered holder, his legal representatives or assigns. Such registered Bonds shall be transferrable to another registered holder or bach to bearer, only upon presentation to said official with a legal assignment duly acknowledged or proved. Registration of any such Bonds shall not affect the negotiability of the coupons thereto at- tached, but such coupons shall be transferable by delivery merely. Section 9. Lost, Destroyed or Mutilated Bonds or Coupons. In case any Bond or coupon shall become mutilated, lost, stolen, or destroyed, appropriate officers of the Issuer, in their discretion, may issue a new Bond (with coupons corresponding to the coupons, if any, appertaining to the Special Session, June 21, 1982 214 mutilated, lost, stolen, or destroyed Bond) or coupon, of like tenor, amount, maturity and date, and bearing the same or a different number, in ex- change and substitution for, and upon the cancellation of the mutilated Bond or coupon or in lieu of and substitution for such losg stolen or destroyed Bond or coupon; or if any such Bond or coupon shall have matured or shag be about et mature, instead of issuing a substituted bond, said officers may pay such Bond or coupon without su~ render thereof In any ease the appli- cant shall furnish evidence satisfac- tory to the officers of the destructio~ theft or loss of the Bond or coupon and indemnity satisfactory to said officers; and said officers shall charge for the issue of such new Bond or coupon, an amount sufficient to reimburse the Issuer for the expense incurred by it in the issue thereof. Section 10. Form of Bond and Coupon. That said Bonds and the coupons annexed thereto shall be in form substantially as follows: (Form of Bond) United States of America State of Iowa County of Dubuque City of Dubuque Urban Renewal Tax Increment Revenue Bond Series 1982 No.__ $5,000 KNOW ALL MEN BY THESE PRESENTS: That the City of Dubu- que, in the County of Dubuque, State of Iowa, for value received, hereby pro- raises to pay to bearer, or if registered, to the registered holder hereof, on the 1st day of June, 19 ,out of the net revenues hereinafter described, the principal amount of FIVE THOU- SAND DOLLARS, together with in- terest on said amount from the date hereof until paid at a rate of % per annum, payable on December 1, 1982 and semiannually thereafter on the first days of June and December on presentation and surrender of the in- terest coupons hereto attached as they severally become due. Both principal of and interest on this Bond are payable at the office of the City Treasurer, in any coin or currency which, on the respective dates of pay- ment of said principal and interest, is legal tender for the payment of public and private debts. This Bond and the series of which it is a part are issued by the City pur- suant to and in strict compliance with the provisions of Section 403.9 of Chapter 403 of the Code of Iowa, and ali of the laws amendatory thereof and supplemental thereto, and in conformi- ty with the resolution of the City Council of such City duly passed, which resolution authorized the periodic issuance of the bonds oI such series of which this Bond is a part, and to winch resolution reference is hereby made for a more complete statement as to the source of payment of such bonds, the rights of the holders of such bonds and the circumstances under which the provisions of the bonds and said resolution may be modified. This Bond is one of a series of bonds of like tenor and date (except maturity and interest rate), numbered from I to 71, inclusive, issued for the purpose of defraying the costs of carrying out an urban renewal project designated as the Downtown Dubuque Urban Renewal Project, Iowa R-15 of the City in accordance with the plan thereof, in- cluding without lin~tation the acquisi- tion of real estate, consisting primarily of the Security Building; this Bond and the series of which it forms a part are not an indebtedness witinn the meaning of any statutory provisions, or a general obligation of the City. This Bond and the series of which it forms a part, other outstanding bonds or obllgatinns ranking on a parity therewith, and any additional bonds which may be hereafter issued and outstanding from time to time on a parity with said Bonds, as provided in the bond Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and secured by a pledge of the net revenues of the Downtown Dubuque Urban Renewal Project, Iowa R-15 (the "Project"), as defined and provld- ed in said Resolution including the fund and portion of taxes to be paid in- to such fund as referred to and authorized in Subsection 2 of Section 403.19 of the Code of Iowa, as amend- ed ("incremental taxes"). There bas heretofore been established and the City hereby covenants and agrees that it will maintain in force an ordinance providing for the division of incremen- tal taxes within the area oI the Project for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Bonds, and other bonds ranking on a parity therewith, as the same become due. This Bond is not payable in any man- her by general taxation and under no circumstances shall the City be in any manner liable by reason of the failure 215 Special Session, June 21, 1982 of said net earnings to be sufficient for the payment hereof. This Bond is fully negotiable but may be registered as to princlpal in the name of the hniders on the books of the Treasurer, such registration to be en- dorsed by notation on the back hereof by the said Officer, after which no transfer shall be valid unless made on said books and similarly noted hereon, but it may be discharged from said registration by being transferred to bearer, after which it shall be transferable by delivery but it may again be registered as before. The registration of this Bond as to prin- cipal shall not restrain the negotiabili- ty of the coupons by delivery merely. IN TESTIMONY WHEREOF, said City by its City Council has caused this Bond to be signed by its Mayor and attested by its City Clerk with the corporate seal affixed and the coupons hereto attached to be executed with the facsimile signature of said Clerk, which official, by the execution of this Bond does adopt said facsimile signature appearing on said coupons, all this 1st day of July, 1982. Mayor ATTEST: City Clerk And on the back of each Bond there shall be endorsed a certificate of the Treasurer in the following form: (FORM OF CITY TREASURER'S CERTIFICATE) This Bond has been duly and proper- ly registered in my office as of the 1st day of July, 1982. Treasurer of the City of Dubuqe, Iowa (FORM OF COUPON) DUBUQUE, IOWA No.__ $ The Treasurer of the City of Dubu- que, in the County of Dubuque, State of Iowa, at his office in Dubuque, Iowa, will pay to bearer $ on the 1st day of 19__, in any coin or currency which, on the date of payment is legal tender for the payment of public and private debts, being_ months' interest on its Urban Renewal Tax In- crement Revenue Bonds, Series 1982, dated July 1, 1982, No .... City Clerk of Dubuque, Iowa All coupons maturing after __ 19__, shall have added thereto the following: "unless said Bond shall have been sooner called for payment." There shall also be printed on the back of the Bonds the following form of registration: REGISTRATION OF OWNERSHIP Section 11. Legal Opinion. There shall be printed on the back of each Bond herein authorized to be issued, a copy of the legal opinion of Ahlors, Cooney, Dorweilar, Haynie & Smith, Attorneys, of Des Moines, Iowa, under the certificate of the City Clerk, certify- ing the same as being a true copy thereof, said certificate to bear the fac- simile signature of said Clerk. Section 12. Equality of Lien. The timely payment of principal of and in- terest on the Bonds and Parity Bonds shall be secured equally and ratably by the revenues of the project without priority by reason of number or time o! sale or delivery; and the revenues o! the Project are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 13. Application of Bond Pro- ceeds. After the execution of the Bonds, said Bonds shall be delivered to the Treasurer and shall be by him duly and properly registered in his of- flee, and he shall thereupon deliver the same to the purchaser as determined by the governing body. Proceeds of the Bonds other than aqcrued interest ex- cept as may be provided below and in Section 19 shall be credited to the Pro- jeer Fund and expended therefrom for the purposes of issuance. Subject to Special Session, June 21, 1982 216 the limitations contained in Code Sec- tion 403.9 (1) any amounts on hand in the Project Fund shall be available for the payment of the principal of or in- terest on the Bonds at any time that other funds of the Project shall be in- sufficient to the purpose, in which event such funds shall be repaid to the Project Fund at ti~e earliest opportuni- ty. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not in- consistent with limitations provided by law or this Resolution. $54,000.00 shall be deposited in the Sinking Fund to pay interest first falling due on the Bonds. Accrued interest, if any, shall be deposited in the Sinking Fund. Any excess proceeds remaining on hand after completion of the project, shall be paid into the Reserve Fund. Section 14. Tax Levy. After its adop- tion~ a copy of this Resolution shall be filed in the office of the County Auditor of Dubuque County to evidence the pledging of the Urban Renewal Tax Revenue Fund and the portion of taxes to be paid into such fund and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the Ordinance refe~ red to in the preamble hereof, Section 15. Application of Revenues. From and after the delivery of any Bonds, and as long as any of the Bonds or Parity Bonds shall be outstanding and unpaid either as to principal or as to interes t, or until all of the Bonds and Parity Bonds then outstanding shall have been discharged and satisfied in the manner provided in this Resolu- tion~ the revenues of the project shall be disbursed as follows: (a) Sinking Fund. There is hereby established and shall be maintained a special fund from which interest and principal on the bonds will be paid. The fund shall be known as the Downtown Dubuque Urban Renewal Project, Iowa R-15 Revenue Bond and Interest Sinking Fund (the "Sinking Fund"). The amount to be deposited in the Sinking Fund in any year shall be an amount equal to the interest and prin- cipal coming due on such Bonds du~ lng the fiscal yeah Money in the Sink- lng Fund shall be used solely for the purpose of paying principal of and in- terest on the Bonds and Parity Bonds~ other than the outstanding Bonds, as the same shall become due and payable. (b) Reserve Fund. There is hereby established and shall be maintained a debt service reserve fund in theamount of $50,000.00. Such fund shall be known as the Downtown Dubuque Urban Renewal Project, Iowa R-15 Revenue Debt Service Reserve Fund (the "Reserve Fund"). In each year com- mencing with the 1983/1984 fiscal year, a proportionate amount of said fund shall be deposited therein in such man- ner as to accumulate therein the sum of $50,000.00 by the d~te of June 1, 1989, )rovided, however, that when the amount on deposit in the Reserve Fund shall be not less than the minimum required above, no further deposits need be made into the Reserve Fund except to maintain said ~nd at such level. Money in the Reserve Fund shall be used solely for the purpose of paying principal at maturity of or interest on the Bonds and Parity Bonds. Whenever it shall become necessary to so use money in the ReserveFund, the payments re- qulred above shall be continued or resumed until it shall have been restored to the required minimum (c) Subordinate Obligations. Revenues of the Project not required for the Sinking Fund or the Reserve Fund may be used to pay principal of and interest on (including reasonable reserves therefor) any other obliga- tions which by their terms shall be payable from the revenues of the Pro- jeer, but subordinate to the Bonds and Parity Bonds, and which have been issued for the purposes of the Project or to retire the Bonds or Parity Bonds in advance of maturity, or for any lawful purpose. (d) Surplus Revenue. All revenues thereafter remaining may be deposited m any of the funds created by this Resolution, may be used to reimburse the Issuer for other loans, moneys ach vanced to or indebtedness incurred to inance or refinance in whole or in part the Project, or may be used to pay or redeem the Bonds or parity bonds any of them, or for any lawful purpose. Moneys on hand in the Project Fund and all of th funds provided by this Section may be invested only 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- eeeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one bank 217 Special Session, June 21, 1982 shall be continuousl3 :~ecured by a valld pledge of direct obligations of the United States Government having an equivalent market value. All such ~n- terim investments shall mature before the date on which the moneys are re- quired for the purpose for which said fund was created or otherwise as herein provided but in no event matu~ ing in more than three years in the ease of the Reserve Fund. The pro visions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and the Reserve Fund shall be main- rained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. All income derived from such in- vestments shall be deposited in the Revenue Fund and shall be regarded as revenues of the Project. Such in- vestments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 16. Covenants Regarding the Operation of the Project. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Bonds: (a) Maintenance in Force. That the Issuer will maintain the Urban Renewal Project and the ordinance in force and will annually cause the in- cremental taxes thereof to be levied and applied as provided in this Resolu- (b) Additional Tax Levy. In the event that at any time legislation is enacted or will become effective with the passage of time, approval of the Governor, publication or any combina- tion thereof which, in the opinion of counsel or any independent certified Issuer either directly or indirectly could reasonably have the effect of reducing the amount of tax increment ~venues of the Project area to the ex- tent that the maximum potential tax increment revenues (based upon a reasonable estimate) would be less than $175,000.00 per year, Issuer shall levy and certify for collection the max- imum permissible incremental tax revenue to the extent necessary to secure the Bonds and parity bonds. The additional levy shall continue un- tll the payment of the Bonds and pari- ty bonds, with the amounts on hand in sinking or reserve funds therefor, shall be fully secured. Proceeds of the additional tax levy shall be allocated between the Bonds and parity bonds, pro rata, to the pay- ment of interest and thereafter to prin- elpal in order of maturity, but only after application of the moneys on hand in sinking funds or reserve funds applicable to each issue. (c) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the Project and in accordance with generally accepted accounting prac- tices, and will cause the books and ac- counts to be audited annually not later than 90 days after the end of each fiscal year by an independent auditor and will file copies of the audit report with the Original Purchaser and will make generally available to the holders of any of the Bonds and Parity Bonds, the balance sheet and the operating statement of the Project as certified by such auditor. The Original Purchaser and holders of any of the Bonds and Parity Bonds shall have at ail reasonable times the right to inspect the records, accounts and data of the Issuer relating to the Project and the Fun~ It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsec. tion, the Original Purchaser or the holder of holders of 25% of the outstan- ding Bonds and Parity Bonds may cause such audits and reports to be prepared at the expense of the Issuer. The audit reports required by tids Sec- tion shall include, but not be limited to, the following information: (i) An evaluation of the manner in which the Issuer has complied with the covenants of this Resolution; (ii) A statement of tax fund revenues and current expenditures; (iii) Analyses of each fund and ac- count created hereunder, including deposits, withdrawals and beginning and ending balances; (iv) The tax r4~tes in effect during the fiscal year, and the use of the Project; (v) The names and titles of the prin- cipal officers of the Issuer; and (vi) A general statement covering any events or circumstances which might affect the financial status of the Project and the bonds. In the event the audit provided for in this Section iS prepared by the State Auditor the governing body will cause to be prepared a certified supplemental report containing the information re- quired by this Section. Special Session, June 21, 1982 218 (d) State Laws. That the Issuer will faithfully and punctually perform all duties with reference to the Project re- quired by the Constitution and laws of the State of Iowa, and will Jegregate the revenues of the Project and apply said revenues to the funds specified in this Resolution. Section 17. Remedies of Bon- dholders, except as herein expressly limited the holder or holders of the Bonds and Parity Bonds shall have and possess all the rights o faction and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of pay- ment of their Bonds and coupons, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 18. Prior Lien and Parity Bonds. The Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the Project having priority over the Bonds or Parity Bonds except as herein provided. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such additional Bonds to the revenues of the Project and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Bonds which shall have matured or which shall mature not later than three months after the date of delivery of such rerun- ding Bonds and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund,. (b) For the purpose of refunding any Bonds or Parity Bonds outstanding, or for the purpose of the Project, if all of the following conditions shall have been met: (1) before any such Bonds ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an independent certified public accountant not a regular employee of the Issuer, reciting the opinion based upon necessary in- vestigations that the net revenues of the Project for the preceding fiscal year (with adjustments as hereinafter provided) were equal to or if fully levied would have been at least two times the maximum amount that will be required in any fiscal year prior to the longest maturity of any of tho then outstanding Bonds for both principal of and interest on all Bonds then outstanding which are payable from the net earnings of the Project and the Bonds then proposed to be issued. (ii) the additional Bonds must be payable as to principal and as to in- terest on the same month and day as the Bonds herein authorized. Section 19. Disposition of Bond Pro- ceeds; Arbitrage Not Permitted. 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 arbitrage Bonds within the meaning of Section 103(c)(2) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the re- quirements of said statute and regula- tions issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or cumstanees that would materially change the foregoing statements or the conclusion that it is not expected that tho proceeds of the Bonds will be used Bonds to be arbitrage Bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the Bonds to certify as to the reasonable expecta- tion of the Issuer at that date. The Issuer covenants that it will treat as restricted yield investments the funds following: (a) Any amounts in the Sinking Fund in excess of l3/l£ths of the total of annual principal and interest re- (b) Any amount on hand in the Reserve Fund in excess of fifteen pep cent of the original principal amount of the outstanding bonds and parity bonds (other than the outstanding bonds). (c) Any amount on hand in the Revolving Fund to the extent that it has been held for a period greater than "Restricted yield investments" are funds or investments which the Issuer covenants not to invest at a yield materially higher than the yield on the bonds as defined in the regulations issued under authority of Section 103(c) of the Internal Revenue Code of the United States. If any investments are held with respect to the bonds and parity bonds, the Issuer shall treat the 219 Special Session June21, 1982 same for the purpose of restricted yield as hem in proportion to the original principal amounts of each issue. The Issuer covenants that it will ex- ceed any investment yield restriction provided in this resolution only in the event that it shall first obtain an opi- nion of recognized bond counsel that the proposed investment action will not cause the bonds to be classed as bitrage bonds under Section 103(c) o! the Internal Revenue Code or regula- tions issued thereunder. The Issuer further covenants that it will proceed with due diligence to spend the proceads of the bonds for the purpose set forth in Section 3 and will make no use of the proceeds available for the construction of facilities or change in the use by persons other than the Issuer or the general public of any portion of the facilities con- structad therefrom, unless it has rained an opinion of bond counsel or a revenue ruling that the proposed pro- jeer or use will not be of such character as to cause interest on any of the Bonds not to be exempt from federal income taxes in the hands of holders other than substantial users of the pro- jeer, under the provisions of Section 103(b) of the Internal Revenue Code of the United States, related statutes and regulations. The Issuer further covenants that it will not expend the proceeds of the Bonds for or devote the land acquired with the proceeds to the construction of parking or convention facilities unless the Issuer has received a ruling of the Internal Revenue Service or an opinion of bond counsel that the pro. posed expenditure is not such as to cause interest on the Bonds to be tax- able under the provisions of Section 103(b) of the Internal Revenue Code ~ the United States. Section 20. Discharge and Satisfac- tion of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and payable; and lb) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and revocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States .he maturities and yield of which shall be sufficient to retire at maturity, or by redemption prior to maturity on any designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of all such obligations to be redeemed shall have been previously p, ubllshed or provi- sions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Bonds or parity Bonds shall cease, determine and be complete- ly discharged, and the holders thereof shall be entitled only to payment out of money or securities so deposited. Section 21. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Bonds and Parity Bonds, and after the issuance of any of the Bonds no change, variation or alteration of any hind in the provisions of this Resolu- ion shall be made in any manner, ex- eept as provided in the next sue- ceeding Section, until such time as all of the Bonds and Parity Bonds, and in- terest due thereon, shall have been satisfied and disqharged as provided in this Resolution. Section 22. Modification of Resolu- tion. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Bonds and Parity Bonds at any time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but in- cluding such Refunding Bonds as m~y have been issued for the purpose of refunding any Of such Bonds if such Refunding Bonds shall not then be owned by the Issuer); but this Resolu- tion may not be so amended in such (a) Make any change in the maturity or interest rate of the Bonds, or modify the terms or, payment of principal of or interest on thd Bonds or any of them or impose any conditions with respect to such payment; lb) Materially affect the rights of the holders of less than all of the Bonds and Parity Bonds then outstanding; and Special Session (c) Reduce the percentage of the prin- cipal amount of Bonds, the consent of the holders of which is required to el- feet a further amendment. Whenever the Issuer shall propose to amend this Resolution under the pro vi- sions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be published one time in a newspaper having general circulation in the State of Iowo, or a financial newspaper or journal published in Chicago, Illinois. Such notice shall briefly set forth the nature of the pro- posed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the Clerk. Whenever at any time within one year from the date of the publication of said notice there shall be filed with the Clerk an instrument or instruments ex- ecuted by the holders of at least two- thirds in aggregate principal amount of the Bonds then outstanding as in this Section defined, which instrument or instruments shall refer to the pro- posed amendatory Resolution describ- ed in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the Issuer may adopt such amendatory Resolution and such Resolution shall become el- fective and binding upon the homers of all of the Bonds and Parity Bonds. Any consent given by the homer ora Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such con- sent and shall be conclusive and bin- ding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the cer- tificate of any officer in any jurisdic- tion who by the laws thereo[ is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execu- tion thereof, or may be proved by an fidavit o[ a witness to such execution sworn to before such officer. The amount and numbers of the Bonds hem by any person executing June 21, 1982 220 such instrument and the date of his holding the same may be proved by an affidavit by such person or by a cer- tificate executed by an officer ora bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such Section 23. Severability. It is hereby declared that the sections, clauses, sentences and parts of this Resolution are severable and are not matters of mutually essential inducement, it be- ing the intention of the City to comply in all respects with the Constitution and statutes of the State of Iowa, and if any one or more sections, clauses, sentences or parts of this Resolution shall for any reason be questioned in any court or shall be judged un- constitutional or invalid, such judge- ment shall not impair or invalidate the remaining provisions of this Resolu- tion, and shall be confined in its opera- tion to the specific provision or provi- sions so held unconstitutional or in- valid and the inapplicability or in- validity of any section, clause, sentence or part of this Resolution in any one or more instances shall not be taken to affect or prejudice its ap- ~licability or validity in any other in- Section 24. Repeal of Conflicting Or- dinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conffict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Passed and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publicatioq, certified to by the Publisher, of Notice of Public Hearing to consider closure of tthomberg Ave. to vehicular traffic from the west abutment of the Eagle Point Bridge to a cul-de-sac to be con- 221 Special Session, June 21, 1982 structed approximately 800 feet south of the bridge abutment, presented and read. Tbere were no written objections received at thetime set for the Hear- Lng. Council Member Hammel moved that the proof of publication be receiv- ed and filed Seconded by Council Member Klauer. Carried by the follow- i Lng vote: Yeas--Council Members Beurskens Deich, Hammel, Klauer, Kluesner. Nays--Mayor Brady, Council Mem- ber Kronfeldt. Certificate of City Clerk certifying that notices were mailed to known ad- jacent property owners and utility owners for the above project by cer- tified mail on May 20, 1982, presented and read. Council Member Hammel moved that the certificate by received and fil- ed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Council Members Beurskens Deich, Hammel, Klauer, Kinesner. Nays--Mayor Brady, Council Mem- ber Kronfeldt. RESOLUTION NO. 154-82 WHEREAS, the Iowa Department of Transportation is proposing to let a contract for the demolition of the Eagle Point Bridge; and WHEREAS, the City Council of the City of Dubuque finds and determines that as a part of said demolition Rhomberg Avenue, from the west abutment of the Eagle Point Bridge to a cul-de-sac to be located approximate- ly 800 feet south of the bridge abut- ment, should be closed to vehicular traffic. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Rhomberg Avenue from the west abutment of the Eagle Point Bridge to a cul-de-sac to be located approximately 800 feet south of the bridge abutment, is hereby clos- ed to vehicular traffic. Section 2. That the attached agree- ment number 82-16-039 with the Iowa Department of Transportation, two copies of which are attached, is hereby approvecL and the Mayor and City Clerk be and they are hereby authoriz- ed and directed to execute the agree- ment for and on behalf of the City Council. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolu- tion in the office of the Dubuque Coun- ty Recorder and the office of the Dubu- que County Auditor. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by tim following vote: Yeas--Council Member Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Mayor Brady, Council Mem- ber Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Agreement bet- ween tlie City of Dubuque Board of Dock Commissioners, the Burlington Northern Railroad Co., the Dubuque County Historical Society, Dubuque Barge and Fleeting Services Co., and Robert's River Rides, Inc. for the realigning, releasing and changing im- position of easement rights, presented and read. There were no written objections rec6ived and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 155-82 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa, on June 11, 1982, the City Court- cil of the City of Dubuque, Iowa, met on the 21st day of June, 1982, at 7:30 o'clock P.M. (CDT) in the Auditorium of the City Carnegie Stout Public Library, Dubuque, Iowa, to consider an Agreement between the Burlington Northern Railroad, the Dubuque County Historicdl Society, Dubuque Barge and Fleeting Service Company, Robert's River Rides. Inc.. and the City of Dubuque, Iowa. Special Session, June 21, 1982 222 relative to the following matters relative to property in the Ice Harbor area, and more specifically as follows: I. Relocation of the permanent right of way across the Burlington Northern trackage to provide pedestrian traffic access to the public parking lot and the freighthouse museum complex; 2. Provisions for right of way ease- ment exchange with the Burlington Northern Railroad Company to pro- vide that the municipal inner levee pro- perty owned by the City of Dubuque will have contiguous access to Second Street; and 3. Commitment by the Dubuque County Historical Society to construct and maintain necessary fencing, pedestrian railroad crossing and other safety devices to protect pedestrians associated with activities of the Dubu- que county Historical Society on City- owned or controlled property. and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, and the hereinabove real estate to the above- named Lessee. NOW, THEREFORE, BE IT SOLV. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement bet- ween the Hurlington Northern Railroad Company, the Dubuque County Historical Society, Dubuque Barge and Fleeting Service Company, Robert's River Rides, Inc., and the City of Dubuque, Iowa, is hereby ap- proved and that the terms and provi- sions of such agreement entitled "Agreement Re Realignment, Release and Imposition of Easement Rights, and Related Matters" are hereby ratified, Section 2. That in accordance with the Agreement, the Dubuque County Historical Society shall cause to be prepared, at its expense, a plat of the realigned permanent right of way refer red to in paragraph two of the Agree- ment, and on preparation of this plag it shall be signed by the Dubuque County Historical Society and the Burlington Northern Railroad, and the Mayor shall be authorized in the name of the City of Dubuque to sign for the City of Dubuque. Section 3. That the City Clerk shall cause to be filed with the Dubuque County Recorder, a copy of the plat, which shall be attached to the original of the Agreement, entitled "Agree- ment Re Realignmeng Release and Ira- position of Easement Rights, and Related Matters". Section 4. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this resolu- tion in the office of the City Assessor, Dubuque County Recorder and Dubu- que County Auditor. Passed, adopted and approved this 21st day of June. 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider an Agreement to Lease through Board of Dock Commis- sioners and Dubuque Barge and Fleeting Service Company to lease real estate on the north side of the Ice Har- bor in the City of Dubuque, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 156-82 WHEREAS, pursuant to resolution and published notice of time and place of public hearing, published in the Telegraph Herald, a newspaper of general circulation, published in the City of Dubuque, Iowa, on June 11, 1982, the City Council of the City of Dubuque, Iowa, met on the 21st day of June, 1982, at 7:30 o'clock P.M. (CDT) in the Auditorium of the City Carnegie Stout Public Library, Dubu- que County, Iowa, to consider the pro- posal for the amendment of the Lease between the City of Dubuque and Dubuque Barge and Fleeting Services 223 Special Session, June 21, 1982 Company, an Iowa Corporation, a Lease Agreement, dated October 29, 1975, and subsequently amended by Agreement on April 16, 1978, such a proposed Amendment to the Lease would be as follows: 1. That the area being leased be reduced by 0.267 acres, more or less, from the Lease, said removed area to be used as a part of a municipal park- lng lot; and 2. That if the Sublease Agreement between Dubuque Barge and Fleeting Service Company and the Dubuque County Historical Society, dated May 26, 1982. is terminated, then on the date of such termination of rental pay- ment by Lessee under the Lease be reduced on a prorated basis by the rent allocable to the 0'.267 acres remov- ed from the lease by this Amendment. WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to ~lispose of interest of the City of Dubuque, Iowa, and the hereinabove real estate to the above- NOW, TH~EREFORE, BE IT RE* SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Lease Agreement dated October 29, 1975, and amended on April 16, 1979, between Dubuque Barge and Fleeting Service Company, an Iowa Corporation, and the City of Dubuque, be amended to reduce the acreage by 0.267 acres, more or less, from the existing Lease, and that if for any reason the Sublease between Dubuque Barge and Fleeting Service Compnay and the Dubuque County Historical Society, dated May 26, 1982, be terminated, then as of the date of such termination, the rent payable by Lessee under Lease as dated on Oc- tober 29, 1975, as amended, will be reduced on a prorated basis by the rent allocable to the 0.267 acres removed from the lease by this Amendment. Section 2. That the City Clerk be and she is hereby directed and authorized to deliver a copy of this amended Section 3. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this resolu- tion in the office of the City Assessor, Dubuque County Recorder and Dubu- que County Auditor. Section 4. That the Mayor and City Clerk be and they are hereby author ized and directed to execute said Amendment to Lease and Agreement, a copy of which is hereto attached and by reference made a part hereof, for and on behalf of the City of Dubuque. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certi~c~ to by the Publisher, on Notice of Public Hearing to consider proposed sublease of property by Dubuque Barge and Fleeting Service Company to the Dubuque County Historical Society through the Board of Dock Commls- sioners, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be recelv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. RESOLUTION NO. 157-82 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general clrcula- tion, published in the City of Dubuque, Iowa, on June 11, 1982, the City Coun- cil of the City of Dubuque, Iowa, met on the 21st day of June 1982, at 7:30 o'clock P.M. (CDT) in the Auditor- ium in the City Carnegie Stout Public Library, Dubuque County, Iowa, to consider the sublease of the westerly 125 feet of the inner levee of the property leased by Dubuque Barge and Fleeting Company from the City of Dubuque under a Lease Agreement dated October.29, 1975, and subse- quently amended April 16, 1979, and April 28, 1982; and WHEREAS, the City Council in the City of Dubuque, Iowa, overruled any Special Session, June 21, 1982 224 and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, on the hereinabove real estate to the above- named Lessee and Sublessee. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That approval be granted to the Sublease by Dubuque Barge and Fleeting Service Company to the Dubuque County Historical Society the westerly 125 feet of the inner levee property leased by Dubuque Barge and Fleeting Service Company under Lease Agreement dated October 29, 1975, and subsequently amended on April 15, 1979, and April 28, 1982. Section 2. That the City Clerk be and she is hereby directed and authorized to deliver an executed copy of the Sublease to the Lessee and Sublessee. Section 3. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this resolu- tion in the office of the City Assessor, Dubuque County Recorder and Dubu- que County Auditor. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to b the Publisher, on Notice of Public Hearing to consider Amendment to Lease through the Board of Dock Commissioners and Robert's River Rides, Inc. to lease real estate on the north side of the Ice Harbor in Dubu- que, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Klauer 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- bets Beurskens. Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--Nor~ ;. RESOLUTION NO. 158-82 WHEREAS, pursuant to the resolu- tion and published notice of time and place of public hearing, published in the Telegraph Herald, a newspaper of general circulation, published in the City of Dubuque, Iowa, on June 11, 1982, the City Council of the City of Dubuque, Iowa met on the 21st day of June, 1982, at 7:30 o'clock P.M. (CDT) in the Auditorium in the City Carnegie Stout Public Library, Dubuque Coun- ty Iowa, to consider the amendment of the Lease Agreement between the City of Dubuque, Iowa, and Robert's River Rides, Inc., dated February 18, 1977, to reduce the acreage leased to Robert's River Rides, Inc., by 0.63 acres, more or less, to provide for eight parking stalls of approximately 72 feet on the public parking lot constructed by the City of Dubuque for Robert's River Rides, Inc., and to modify the fee schedule as set forth in the Lease Agreement dated February 18, 1977; and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, on the hereinabove real estate to the above- named Lessee. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Lease Agreement with Robert's River Rides, Inc., be amended as follows: c~ That the acreage leased to the Lessee be reduced by 0.63 acres, more or less; b. That the Lessee be granted the right of reservation of eight parking stalls of approximately 72 feet on the public parking lot owned by the City of Dubuque to be used by Robert's River Rides, Inc., for parking of service vehicles and loading of excursion boat with supplies. c. That the fee schedule set forth in the Lease Agreement dated February 18, 1977, be amended and a new fee schedule be approved, Section 2. That the City Clerk be and she is hereby directed and authorized to deliver a copy of Amendment to Lease to above-named Lessee. Section 3. That the City Clerk be and she is hereby authorized and directed 225 Special Session, June 21, 1982 to record a certified copy of this resoluw tion in the office of the City Assessor, Dubuque County Recorder and Dubu- que County Auditor Section 4. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said Amendment to Lease, a copy of which is hereto attached and by reference made a part hereof, for and on behalf of the City of Dubuque. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider a proposed sublease of property by Robert's River Rides, Inc. to the Dubuque County Historical Society to sublease portion of leased premises of Robert's River Rides, Inc. to the Dubuque County Historical Society for accomodatlon of the dredge, William M. Black presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of pubfication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Cari'ied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 159-82 WHEREAS, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa, on June 11,. !982, the City Coun- cil of the City of Dubuque, Iowa, met on the 21st day of June, 1982, at 7:30 o'clock P.M. (CDT) in the Auditor: ium in the City Carnegie Stout Public Library, Dubuque County, . Iowa, to consider the Sublease of pro- perty by Robert's River Rides, Inc., as described under Lease Agreement bet- ween the City of Dubuque, Iowa, and Robert's River Rides, Inc., dated February 18, 1977, to the Dubuque County Historical Society; and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, on the hereinabove real estate to the above- named Lessee and Sublessee. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That approval is granted to the Sublease of property leased by Robert's River Rides, Inc., from the City of Dubuque, Iowa, in Agreement dated Februar~ 18, 1977, to the Dubu- que County Historical Society. Section 2. That the City Clerk be and she is hereby directed and authorized to deliver a copy of approved Sublease Agreement to Lessee and Sublessee. Section 3. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this resolu- tion in the office cf the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, adopted and aPproved this 2~st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kro. nfeldt. Nays--None. Proof of publication, dertifled to by the Publisher, on Notice of Pendency of Resolution of Necessity for public improvements etc. for construcUwn of Ice Harbor Museum-Riverfront Tourist Access Project, presented and read. There were no written objections received and no oral ~bjectors present at the time set for the Hearing: Council Member Beurskens moved that the proof of publication be receiv- ed and flied. Seconded by Council Member Deich. Carried by the follow- Special Session, June 21, 1982 226 Seconded by Council Member Deich. ing vote: ~ Carried by the following vote: Yeas--Mayor Brady, Council Mem- [ Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel,|bers Beurskens, Deich. Hammel, Klauer, Kluesner, Kronfeldt. Klauer, K1uesner, Kronfeldt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 135-82 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 office 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 Ice Harbor Museum-Riverfront Tourist Access. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Community Development Fund. The above resolution was introduc- ed, approved and ordered placed on filed with the City Clerk this 7th day of June, 1982. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted, as proposed by the City Council this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Resolution. Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 160-82 WHEREAS, proposed plans and specifications and form of contract for the Ice Harbor Museum-Riverfront Tourist Access have been approved by the City Council of the City of Dubu- que and public notice given as provid- ed by the Code of Iowa pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such ira- provements, said time being this 21st day of June, 1982; and WHEREAS. the City Council met in special session this 21st day of June, 1982, at 7:30 p.m. at the Public Library Auditorium for the purpose of hearing all interested parties and con- sldering any and aH objections which have been filed to the proposed plans, speciflcaUwns or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, ali interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. that all objections 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 aH objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor 227 Special Session June 21, 1982 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, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager submitting documents providing for the rescinding of a lease between Mississippi Valiey Milk Producers, Inc. and the City of Dubuque and a proposed lease between the City and Katuin Bros., Inc., presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Beersknes. Carried by the foliowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 161-82 WHEREAS, the City of Dubuque Board of Dock Commissioners has agreed to the rescinding of a lease bet- ween the City of Dubuque and the Mississippi Valley MiLk Producers dated April 10, 1963; and WHEREAS, a proposed lease has been prepared to be executed by the City of Dubuque, Iowa through its Board of Dock Commissioners and Ka- ruin Brothers, Inc., an Iowa corpora- tion; and WHEREAS, the Board of Dock Commissioners of the City of Dubu- que, Iowa have examined said propos- ed form of lease, a copy of which is at- tached hereto, and by reference made a part hereof, and hereby approved tho same. NOW, THEREFORE, BE IT SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the lease between the Mississippi Valley Milk Producers dated April 10, 1963 be rescinded and the Mayor b~ authorized to sign the Consent Agreement conditioned on the premise that a lease be approved and executed between the City of Dubuque and Katuin Bros., Inc. Section 2. That the proposed written lease by and between the Board of Dock Commissioners, City of Dubu- que, Iowa and Katuin Brothers, Inc. be and the same is hereby approved, and the execution thereof is hereby authorized. Section 3. That the City Council of the City of Dubuque, Iowa, is hereby requested to approve the execution of said lease as is by law provided, and that the City Clerk be instructed to in- stitute public hearing notices as re- quired by law. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution, setting Hearing for 7-6-82. Seconded by Coun- cil Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. RESOLUTION NO. 162-82 A Resolution Authotizing the Is- suance of $3,000,000 in Aggregate Principal Amount of the City of Dubu- que, Iowa, Industrial Development Revenue Bonds (Thermolyne Corpora- tion Project) Series 1982, with the Pro- ceeds from the Sale of the Bonds to be Loaned to Thermolyae Corporation, an Iowa Corporation (the "Company"), for the Purpose of Defraying all or a Portion of the Cost ot~ Expanding an Industrial Facility by Adding to, Renovating, Improving and Equipp- ing the Existing Office and Manufac- turing Facility of the Compan. y Located in the City, Suitable for use in Manufacturing Ovens and Other Hearing Apparatus; the Execution and Delivery of an Indenture of Trust to Secure said.bohds; the Execution and Delivery of a Lean'Agreement bet- ween the City and the Company; the Assignment by the City to the Trustee of th Rights and Interest of the City in and to Said Loan Agreement; the Sale of Said Bonds; Appoihtment of a Trustee; and Related Matters. WHEREAS, th~ City of Dubuque, Iowa, a municipSl Corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "City") pro* poses to issue its Industrial Develop- ment Revenue Bonds (Thermolyne Special Session, June 21, 1982 228 Corporation Project) Series 1982, in the aggregate principal amount of $3~000,000 (the "Bonds") with the pro- ceeds from the sale of th9 Bonds to be loaned by the City to Thermolyne Cor- poration, an Iowa corporation (the "Company"), for the purpose of defraying all or a portion of the cost of expanding an industrial facility by ad- ding to, renovating, improving and equipping the existing office and manufacturing facility of the Com- pany located in the City, suitable for use in manufacturing ovens and other heating apparatus (the "Project"), the Project to be owned by Company, with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and WHEREAS, the Bonds are to be issued pursuant to provisionq of an In- denture of Trust (the "Indenture") dated as of June 1, 1982, between the City and The First National Bank of Boston, Boston, Massachusetts, as Trustee thereunder (the "Trustee"); and WHEREAS, the proceeds from the sale of the Bonds are to be loaned by the City to the Company pursuant to provisions of a Loan Agreement (the "Loan Agreement") dated as of June 1, 1982, between the City and the Com- pany; and WHEREAS, the rights and interest of the City in and to the Loan Agree- ment will be assigned by the City to the Trustee pursuant to the Indenture; and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as re- qulred by Section 419.9 of the Act, and this City Council has deemed it to be in the best interests of the City that the Bonds be issued as proposed; and WHEREAS, the City has arranged for the sale of the Bonds to Bankers Trust Company, New York, New York (the "Original Purchaser"); and WHEREAS, there has been presented to this meeting the follow- lng documents, which the City pro- poses to enter into: 1. The form of Loan Agreement, bet- ween the City and Company; and 2. The form of Indenture between the City and the Trustee Setting forth the terms of the Bonds including (without limitation) the maturity dates, rates of interest and redemption provisions, and the conditions and security for payment of the Bonds; and 3. The form of Bond Purchase Agreement, to be dated June 21, 1982 (the "Bond Purchase Agreement"), by and among the Original Purchaser, Sybron Corporation, a New York cor- poration and the parent company of the Company (the "Guarantor"), the City and the Company relating to the issuance, sale and purchase of the Bonds; and 4. The form of an Inducement and Indemnity Letter to be dated June 21, 1982 (the "Inducement Letter") from the Company and the Guarantor to the City and the Original Purchaser; and 5. The form of the Bonds, as set forth in the Indenture. WHEREAS, it appears that each of the instruments above referred to, which are now before each of the Coun- cil Members of the City Council, is in appropriate form and is an appropriate instrument for tlie purposes intended; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the City defray the costs of constructing, renovating, im- proving and equipping the Project by issuing the Bonds and loaning the pro- ceeds of the sale of the Bonds to Com- pany. Section 2. That in order to defray the costs of the Project, the issuance of tho Bonds in the aggregate principal amount of $3,000,000, maturing on such dates, in such amounts and beat~ lng rates of interest as set forth in the Indenture, in substantially the form and content set forth in the Indenture now before this meeting, subject ~o ap- propriate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the form and cont- net of the Bonds set forth in the Inden- ture now before this meeting be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, em- powered and directed to execute, whether by manual or facsimile signatures, impress the official seal of the City (or cause to have printed a fac- simile thereol9 thereon and deliver for and on behalf of the City the Bonds to 229 Special Session June 21, 1982 the Trustee [or authentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including without limitation the maturity dates, rates of interest and redemption provi- sions) be and the same hereby are authorized, approved and confirmed and are incorporated herein by reference. Section 3. That the City loan to Com- pany the proceeds from the sale of the Bonds pursuant to the Loan Agree- ment, which provides for repayment by Company of such loan in an amount equal to principal of, premium, if any, and interest on the Bonds when and as due, and the form and content of the Loan Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Loan Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the City, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or ap- propriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Loan Agreement now before this meeting, and that from and after the execution and delivery of the Loan Agreement, the Mayor and the City Clerk are hereby authorized, powered and directed to do all such acts and things and to execute all such carry out and comply witk the provi- sions of the Loan Agreement as ex- ecutod. Section 4. That The First National Bank of Boston, of the City of Boston, Massachusetts, is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provisions of which are incorporated herein by reference, and the assign- ment of tke City's rights and interest in and to the Loan Agreement {with certain exceptions as stated in the In- denture) be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authoriz- ed, empowered and directed to execute, attest, seal and deliver the Indenture for and on behalf of the City to the Trustee for the security of the Bonds and the interest thereon~ including necessary counterparts in substantial- ly the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture now before this meeting, and that from and after the execution and delivery of the Indenture, the Mayor and the City Clerk are hereby authorized, em- powered, and directed to do ali such acts and things and to execute all such documents as may be necessary to carry out and comply with the provi, sions of the Indenture as executed. Section 5. That the sale of the Bonds to the Original Purchaser at the pu~ chase price set forth in the Bond Pu~ chase Agreement, plus accrued in- retest, if any, from June 1, 1982 to date of delivery, is hereby authorized, ap- proved and confirmed and the Mayor be, and he hereby is, authorized, em- powered and directed to execute and deliver to the Original Purchaser the Bond purchase Agreement for and on behalf of the City, incuding necessary counterparts and the form and content now before this meeting, and that from and after the execution and d~livery of the Bond Purchase Agreemeng the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to ex- ecute all such documents as may be necessary to carry out and comply with the provisions of the Bond Pur- chase Agreement. Section 6. That thgform and content of the Inducement Letter be and the same hereby are authorized, approved and confirmed and the Mayor be, and he hereby is, authorized, empowered and directed to accept the Inducement Letter for and on behalf of the City by execution thereof, including necessary counterparts in the form and content now before this meeting, and that from and after the executio~'and delivery of the Inducement Letter, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such carry out and comply with the provi- sions of the Inducement Letter as Special Session, June 21, 1982 230 Section 7. That the Mayor and the City Clerk of the City be and they hereby are authorized to execute and deliver for and on behalf of the City any and all additional certificates, and perform all other acts (including without limitation the filing of any financing statements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Indenture and the execution of all closing documents as may be required by Messrs. Ahlers, Cooney, Dorweiler, Haynie & Smitlb as Bond Counse& and the acceptance of any documentation evidencing indemnification of the City by Company in connection with the transactions contemplated hereby) as they may deem necessary or ap- propriate in order to implement and carry out the intent and purposes of this Resolution. Section 8. That the City hereby elects to have the provisions as to the exempt small issue limitation of $10,000,000 under Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, apply to the Bonds, and the Mayor or the City Clerk are hereby directed to file or cause to be filed an appropriate statement relating to such election with the Internal Revenue Set- vier. Section 9. That the Loan Agreement requires Company in each year to pay amounts as Loan Payments sufficient to pay the principal of, premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by Company to the Trustee pursuant to the Loan Agreement is hereby authorized, approved and con- firmed Section 10. The the bonds are limited obligations of the City, payable solely out of the Loan Payments required to be paid by Company pursuant to and in accordance with provisions of the Loan Agreement and as provided in sions of the Indenture. The Bonds and an indebtedness of the City, within the meaning of any state constitutional provision or statutory limitation, a. nd shall not give rise to a pecumary liability of the City or a charge against its general credit or taxing powers. Section 11. That the provisions of this Resolution are hereby to be separable and if any section, phrase or '' shall for any reason be declared to be invalid, such declaration shall not affect the validity of the re- mainder of the sections, phrases or pro- visions. Section 12. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such con- filet, hereby repealed and this Resolu- shall be in full force and effect ira- mediately upon its adoption. Adopted and approved this 21st day of June, 1982. City of Dubuque, Iowa James E. Brady Mayor ATTEST: (Seal) 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, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution regarding ap- proval of UDAG Agreement, and read. Council Member Kluesner 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, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 163-82 Authorizing Endorsement of UDAG Grant Agreement Concerning the City of Dubuque, Iowa and the A.Y. ~IcDonald Manufacturing Company ~ond Issue WHEREAS, the City of Dubuque, Iowa by its City Council and A.Y. McDonald Manufacturing Company has heretofore entered into an Applica- tion for UDAG assistance through the United States Department of Housing Irban Development, pursuant to Resolution No. 311-81 passed by the City Council on October 19, 1981; and WHEREAS, the proposed UDAG Grant Agreement has been offered by the United States Department of Housing and Urban Development, and it sets forth the terms and provisions for evidentiary materials to be submit- 231 Special Session, June 21, 1982 ted prior to any release of Grant funds; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby authorizes and directs the Mayor and the City Clerk of the City of Dubuque, lows, to endorse the UDAG Grant Agreement for and on behalf of the City of Dubuque, Iowa, providing that the parties to said UDAG Grant Agreement shall have the right to modify, amend, delete or otherwise alter the terms of the UDAG Grant Agreement pursuant to the mutual agreement of the parties. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Hummel. Carried by the fnilowlng vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Delch, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for the approval of Collective Bargaining Agreement between the City and the Amalgamated Transit Union, Division #329, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammni, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 164-82 Resolution Accepting the Agreement between the City of Dubuque, Iowa, and the Amalgamated Transit Union. Divlsion #329. and Authorizing the Mayor to Sign Said Agreement WHEREAS. the Sixty-Fifth General Assembly adopted the Public Employment Relations Act. Chapter 20, Code of Iowa: and WHEREAS. the City of Dubuque is a public employer within the meaning of Section 311) of the Public Employ- merit Relations Act; and WHEREAS, the Amalgamated Transit Union, Division #329, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the Amalgamated Transit Union, Division #329, submit- ted a request to bargaining collective- ly on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an Agree~ ment has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that the terms of the Agree- ment be accepted and the Mayor authorized to sign the attached collec- tive bargaining agreement. Passed, adopted and approved this 21st day of June, 1982. 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 tlie following vote: Yeas--Mayor Brady~ Council Mem- bers Beurskens, Dnich, Hammni, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of. City Manager submitting Resolution providing for the approval of Collective Bargaining Agreement between the City and the Dubuque Association of Professional Firefighters, Local #353, presented and read. Council Member Deich moved that the communication be received and filed. Seconded ~by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich. Klauer. Kluesner~ Nays--Council Members Hummel. Kronfeldt. RESOLUTION NO. 165-82 Resolution Accepting tho Agreement between the City of Dubuque, Iowa. and the Dubuque Association of Pta- [esstonal FireBghters, Local #353, and Authorizing the Mayor to Sign Said Agreement Special Session June 21, 1982 232 WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and WHEREAS. the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Emplay- ment Relations Act; and WHEREAS, the Dubuque Associa- tion of Professional Firefighters, Local #353, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the Dubuque Associa- tion of Professional Firefighters, Local #353, submitted a request to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an Agree- ment has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the terms of the Agree- ment be accepted and the Mayor authorized to sign the attached collec- tive bargaining agreement. Passed, ad~,pted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner. Nays--Council Members Hammel, Kronfeldt. Communication of City Manager submitting Resolution providing for the approval of Collective Bargaining Agreeme!at between the City and the General Drivers and Helpers Union, Local #421, presented an~ read. Council Member Deich 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, Dnich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 166-82 Resolution Accepting the Agreement between the City of Dubuque, Iowa, and the General Drivers and Helpers Union, Local #421, and Authorizing the Mayor to Sign Said Agreement. WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and WHEREAS, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employ- ment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the General Drivers and Helpers Union, Local #421, sub- mitted a request to bargain collective- ly on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an Agree- ment has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the terms of the Agree- ment be accepted and the Mayor authorized to sign the attached collec- tive bargaining agreement. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beursknas. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dnich, Hummel, Klauer, K~mesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for the approval of Collective Bargaining Agreement between the City of Dubu- que and the International Union of Operating Engineers, Local #758, presented and read. Council Member Deich moved that the communication be received and 233 Special Session June 21, 1982 filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 167-82 Resolution Accepting the Agreement between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local $758, and Authorizing the Mayor to Sign Said Agreement WHEREAS, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and WHEREAS. the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employ- ment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local #758, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Act; and WHEREAS, the International Union of Operating Engineers, Local #758, submitted a request to bargain collectively on behalf of the employees within its representation; and WHEREAS, bargaining between the parties has occurred and an Agree- ment has been concluded. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the terms of the Agree- ment be accepted and the Mayor authorized to sign the attached collec- tive bargaining agreement. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adap- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting FY 1983 Compensation Package and Wage Plan for Non- bargaining Unit Employees, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 168-82 Adopting the FY 1983 Compensation Package and Wage Plan for Non- bm'gaining Unit Employees WHEREAS, the approved FY 1983 budget provides for an increase in wages for nonbargaining unit employees of six (6) percent or $1,300, whichever is less, effective July 1, 1982; and WHEREAS, the wage plan for non- bargaining unit employees, which is contained in the comprehensive wage and salary plan for all City employees, reflects the wage increase provided for n the FY 1983 budget. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the resolution be adopted approving the FY 1983 compensation package and wage plan for non- bargaining unit employees. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Daich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesper, Kronfeldt. Nays--None. Communication of City Manager recommending to enter into an Agree- ment for Pay Ciassiflcation Study and authorizing Mayor to execute (Yarger and Associates in the amount of $14,000.00), presented and read. Council Member Beurskens moved that this matter be tabled on June 28th at 5:00 p.m. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets B~urskens, Deich, Hammel, Klauer, Kluesner, Kronfaidt. Nays--None. Special Sessio~ Communication of City Manager submltting FfScal Year 1983 Agree- merit with Lyle Sumek for Organiza- tional Development Program and re- questing autliorization for Mayor to execute, presented and read. Council Member Kronfeldt moved that this matter be tabled to June 23rd at 5:00 p.m. to determine who will at- tend sessions. Seconded by Council Member HammeL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Kronfaidt. Nays--Council Members Beurskens, Klauer. Communication of City Manager re- questing approval of Guidelines for the recommended Old Main Improve- ment Loan Program, presented and read. Council Member Kronfeldt moved that the communication be received and filed and guidelines approved. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution pertaining to Industrial Commercial Loan Participa- tion for Old Main Street Ares presented and read. Council Member Kronfaidt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- hig vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Delch, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 169-82 A Resolution Authorizing Publication of Notice of Environmental Review Findings for a Certain Community Development Block Grant Project WHEREAS, the City of Dubuque will be entering into a Grant Agree- merit for Fiscal Year 19~3 ~ith the U.S. Department of Housing and Ur- ban Development, providing for finan- cial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amend- ed; and WHEREAS, pursuant to the rules and regniagions as promulgated by the June 21, 1982 234 U.S. Department of Housing and Ur- ban Development, an environmental review has been processed for the pro- ect hereinafter to be described to be financed with Community Develop- ment Block Grant funds; and WHEREAS, after due consldera- tion, a determination has been made that the project is not a major federal action significantly affecting the quail- ty of the human environment; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a "Notice of Finding of No Significant Effect on the Environ- ment" for the following identified pro- ject, and to make the Environmental Review Record for said project available for public inspection. Such Notice shall be in the form of "Exhibit A" ~ttaehed hereto and made a part hereof. Industrial/Commercial Loan Participation Program Old Main Street Area Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of July 6, 1982, authorizing the submission of a request to the U.S. Department of Housing and Urban Development, to undertake the project. Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel,. Klauer, Kluesner, Kronfeldt. Nays--None. Communication. of City Manager submitting Resolution regarding Delinquent Refuse Collection Ac- counts, presented and read. Council Member Klauer 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, De. ich, Haramel, 235 Special Session, June 21, 1982 Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 170-82 Resolution Authorizing the City Manager to Collect Delinquent Refuse Collection Accounts in Accordance with Section 17-37(d) of the Code of Or- dinances of the City of Dubuque, Iowa WHEREAS. City refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa, is mandatory; and WHEREAS, at least ammaily, the City Manager is required to prepare a list of persons who are delinquent in the payment of the required charges; and WHEREAS, delinquent refuse col- lection charges shall be certified by the City Clerk to the County Auditor for collection with, and in the same man- ner as, general property taxes, NOW. THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons named hereinafter, owning the property thereby set forth, are delinquent in the payment of refuse collection charges in the amount specified. Name and Address James E. & Judith A. Ostert Robert L. & Jean Ostert 125 Nicolet St. Vernon F. & Dorothy Thomas Mary Thomas 731 Louise St. Kenneth O. & Ruth Ann Haugen 3850 Inwood Dr. Larry J. & Susan D. Hurst 3960 Oneida Mary G. Corell 1460 Miller Rd, Property Description Amount Contract) Lot 1, Sub 85 Linehan ,,Park,Ad& $ 74.76 (Owner) 85A " (6-4-4-48) (Contract) Lot 24 Maple Leaf Add. No. 2 186.02 (Owner) Lot 25 (6-3-3-86) (Owner) Lots 505 & 506 N. Dbq. Add. 74.76 (6-3-2-93) (Owner) Lot 2-2-3 & Lot 1-2-1-1-3 N'/2, 74.76 SE¼, NW¼, Sec. 12, T89N-R2E (6-3-2-75) Mineral Lot 499 Alvin D. & Constance M, Legrand (Contract) Lot 1-1-1-6 Shiptons Resub. John H. & Helen L. Pollock 1553 Southern Ave. David Michael & Barbara Jean Hummel 1637 Man,on Rd. Nicholas & Marie Merfeld 575 Cedar Cross Rd. John W. & Mary Oerdeman 3567 Crescent Ridge 68.67 IOwnerl (6-14-1-15) (Owner) Lot 1-2-1-2-4 Mineral Lot 501 68.67 Lot 2-3 Minerel Lot 509 (6-14-2-44) (Owner) Lot 2-1-1-1-2-3 Mineral Lot 219 68.67 Lot 2-2-1-2-1-1.2 Mineral Lot 220 (6-12-2-66) (Owner) Lot 19 Dub~tque Homes, 79.13 Center Gr6ve Place No. 2 {6-10-4-29) Section 2. That the City Clerk be and is hereby ordered and directed to cer- tify to the County Auditor of Dubuque County, Iowa, that the persons named hereinabove are delinquent in the pay- ment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set op- posite the names of the owners. Passed, adopted and approved this 21st day of June, ,982. James E. Brady Mayor TTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by C6uncil Member Hammel. Carried by the foilowing vote: Yeas--Mayor: Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. Special Session, June 21, 1982 236 Communication of Council Member Donald Deich requesting amendment to Section 20-4.10(d)(2) regarding the Housing Code and recommending it be referred to City Manager and Corpora- tion Counsel for implementation, presented and read. Council Member Deich moved that the communication be referred to the City Manager and Corporation Counsel for investigation and report. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager ad- vising of the restructuring of the Boards of Trustees for the Fire Retire- ment System and the Police Depart- merit System according to an amend- ment of the Code of Iowa effective Ju- ly 1, 1982, presented and read. Council Member Hammci moved that the communication be received and filed and directed Clerk to adver- tise the opening. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Hank Waltz sub- mitting resignation from Dock Com- mission, presented and read. Council Member Klauer moved that the communication be received and filed and reject the resignation. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer. Nays--Council Members Beurskens, Hammel, Kluesner, Kronfeldt. MOTION FAILED TO PASS. Council Member Beurskens moved that the communication be received and filed and resignation accepted with ?egret. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Council Member Klauer moved to table to July 6th any further action regarding Dock Comm. forming Ad- Hoc Committee. Seconded by Council Member Deich. Vote on the motion was as foilows: Yeas--Council Member Klauer. Nays--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner. Abstain--Council Members Ham- mci, Kronfeldt. MOTION FAILED TO PASS. BOARDS AND COMMISSIONS Applicants for Any Board or Com- mission: F.M. Heliert, Thomas H. Kersch. CIVIC CENTER COMMISSION 2 Vacancies - 2 Three Year Terms to Expire 6-29-85 Applicants: Frank R. Duchow, Don Feldman, Mrs. David (Cherie) Lambert, Edward McEvoy, John L. Oehrle, Andrea Rafoth. Vote on the vacancies was as follows: Council Member Bourskens voted for Oehrle and Rafoth, Mayor Brady voted for Oehrle and McEvoy, Council Member Deich voted for McEvoy and Rafoth, Council Member Hammel voted for Oehrle and Rafoth, Council Member Klauer voted for Oehrle and McEvoy, Council Member Kluesner voted for Oehrle and Rafoth, Council Member Kronfeldt voted for Oehrle and Rafoth. Therefore, John L. Oehrle reap- pointed and Andrea Rafoth appointed to the Civic Center Commission for a three year term to expire 6-29-85. DOCK BOARD i Vacancy- 1 Unexpired Term to Expire 11-26-83. Applicants: Robert W. Borley, Allen J. Gourley, Donald H. Lochner, Rose Marie Montgomery, Don McMulien, Tilden Polsean, E.A. Sandy Sander- son, Douglas L. Sharpe, Robert W. Smith. Vote on tlie vacancy was as follows: Council Member Beurekens voted for Sharpe, Mayor Brady voted for Sanderson, Council Member Deich voted for Montgomery, Council Member Hammci voted for Sanderson, Council Member Klauer voted for Montgomery, Council Member Kluesner voted for Borley, Council Member Kronfeldt voted for Lochner. There being no majority for appoint- ment, a second vote was taken. Council Member Beurskens voted for Sanderson, Mayor Brady voted for Sanderson, Council Member Deich voted for Montgomery, Council Member Hammci voted for Sanderson, Council Member Klauer voted for Montgomery, Council Member 237 Kluesner voted for Sanderson, Council Member Kronfeldt voted for Sander- son. Therefore E.A. (Sandy) Sanderson appointed to the Dock Board for an unexpired term that will expire 11-26-83. ELECTRICAL BOARD OF APPEALS I Vacancy- 1 Unexpired Term to Expire 7-12-83. Applicants: Daniel J. Hammel and David J. Meyers. Vote on the vacancy was as follows: Council Member Beurskens voted for Meyers, Mayor Brady voted for Meyers, Council Member De(ch voted for Meyers, Council Member Hummel voted for Hummel, Council Member Klauer voted for Meyers, Council Mere~ bet Kluesner voted for Meyers, Council Member Kronfeldt voted for Meyers. Therefore, David J. Meyers ap- pointed to the Electrical Board of Ap- peals for an unexpired term which will expire 7-12-83. HISTORIC PRESERVATION COMMISSION 4 Vacancies - 2 At Large Terms of 3 Years to Expire 0-29-85; 1-3 Yr. Term to Expire 6-29-85 from Lower Main A~ea; 1-3 Yr. Term to Expire 6-29-85 from W. 3rd/Alpine Area. Applicants: Janet M. Busch, Louis E. Fuller, Charles D. Glab, Paul Peckosh, Thomas Reilly, Judy Schiel, John A. Schublin. Vote on the vacancies was as follows: AT LARGE VACANCIES: Council Member Beurskens voted for Glab & Reilly, Mayor Brady voted for Glab and Schublin, Council Member Deich voted for Busch and Fuller, Council Member Hummel voted for Glab & Reilly, Council Member Klauer voted for Schublin and Fuller, Council Member Kluesner voted for Glab & Reilly, Council Member Kronfeldt voted for Glab & Reilly. Therefore, Charles D. Glab and Thomas Redly reappointed to the Historic Preservation Commission in an At Large capacity. LOWER MAIN and W/3RD ALPINE DISTRICTS VACANCIES: Council Member Beurskens moved that Judy Schiel be appointed to repre- sent the Lower Main Area and Paul Peckosh appointed to represent the W 3rd/Alplne Areas. Seconded by Coun- cfi Member Kronfeldt. Carried by the following vote: Special Session, June 21, 1982 Yeas--Mayor Brady, Council Mem- bers Beurskens, De(ch, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Therefore, Judy Schiel and Paul Peckosh appointed to the Historic Preservation Commission for three 7ear terms which will expire 6-29-85. CABLE TV REGULARTORY COMMISSION 1 Vacancy - 1-3 Yr. Term to Expire 6-30-85. Applicants: Rod Bakke, Douglas Hilby, Jim Renier. Council Member Beurskens voted for Hilby, Mayor Brady voted for Renler, Council Member Deich voted for Renier, Council Member Hummel voted for Renier, Council Member Klauer voted for Bakke, Council Member Kluesner voted for Renier, Council Member Kronfeldt voted for Renior. Therefore, Jim Renier appointed to the TV Cable Regulatory Commission for a three year term to expire 6-30-85. CABLE TV TELE-PROGRAMMING COMMISSION 3 Vacancies- 3-3 Yr. Terms to Ex- pire 6-30-85. Applicants: Rod Bakke, Philip L. Becker, Thomas Boettcher, Michele Hoffman-Attaway. Karen O'Rourke, Joseph Riesselman, Donald W. Stribl- mg. Michele Hoffman-Attaway address- ed the Council relative to the appoint- ment. Vote on the vacancies was as follows: Council Member Beurskens voted for Attaway, Stribling, Riesselman, Mayor Brady voted for Attoway, O'Rourke, Stribling, Council Member Deich voted for Bakke, At- taway, Stribling, Council Member Hummel voted for Bakke, Attaway, Stribling, Council Member Klauer voted for Ballke, Attaway, Strlbling, Council Member Kronfeldt voted for Bakke, Attaway, Stribling. Therefore, Rod Bakke, Michele Hoffman-Attaway, appointed and Donald W. Stribling reappointed to the TV Cable Tele,Programming Com- mission for three year terms which will expire 6-80-85. RESOLUTION NO. 171-82 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City Special Session, June 21, 1982 238 of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. A & B Tavern 2600 Central Ave. Albert's IOCO 3200 Central Ave. Aragon Tap 1103 Iowa St. Astgen's Foods LTD 1101 Rhomberg Ave. The Bar 1322 Central Barney's Inn 1801 Rhomberg Baum Shelter Tavern 500 Rhomberg Betty & Nick's Tap 342 8th Ave. Bridge Restaurant & Lounge 31 Locust Buddy's Lounge 258 Main St. Busy Bee Cafe 1958 Central Central Tap 1046 Central Crane Enterprises, Inc. Asbury Square Copper Kettle 2987 Jackson Dave's Point After 2600 Dodge St. Donovan's Food Mkt. 1876 Central Donut Boy 1646 Asbury Dougher ty's United 229 8th St. Dubuque Bowling Lanes 1029¼ Main St Dubuque Golf & Country Club 1800 Randall Dubuque Sales and Service 2612 Dodge St. Dubuque Zephyr 55 John F. Kennedy E1 Toro Lounge 1445 Central Fenelon Finer Foods, Inc. 3130 Jackson Ken's Union "76" 2480 University Grand Tap 802 Central Grandview Drug 486 N. Grandview Happy Hour 55 Locust Holiday Oil Dis. Inc. (Derby) 1685 JFK Holiday Oil Dis. Inc. (Derby) 14th & Central Holiday Oil Dis. Inc. (Derby) 605 Dodge Holiday Oil Dis. Inc. (Derby) 400 Rhomberg KC & S Concessions 4th & Main Lin-Gar Inn 1399 Jackson St. Lorraine's 1900 Tap 1100 Lincoln Mescher and Tench 1233 Rhomberg MiLk House 2311 Windsor Milk House 620 S. Grandview Mister Donut 900 Dodge Monte Carlo Restaurant 378 Main Noonan's Tap 1618 Central Ave. Old Fashion Saloon 1027 Rhomberg Old Shang 1091 Main Paul's Tap 176 Locust Perkins 3500 Dodge Pipe Inn Kennedy Mall Ray's Standard Service 1190 Dodge Regal 8 Inn 2680 Dodge Revco Discount Drug Center #3016 3049 Asbury Revco Discount Drug Center #3020 Warren Plaza Southend Beer Store 139 Locust Sunnycrest Manor 2375 Roosevelt Oky-Doky 1050 University Oky-Doky (7) 3301 Pennsylvania TFM Co. (Oky-Doky - 6) 1256 Iowa St. Oky-Doky Foods (10) 805 W. 5th St. TFM Co. (Oky-Doky - 9) 51 W. 32nd St. University of Dubuque Student Union 2050 University Vern's Fastop DX 3300 Asbury Walgreen Co. 555 J. F. K. Heron, Inc. (Walnut Beer Store & Tap) 709 University The White House Tap 450 W. Locust Hiatt & Schroeder Tap, Inc. (Windsor T.) 2401 Windsor 239 Special Session The Dubuque Building One Dubuque Plaza Dubuque Municipal Airport R.R.2, Highway 61 South Eska Corporation 2400 Kerper Blvd. HH of Dubuque, Inc. (Hoffman House) 3100 Dodge Adam's Shell Service 1081 University American Legion 1306 Delhi The Bait Bucket 2119 Rhomberg Barton's IOCO 1400 White Beanie's Cafe 1400 Central Beidler 66 1122 Dodge St. Bill-On-The-Hill 2205 Carter Bob's '76 Central Service Center 9th & Central Brian's Standard Station 3305 Asbury Bunker Hill Pro Shop Bunker Hill Road Carousel Snack Bar 555 J.F.K. Clancy Tap 201 E. 22nd Clarke College 1550 Clarke Dr. Club House 2364 Washington Coach House Hiway 20 West Cooper Wagon Works 2417 Rhoraberg Dan's Super Standard LTD 351 Dodge Demetri's Restaurant 665 Dodge Denny's Lux Club 3050 Asbury Donut Hut Ltd. 1675 Kennedy Donut Hut #2 2900 Central Donut Hut #3 607 E. 22nd St. Dubuque Mining Co. Kennedy Mall Dunne's Conoco Service Jones and Locust Elk's Club Lodge #297 2699 Kennedy Rd. Fraternal Order of Eagles #568 1175 Century Dr. Godfather's Pizza 1575 Kennedy Rd. 1105 University June21,1982 Hard Times 1401 Elm Hawkeye Inn 925 Century Dr. Holiday Inn Motel 1111 Dodge J. W. Rumphf's 2620 University Jack's Tap 2093 Washington K-Mart Store #4018 2600 Dodge Knights of Columbus 781 Locust Loras College 1450 Alta Vista The Magi 1064 University Marco's Italian & American Food 2022 Central Mario's Italian Rest. & Lounge 1298 Main Marty's Union '76 5th & Locust McCann's Standard 690 W. Locust Merchant's Hotel 304 Main Midway Motor Lodge 3100 Dodge Do Sac Inc. (Molly McGuires) 206 W. 3rd St. Loyal Order of Moose #355 1200 Main St. Moracco Supper Club 1413 Rockdale The Olde German Bank 342 Main Park Square Tavern 600 Central Plaza 20 Foods 2600 Dodge Ponderosa Steak House 2035 Kennedy Rd. Randall's Foodarama 3500 Dodge RandaIl's Foedarama #2 2013 Central Redstone 504 Bluff l~ing's Fine Foods 1185 Dodge Ron~s Barrell Tap 1121 University S.S~ Kresge Store #100 790 Town Clock Plaza Sears-Roebuck Co. 300 S. Locust Shanahan DX 2501 Rhomberg Sirloin Stockade 1895 J.F.K. 1933 fac, (Spatz Malone) 225W. 6th St. Target Store #86 Special Session June 21, 1982 24O Terry's West Side Lounge 1800 Radford Theisen's Store 2900 Dodge 32nd St. DX 32nd & Jackson Town Clock Inn Town Clock Plaza Tri-State Independent Blind Society 1098 Jackson United Auto Workers Local #94 3450 Central Village Inn 1940 J.F.K. West Dubuque Tap 1701 Asbury Woolwor th's Store Kennedy Mall Zayre Snack Bar 255 J.F.K. Kennedy's Tap 3453 Jackson Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer 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 Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 172-82 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 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 Beer Permit. CLASS "B" BEER PERMIT James L. Ferring 385 E. 13th Dennis J. Slowey and Peter J. Oeth 1895 J.F.K. (Also Sunday Sales) Dubuque Art Assoc. 720 Central Pusateri Bros. Inc. 2400 Central CLASS "C" BEER PERMIT Dennis A. Althaus 25 Ruby St. (Also Sunday Sales) Hy-Vee Food Stores, Inc. 3333 Asbury (Also Sunday Sales) Revco Discount Drug Centers of Iowa, Inc. (Also Sunday Sales) Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer 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, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 173-82 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 "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James J. Birkett 55 Locust Fischer & Co., Inc 880 Locust (Also Sunday Sales) Heron, Inc. 709 University Wilfred Kennedy 34th & Jackson Elizabeth Krajnovich 341 W. 8th Kenneth J. Love 802 Central Eugene A. Otting 1689 Elm John L. Savary 827 Dodge Wayne Paul Schollmeyer 176 Locust (Also Sunday Sales) Thomas, Daniel and Janice M. Smith 2417 Rhomberg Melvin A. Spiegelhalter 1029¼ Main CLASS "A" (CLUBt BEER AND LIQUOR LICENSE Dubuque Lodge 355 Loyal Order of Moose(Also Sunday Sales) 12th & Main 241 Special Session, June 21, 1982 Passed, adopted and approved this 21st day of June, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. Printed Council Proceedings for the months of March and April, 1982, presented for approval, presented and read. Council Member Beurskens 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, Klauer, Kluesner. Kronfeldt. Nays--None. MINUTES SUBMITTED: Cable Community Tele-Programming Comm. of 6-1, Community Develop- ment Comm. of 5-26, Dock Comm. of 4-28, 5-12, 5~26, and 6-4, Five Flags Comm. of 5-24, Historic Preservation Comm. of 5-18, Housing Comm. of 6-1 Park and Recreation Comm. of 5-24 Public Library of 6-4. Transit Board Earnings Statement & Statistics for month of May, Zoning Board of Ad- justment of 5-20, presented and read. Council Member Beurskens moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem* bets Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Helen A. Callahan in unknown amount for per- sonal injuries, Karl E. Miller in amount of $20,000 for personal proper- ty damages; Rebecca Ann Pfohl, a minor, by Judy Pfohl, her mother, in unknown amount for personal injuries; Michael J. Remakal in amt. of $35.75 for auto damages, presented and read. Council Member Beurskens moved that the claims be referred to the Cor- poratinn Counsel for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recommending denial of car damage claim of Harold G. Leitner, presented and read. Council Member Beurskens moved that the communication be received and filed and denial approved. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recommending settlement of tire damage claim of Lois A. Shetlar, in amount of $40.50, presented and read. Council Member Beurskens moved that the communicatinn be received and filed and settlement approved and Finance Director to issue proper check. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner~ Kronfeldt. Nays--None. Communication of Sandra J. Plumley submitting comments and suggestions to help keep unemployed people busy i~ the City, pr6sented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, K~uesner, Kronfeldt. Nays~None. Communication of Mrs. Ralph B. Tritsch submitting comments regar- ding Group W Policy Regulations, Council Member Beurskens moved 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, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Jaycees requesting per- mission to hold fireworks display on Special Session, June 21, 1982 242 July 4th at Vets Park, presented and read. Council Member Beurskens moved that the petition be received and filed and request approved, subject to coor- dinatinn by the City Manager. Second- ed by Council Member Hammel. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Mark Schup- pener submitting comments regarding improvements at Municipal Airport, 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, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Terry Hudik, President of American Central Airlines, commenting on problems at the Airport, 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, Klauer, Kluesner, Kronfeldt. Nays--None. SPECIAL ELECTION June 8, 1982 City of Dubuque, Iowa State of Iowa ) Dubuque County) ss We, the undersigned members of the Board of Supervisors, acting as a Board of Canvassers for the County of Dubuque, do hereby certify that on June 8, 1982, a Special Election was held on the following Public Measure, and the following is a correct abstract of votes cast. (A) SHALL THE FOLLOWING PUBLIC MEASURE BE ACCEPTED? "Shah the City of Dubuque, Iowa, establish a Capital Improvement Reserve Fund and levy taxes at a rate not to exceed 67V2 cents per thousand dollars of taxable value each year (total amount of such taxes not to exceed $165,000 per year) for a period not to exceed five years for the purpose of construct- lng an outdoor park and recreation complex on City Island?" Precinct Yes No Total 1st 346 151 497 2nd 311 119 430 3rd 208 88 296 4th 161 68 229 5th 202 59 261 6th 215 87 302 7th 111 50 161 8th 197 82 279 9th 139 59 198 10th 374 162 536 11th 312 114 426 12th 279 146 425 13th 200 152 352 14th 301 150 451 15th 277 130 407 16th 223 129 352 17th 284 139 423 18th 254 134 388 19th 274 182 456 20th 245 124 369 21st 268 156 424 22nd 282 145 427 23rd 213 85 298 24th 197 91 288 Absentee 321 174 495 TOTAL 6194 2976 9170 Dated this 14th day of June, 1982. Lloyd Hayes Chairman Wilfred Bahl Member Donna Smith ~TTEST: Member Terrence J. Hirsch County Auditor and Commissioner of Elections Council Member Beurskens moved that this communication from the Dubuque County Board of Super- visors certifying the canvass of the Special Election conducted on June 8, 1982 for the Park and Recreation Com- )lex, be received and filed and made a matter of record. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klav~r, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting reports of Finance Direc- tor and City Treasurer for month of May, 1982, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- 243 Special Sessior June 21, 1982 bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Roger Ricke et al (9 signers) requesting City Assistance to repair and eliminate the road and sidewalk washout problems being perienced in the Orchard Hills Subdivi- sion, presented and read. Council Member Beurskens moved that the petition be referred to the City Manager for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer. Kluesner, Kronfeldt. Nays--None. A1 Polsean. 3515 Crescent Ridge, stressed objection to the hiring of con- sultant(s). Gary Grime, requested direction as to possible police harass- There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved_ __1982 Adopted _ __1982 Mayor Council Members ATTEST: City Clerk Special Session, June 28, 1982 CITY Fg NCIL1 Special Session, June 28, 1982. Council Met at 5:00 P.M.. Council Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Counsel Harley F. Stark, Jr. Absent--Council Member Kluesner. Absent At Roll Call--Council Member Klauer. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider entering in- to an Agreement for a Pay Classifica- tion Study and acting upon such other business which may properly come before the Council. Communication of City Manager recommending to enter into an Agree- merit for Pay Classification Study and authorizing Mayor to execute (with Yarger & Associates, Inc. in an amount not to exceed $14,000), presented and read. Council Member Klauer entered the Council Chambers at 5:08 P.M. After discussion, Council Member Kronfeldt moved that the commuhica- tion be received and filed and Agree- ment be approved and Mayor authorized to execute. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--Mayor Brady. Absent--Council Member Kluesner. Communication of Corporation Counsel concerning permanent ap- pointment or discharge or Harley F. Stark, Jr., presented and read. Discussion ensued relative to the above, Council Member Delch moved that the contract be approved as submit- ted. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer. Nays--Council Members Hammel, Kronfeldt. Absent--Council Member Kluesner. Council Member Hammel stated he wished the record to show that he did not feel they hi~ed the most qualified 244 applicant. Communication of City Manager submitting FY '83 Agreement with Lyle Sumek for Leadership Training and requesting authorization for Mayor to execute (tabled from Meeting of June 21, 1982), presented and read. Council Member Kronfeldt moved to ~ccept Lyle Sumek for Leadership Training in an amount to be determin- ed. Seconded by Council Member Deich. Vote on the motion was as follows: Yeas--Council Members Deich, Kronfeldt. Nays--Mayor Brady, Council Mem- bers Beurskens, Hammel. Klauer. Absent--Council Member Kluesner. MOTION FAILED TO PASS. Council Member Beurskens moved to approve the contract with Lyle Sumek in the maximum amount of $15,000. Seconded by Council Member Kronfeldt. Vote on the motion was as follows: Yeas--Council Member Beurskens, ~ronfeldt. Nays--Mayor Brady, Council Mem- bers Deich, Hammel, Klauer. Absent--Council Member Khiesner. MOTION FAILED TO PASS. Council Member Deich moved to ap- prove the Contract as presented. MO- TION DIED FOR LACK OF A SE- COND. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Hammel. Carried by the following voto: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Council Member Kluesner. Mary A. Davis City Clerk Approved _1982 Adopted ~1982 Mayor 245 SpecialSession Council Members ATTEST: City Clerk June 28, 1982 Regular Session, July 5, 1982 CITY COUNCIL OFFICIAL Regular Session, July 5, 1982. Council Met at 7:30 p.m., Council Chambers, City Hall. No Members of Council being pre- sent, the Meeting was adjourned sub- ject to call. Mary A. Davis City Clerk Approved 1982 Adopted .1982 Mayor Council Members ATTEST: City Clerk 246