1982 September Council Proceedings336
Communication of Army Corps of
Engineers advising of Public Hearing
to be held on September 15th at the
Julien Motor Inn regarding work in
conjunction with the construction of
wing dike and construction of closing
dike on the left descending bank of the
Mississippi River near Cassvllle, WI,
presented and read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Notice of Army Corps of Engineers
advising of proposal to authorize in-
dividual activities under a general per-
mit for the construction of boa; docks
on the Mississippi River, presented
and read.
Council Member Hummel moved
that the Notice be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting monthly reports of
Finance Director and City Treasurer
for month of July, 1982, presented and
read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer, Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Al Polsean, 3515 Crescent Ridge,
jetted to zoning matters and heavy
truck traffic. Jay Powers expressed
appreciation for consideration given
by council.
There being no further business
Council Member Beurskens moved to
adjourn. Seconded by CounCil Member
Eronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
SpecialSession, Au ust 23,1982
Approved
Adopted
ATTEST:
Mayor
Council Members
City Clerk
1982
1982
Regular Session, September 6, 1982
CITY COUNCIL
OFFICIAL
Regular Session, September 6, 1982.
Council Met at 7:30 p.m., Council
Chambers, City Hall.
No Members of the Council being
present, the meeting was adjourned
subject to call.
Mary A. Davis
City Clerk
Approved ~1982
Adopted 1982
Mayor
Council Members
ATTEST:
City Clerk
337
338 Adjourned Regular Session, September 7, 1982
CITY COUNCIL
OFFICIAL
Adjourned Regular Session.
September 7, 1982.
Council Met at 7:30 p.m., Council
Chambers, City Hall.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cot-
potation Counsel Harley F. Stark, Jr.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the Ad-
journed Regular Session of September
6~ 1982 called for the purpose to act
upon such business which may proper-
ly come before the Council.
Invocatinn was given by Father
Gregory Einck of St. ColumbkilIe's
Church.
Mayor Brady swore in Council
Member Loras Kluesner as Mayor
Pro-Tern.
Proclamations: September 7th as
"National Cancer Day"; Week of
September 6 thru 11th as "Union
Label Week" received by Walter
Pregier.
Councll Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if tbey so
desire. Seconded by Councfl Member
HammeL Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Khiesner, Kronfeldt.
Nays--None.
Proof of publicatinn, certified to by
the Publisher, on Notice of Public
Hearing to consider Ordinance rezon-
lng property at 2637 Windsor Ave.
from R-3 Multi-Family Residential to
C~i Commercial, presented and read.
There were no written objections
received and no oral objectors present
at thc time set for the Hearing.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 50-82
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR
DINANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
lNG APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA" BY RECLASSIFYING PRO-
PERTY AT 2637 WINDSOR AVE.
FROM R-3 MULTI-FAMILY
RESIDENTIAL DISTRICT
CLASSIFICATION TO C-1 COM-
MERCIAL DISTRICT
CLASSIFICATION, said Ordinance
having been presented and read at the
Council Meeting of Aug. 16. 1982,
presented for ritual adoption.
ORDINANCE NO. 50-82
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, PROVID-
ING THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY AT 2637 WINDSOR
AVENUE FROM R-3 MULTI-
FAMILY RESIDENTIAL DIS-
TRICT CLASSIFICATION TO C-1
COMMERCIAL DISTRICT CLAS-
SIFICATION.
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", to reclassify
hereinafter described property from
"R-3 Multi-Family Residential Dis-
trict" classification to "C-1 Commer-
cial District" classLacation, to wit:
Lot 5 of the Subdivision of Lot I of
Lot 5 of the Subdivision of Lots 11,
12, and 13 of Northeast One Quarter
of Section 13, Township 89 North,
Range 2 East of Fifth Principal
Meridian, all in the City of Dubuque,
Iowa.
Section 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, APPROVED AND
ADOPTED this 7th day of September,
1982.
James E. Brady
MAYOR
Adjourned ]Regular Session, September 7, 1982 339
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 13th day of
September, 1982.
Mary A. Davis
City Clerk
it 9/13
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing for intention to issue Health
Care Revenue Bonds (Martin Luther
Home Project) in an amount not to ex-
ceed $2,000.000, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Kluesner moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 237-82
Resolution to Proceed with the Is
suance and Sale of Health Care
Revenue Bonds Series 1982 (Martin
Luther Home Project) in an Aggregate
Principal Amount Not to Exceed
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incor-
porated municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1981,
as amended (the "Act") to issue
revenue bonds for the purpose of
financing the cost of acquiring, by con-
structinn or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for use as
health care facilities or any housing
unit or complex for the elderly or han-
dicapped, and
WHEREAS, the Issuer has made
the necessary arrangements with Mar-
tin Luther Home (the "Company"), an
Iowa non-profit corporation, for its ac-
quisitinn by construction or purchase
of buildings, equipment and im-
provements suitable for use in the ex-
pansion of the Company's existing
health care facility and for a housing
complex for the elderly (the "Project")
to be located within the Issuer which
will provide additional health care and
medical care services for the in-
habitants of the Issuer, and other
public benefits flowing therefrom; and
WHEREAS, it is proposed to
finance the cost of the Project through
the issuance of Health Care Revenue
Bonds, Series 1982 (Martin Luther
Home Project) of the Issuer in an ag-
gregate principal amount not to ex-
ceed $2,000,000 (the "Bonds") and to
loan said amount to the Company
under a Loan Agreement between the
Issuer and the Company, the obliga-
tion of which will be sufficient to pay
the principal of the interest and
redemption premium, if any, on the
Bonds, as and when the same shall be
due; and
WHEREAS, notice of intention to
issue the Bonds has, as directed by the
City Council of the Issuer, been duly
given in compliance with the Act; and
WHEREAS, a public hearing has
been held on the proposal to issue the
Bonds at the fime and place as
specified in said notice and ali objec-
tions or other comments relating to
the issuance of the Bonds have been
heard;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
Issuer, as follows:
Section 1. It is hereby determined it
is necessary and advisable that the
Issuer proceed with the issuance and
sale of the bonds as authorized and
permitted by the Act to finance the
cost of the Project, and such aetlons
will be taken by the Issuer as may be
required pursuant to the provisions of
the Act to authorize, issue and sell the
Bonds.
Section 2. The Issuer will enter into
all agreements necessary to be entered
into by the Issuer in connection with
the issuance and sale of the bonds. The
City Attorney shah approve all
agreements to be entered into in con-
nection with the issuance of the Bonds
and such agreements shall be authoriz-
ed and approved by the C~ty Council of
the Issuer after due consideration prior
to their execution by the Issuer.
Section 3. The Mayor, the City Clerk
340 Adjourned Regular Session, Se
and the City Attorney are hereby
authorized and directed to do any and
all things deemed necessary in order to
effect the accomplishment of the Pro-
jeer and the issuance and sale of the
Bonds.
Section 4. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. This Resolution shall
become effective immediately upon its
passage and approval
Passed and approved this 7th day of
September, 1982.
James 1~. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk (Seal)
Council Member Khiesner moved
adoption of the Resolution, Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel
KIauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to b~
the Publisher, on Notice of Publi~
Hearing for intention to issue Clluic
Revenue Bonds (Mercy Clinic Project)
in amount not to exceed $6,000,000.00,
presented and read.
There were no written objections
received.
Edna Thompson, 1669 Washington,
requested information as to how this
project would affect Finley Hospital
and stated that as an employee oi
Mercy, Council Member Beurskens
should be removed from voting on this
matter.
Council Member Hammel moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Council Members Deich
Hammel, Kiauer, Kronfeldt.
Nays--Mayor Brady, Council Mem
ber Kluesner.
Abstain--Council Member Beur-
skens.
RESOLUTION NO. 238-82
Resolution to Proceed with the Is-
suance and Sale of Clinic Revenue
Bonds, Series 1982 (Mercy Clinic Pro.
ject) in an Aggregate Principal
Amount Not to Exceed $6,000,000.
WHEREAS, the City of Dubuque~
Iowa, in the County of Dubuque, State
~tember 7,1982
of Iowa (the "Issuer"), is an incor-
porated municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1981,
as amended (the "Act") to issue
revenue bonds for the purpose of
financing the cost of acquiring, by con-
structlon or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for use as
voluntary nonprofit hospital or clinic;
and
WHEREAS, the Issuer has made
the necessary arrangements with The
}raham Group for its acquisition by
construction or purchase of land,
buildings, equipment and ira-
~rovements, or any interest therein
(the "Project") to be located within the
Issuer, to be leased to physicians'
groups and other ancillary health set-
vice professions and providers, which
will provide additional health care ser-
vices for the inhabitants of the Issuer,
and other public benefits flowing
therefrom; and
WHEREAS, it is proposed to
finance the cost of the Project through
the issuance of Clinic Revenue Bonds,
Series 1982 (Mercy Clinic Project) of
the Issuer in an aggregate principal
amount not to exceed $6,000,000 (the
"Bonds") and to loan said amount to a
limited partnership in which The
Graham Group is the general partner
or a corporation controlled by The
Graham Group (the "Company")
under a Loan Agreement between the
Issuer and the Company, the obliga-
tion of which will be sufficient to pay
the principal of and interest and
redemption premium, if any, on the
Bonds, as and when the same shall be
due; and
WHEREAS, notice of intention to
issue the Bonds has, as directed by the
City Council of the Issuer, been duly
given in compliance with the Act; and
WHEREAS, a public hearing has
been held on the proposal to issue the
Bonds at the time and place as
specified in said notice and all objec-
tions or other comments relating to
the issuance of the Bonds have been
heard;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
Issuer, as follows:
Section 1. It is hereby determined it
is necessary and advisable that the
Issuer proceed with the issuance and
sale of the Bonds as authorized and
permitted by th~ Act to finance the
Adjourned Re
cost of the Projec~ and such actions
will be taken by the lssuer as may be
required pursuant to the provisions of
the Act to authorize, issue and sell the
Bonds.
Section 2. The Issuer will enter into
all agreements necessary to be entered
into by the Issuer in connection with
the issuance and sale of the Bonds.
The City Attorney shall approve all
agreements to be entered into in con-
nection with the issuance of the Bonds
and such agreements shall be authoriz~
ed and approvsd by the City Councilor
the Issuer aft~r due consideration prior
to their execution by the Issuer.
Section 3. The Mayor, the City Clerk
and tbs City Attorney are hereby
authorized and directed to do any and
all things deemed necessary in order to
effect the accomplishment of the Pro-
ject and the issuance and sale of the
Bonds.
Section 4. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. This Resolution shall
become effective immediately upon its
passage and approval
Passed and approved this 7th day of
September, 1982.
James E, Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Haramel moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Council Members Deich,
Hammel, Klauer, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bet Kluesner.
Abstain--Council Member Beur-
skens.
Council Member Deich moved to
table Item #1 on the Agenda until
after the disposition of Agenda Item
#2. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
Petition of Telegraph Herald re-
questing Council adopt a Resolution
officially designating the new bridge
as the "Fr. Mazzuchelii Bridge"; Peti-
tion of Fr. Wilkie requesting to ad-
dress the Council relating to the nam-
ing of the newly opened highway
bridge; Communications of Pat
Richardson and James Richardson ex-
pressing support for naming the new
bridge in honor of Fr. Mazzucheli~
presented and read.
John "Jac" Tilton, Promotion Direc
tor of the T-H, stated they had a con-
ular Session, September 7, 1982 341
test with the intent to let people in the
area got a chance to vote on a name for
the new bridge.
Father Wm. Wlikie, representing a
group of citizens, requested Council
consider the name "Mazzuchelli" and
presented a picture of the view of the
city/bridge/river taken from his view-
point at Loras.
Bert Vogel, 805 Euclid St., Sister M.
Nona McGreal, O.P., Raymond Swift
of Benton, Wisconsin and Doug Hilby,
2276 Woodlawn, spoke in favor of
naming the newly constructed bridge
"Fr. Mazzuchelii Bridge".
Bernadette Hilby, 2276 Woodlawn
and Auleen Eberhardt, stated they
had personal communication with an
Iowa DOT representative, and he
stated that the Council could recom-
mend a name for possible designation.
Mary Hutchcroft, 1210 Rhomberg,
winner of the T-H contest, was of opi-
nion that the City owed something to
Fr. Muzzachelll.
Mayor Brady questioned if the City
had authority to name bridge; of opi-
nlon we do not.
Council Member Harnmel moved
that the petitions and conununicatinns
be received and filed and request
denied. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Petition of Msgr. Sigwarth et al (15
signers) requesting Council adopt an
Ordinance designating City Island as
"Chaplain Schmitt Memorial Island",
presented and read.
Jim Reynolds, Attorney at Law, 440
Summer Dr., representing individuals
listed on the petition, spoke to the
petition stating they have formed a
non-profit group to take care of
Resolution No. 76-80 and requesting
approval of the erection of a marker
bearing the name Schmitt Island as
set out in the detailgd drawings.
Council Member Deich moved that
the petition be received and filed and
referred to the Dock Board and City
Manager. Seconded by Council
Member Kronfeldt.
Council Member Kronfeldt moved to
amend the motion officially
designating Hamm Island as Chaplain
Schmitt Memorial Island. Seconded
by Council Member Hammel. Vote on
the amendment was as renews:
Yeas--Mayor Brady, Council Mem-
bers Hammel, Kronfeldt.
Nays--Council Members Deich,
Klauer, Kluesner, Beurskens.
MOTION FAILED.
Vote on the original motion was as
follows:
Yeas--Mayor Brady, Council Mem-
342 Adjourned Regular Session, S~
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting an ordinance providing for
the installation of a four-way stop at
the intersection of Lincoln Ave. and
Knlest St., presented and read.
Council Member Deich moved that
the communication be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 51-82
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR-
DINANCE, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING SECTION 25-210 SUBSECTION
(b) OF SAID CODE: PROVIDING
THAT THOSE INTERSECTIONS
DESIGNATED ARE HEREBY
DECLARED TO BE "STOP IN-
TERSECTIONS'' FOR ALL PUR-
POSES OF THIS SECTION. VEHI-
CLE BOUND IN THE DIRECTION
INDICATED MUST STOP BEFORE
ENTERING THE DESIGNATED IN-
TERSECTION, presented and read.
Council Member Deich moved that
this reading be considered the first
reading of the Ordinance. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Deich 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 Kronfeidt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel
Klauer, Kluesner, Kronfeidt.
Nays--None.
ORDINANCE NO. 51-82
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING SECTION 25.210 SUBSECTION
(b) OF SAID CODE: PROVIDING
,tember 7, 1982
THAT THOSE INTERSECTIONS
DESIGNATED ARE HEREBY
DECLARED TO BE "STOP INTER-
SECTIONS" FOR ALL PURPOSES
OF THIS SECTION. VEHICLES
BOUND IN THE DIRECTION
INDICATED MUST STOP BEFORE
ENTERING THE DESIGNATED
INTERSECTION.
NOW, THEREFORE, BE IT
ORDAINED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by adding a new subset-
tion to Section (b) of Section 25-210 to
read as follows:
Section 25-210
(b) Those intersections designated are
hereby declared to be "Stop Intersec-
tions'' for all purposes of this section.
Vehicles bound in the direction indi-
cared must stop before entering the
designated intersection.
EASTBOUND AND WEST-
BOUND
Lincoln Avenue and Kniest Street
Section 2. That all Ordinances in con-
fiict with this Ordinance be and they
are hereby repealed.
PASSED, APPROVED AND
ADOPTED this 7th day of September,
1982.
James E. Brady
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 13th day of
September, 1982.
Mary A. Davis
It 9/13 City Clerk
Council Member Deich moved final
adoption of the Ordinance. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delnh, Hammel,
Klauer, Khiesner, Kronfeidt,
Nays--None.
Communication of City Manager re
questing acceptance of Warranty
Deed for parcel of property acquired
for the East 11th Street Project,
presented and read.
COUncil Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner,,Kronfeldt.
Nays--None.
Adjourned Re
RESOLUTION NO. 239-82
WHEREAS, the City of Dubuque,
Iowa, has acquired the real estate
hereinafter described from Sunny, In-
corporated; and
WHEREAS, said persons have
delivered Warranty Deed conveying
real estate to the City of Dubuque,
Iowa, described as: Lot 2 of City Lot
269 in the City of Dubuque, Iowa; and
WHEREAS, said delivery of Deed,
dated June 30, 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, I0wa:
Section 1. That the delivery ora Wa~
ranty Deed by Sunny, Incorporated,
dated June 30, 1982, conveying to the
City of Dubuque, Iowa, the
hereinabove described real estate, be
and the same i~ hereby accepted,
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause sc~id 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
tiffed copy of the Resolution to the
Dubuque City Assessor and the Dubu-
que County Auditon
Passed, adopted and approved this
7th day oI September, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Delch, Hammel
Klauer, Khiesner, Kronfeidt.
Nays--None.
Communicatlnn oI City Manager
submitting Ordinance providing for
correction of Ordinance No. 40-82 by
replacing proper Section of the Code
presented and read.
Council Member Klauer moved tha
the communication be received and
filed. Seconded by Council Member
Kronfeidt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
ular Session, September 7, 1982 343
bets Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 52-82
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, REPEALING
ORDINANCE NO. 40-82, AND PRO.
VIDING THAT THE CODE OF OR-
DINANCES OF THE CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING SECTION 25-183,
SUBSECTION (3) AND SUBSEC-
TION (4) OF SAID CODE: PRO-
VIDING UPON THOSE STREETS
AND PARTS OF STREETS AND IN
ALLEYS DESIGNATED AS ONE-
WAY STREETS AND
SIGNPOSTED FOR ONE-WAY
TRAFFIC, VEHICLES SHALL BE
DRIVEN ONLY IN THE DIREC-
TION DESIGNATED, presented and
read.
Council Member Klauer moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Kronfeidt. Car-
tied by the following vgte:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeidt.
Nays--None.
Council Member Klauer 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 Kronfeidt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 52-82
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, REPEALING
ORDINANCE NO. 40-82, AND PRO-
VII)lNG THAT THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING SECTION 25-183,
SUBSECTION (3) AND SUBSEC-
TION (4) OF SAID CODE: PROVID-
lNG UPON THOSE STREETS AND
PARTS OF STREETS AND IN
ALLEYS DESIGNATED AS ONE-
WAY STREETS AND SIGN-
POSTED FOR ONE-WAY TRAFFIC,
VEHICLES SHALL BE DRIVEN
ONLY IN THE DIRECTION
DESIGNATED.
WHEREAS, Ordinance No. 40-82
incorrectly describes the Section of the
City Cede of Ordinance~ relating to
344 Adjourned Regular Session, Se
one-way streets as Section 25-182; and
WHEREAS, the correct Section of
the City Code of Ordinances relating
to one-way streets is Section 25-183.
NOW, THEREFORE, BE
ORDAINED by the City Council of
the City of Dubuque, Iowa:
Section 1. That Ordinance No. 40-82
be and is hereby repealed.
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by adding a new Subsec-
tlon to Subsection 3 of Section 25-183
to read as follows:
Section 25-183. Upon those streets
and parts of streets and in those alleys
designated ~s one-way streets and sign-
posted for one-way traffic, vehicles
shall be driven only in the direction
designated.
(3) Westerly Traffic shall move
westerly only:
On Eleventh Street, East, from
Kerper Boulevard to Central Ave-
hue.
Section 3. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising the Subsection
on Ninth Street in Subsection 4 of
Section 25-183 to read as follows:
Section 25-183. Upon those streets
and parts of streets and in those alleys
designated as one-way streets and sign-
posted for one-way traffic, vehicles
shall be driven only in the direction
designated.
(4) Easterly. Traffic shall move east-
erly only:
On Ninth Street, West, from Locust
Street to Central Avenue.
On Ninth Street, East, from Central
Avenue to Kerper Boulevard.
Section 4. That all Ordinances in
conflict with this Ordinance be and
they are hereby repealed.
PASSED, APPROVED AND
ADOPTED this 7th day of September,
1982.
James E. Brady
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Hernid newspaper this 13th day of
September, 1982.
Mary A. Davis
City Clerk
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel
~tember 7, 1982
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Fiscal Year 1982 Street
Finance Report, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
RESOLUTION NO. 240-82
Resolution Approving the City of
Dubuque, Fiscal Year 1982, Street
Finance Report
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa:
Section L That the Street Finance
Report, for the period July 1, 1981, to
June 30, 1982, be and the same is
hereby approved, and that the City
Clerk is hereby authorized and
directed to file said report with the
lows Department of Transportation~
on or before September 10, 1982.
Passed, adopted and approved this
7th day of September, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Resolution authorizing
publication of the Environmental Fin-
ding for the UDAG FDL Foods, Inc.,
Project, presented and read.
Council Member Hummel 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, Khiesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 242-82
A Resolution Authorizing Publication
of Notice of Environmental Review
Findings Ior Certain Community
Adjourned Regular Session, September 7, 1982 345
Development Block Grant Project
WHEREAS, Pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Ur-
ban Development, environmental
review has been processed for the pro-
ject hereinafter to be described to be
financed with Urban Development Ac-
tion Grant funds; and
WHEREAS, an Ad Hoc Eh-
vlronmental Review Committee has,
after due consideration, made a deter-
ruination that the project is not a ma-
jor Federal action significantly affec-
ting the quality of the human environ-
ment;
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 Environment
for the following identified project, and
to make the Environmental Review
Record for said project available for
public inspeetion~ Such notice shall be
in the form of Exhibit "A" hereto at-
tached and made a part hereof
FDL FOODS, INC.
URBAN DEVELOPMENT ACTION
GRANT PROJECT
Passed, adopted and approved this
7th day of September, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re
questing Mayor be authorized to ex-
ecute application for additional units
in the Section 8 Moderate Rehabilita-
tion Program, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens.. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 241-82
Authorizing Mayor to Execute Ap-
plication for Additional 50 Units of
Section 8 Moderate Rehabilitation
Housing and Approval of Amendment
of Housing Assistance Plan
WHEREAS, the City of Dubuque
functions as a Public Housing Agency
authorized by provisions of Chapter
403A of the 1966 Code of Iowa, as
amended; and
WHEREAS, the City of Dubuque
and the United States Department of
Housing and Urban Development
have approved a Housing Assistance
Plan for 1979-82 which calls for
development of additional Section 8
Moderate Rehabilitation units; and,
WHEREAS, the United States
Department of Housing and Urban
Development has urged the City of
Dubuque to file an application for up
to 50 Section 8 Moderate Rehabilita-
tion units as soon as possible, but no
later than September 15, 1982; and
WHEREAS, the 1982 City of Dubu-
que Housing Strategy recommends ex-
pansion of the Section 8 Moderate
Rehabifitation Program in Dubuque
because the Program is "especially
well suited to alleviate problems of ob-
solescense and deferred maintenance
in Dubuque's rental housing stock;"
and,
WHEREAS, the Housing
Assistance Plan requires amendment
in order to comply with said Housing
Strategy and to permit application for
additional Section 8 Moderate
Rehabilitation Units in excess of the
residual goals allowed by the Plan;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council ap-
proves the submission of an applies-
tion for 50 additional units of Section 8
Moderate Rehabilitation Housing.
Section 2. That the City Council
directs the Mayor to execute the ap-
plication for 50 additional Section 8
Moderate Rehabilitation units.
Section 3. That the City of Dubuque
Housing Commission is directed to
provide a public notice of and conduct
a public hearing regarding this appli-
cation at their next regular meeting
346 Adjourned Regular Session,
and report the results to the City Coun-
cil
Section 4. That the Director of Com-
munity Development is directed to tot-
ward said application to the U.S.
Department of Housing and Urban
Development on or before September
15, 1982.
Section 5. That the City Council
directs that the Rental Assistance Pow
tion of the Housing Assistance Plan be
revised to transfer New Construction
Goals to the Rehabilitation and Ex-
isting Housing Sections in compliance
with the 1982 Housing Strategy.
Section 6. That the Director of Com-
munity Development is directed to
submit the amended Housing
Assistance Plan to the U.S. Depart-
ment of Housing and Urban Develop-
ment and schedule Public Hearings on
the amendment in accordance with the
Community Development Block Grant
Citizen Participation Plan.
Passed, adopted and approved this
7th day of September, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deinh, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication 0f City Manage'
submitting a Resolution providing for
certifying delinquent sewer accounts
to the County Treasurer, presented
and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deinh, Hammel
Klauer, Kluesner, Kronfeidt.
Nays--None.
RESOLUTION NO. 243-82
Resolution Authorizing the Cnllectlm
of Delinquent Sewer Accounts in Ac- I
cordance with Sections 36-55 and 36-59 [
of the Code oI Ordinances of the City I
of Dubuque, Iowa [
WHEREAS, Section 36-55 of the~
Code of Ordinances authorizes the!
City to levy and collect just and equit-I
~tember 7, 1982
able charges, rates or rentals upon all
lots, parcels of real estate and
buildings that are connected directly
or indirectly with the sanitary sewer
system, and
WHEREAS, Section 36-59 of the
Code of Ordinances provides that the
City shall have a lien upon the real pro-
perty served by the sanitary system
for all delinquent rates and charges,
and
WHEREAS, said delinquent sewer
charges shall be certified by the City
Clerk to the County Treasurer, and
same shall then be collected with, and
in the same manner as, general proper-
ty taxes,
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the person named
hereinafter, owning the following
described property, has unpaid
charges in the amount set out, and that
said charges are delinquent.
Mary G. Corel~ 1460 Miller Road
(Owner) Lot 1.1-1-2-1-1-1-1-1-1-1 Mineral
Lot 499 (6-1&l-18) $208.61
Section 2. That the City Clerk be and
is hereby ordered and directed to ce~
tify to the County Treasurer of Dubu-
que County, Iowa, that the person
named herein is delinquent in the pay-
ment of sewer charges in the amount
set aside of the name, and that said
delinquent sewer charges shall be col-
lectod in the same manner as general
property taxes against the parcel of
property set opposite the name of the
property owner.
Section 3. That the delinquent sewer
charges be and the same shall be col-
lected with, and in the same manner
as, general property taxes as is provid-
ed by law.
Passed, adopted and approved this
7th day of September, 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.
Adjourned Re
Boards and Commissions: Michele
Hoffman-Attaway submlttmg resigna-
tion from Cable Teleprogramming
Commission; David J. Arnold submit-
ting resignation from TV Regulatory
Commission and requesting appoint-
ment to the Tele-Programming Com-
mission; Ann Smith submitting
resignation from Civil Service Com-
mission effective September 30, 1982,'
presented and read.
Council Member Klauer moved that
the resignations be accepted with
regret. Seconded by Council Member
Beurskens. Carried by the following
vote~
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Business Licenses: Clarke College re-
questing transfer of Beer Permit to
their Parking Lot on September llth,
presented and read.
Council Member Deich moved ap-
proval of the transfer. 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. 244-82
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
Happy's Place, Inc. 2323 Rockdale
(Also Sunday Sales)
Tom H. Wilcox 1604 Central
(Sunday Sales Only)
Zella E. Mangeno 1322 Central
(Sunday Sales Only)
Roger M. Beck 2776 Jackson
(Also Sunday Sales)
Passed, adopted acqd approved this
ular Session, September 7, 1982 347
7th day of September, 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-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Minutes Submitted: Airport Comm.
of 8-17; Five Flags Conm~. of 8-16;
Historic Pres. Comm. of 8-24; Human
Rights activities for month of July;
Park and Rec. Comm. of 7-12 and 8-16;
Transit Bd. Earnings Statement for
month of July, 1982; Civil Service
Comm. of 6-9, 7-6 and 8-24; Housing
Comm. of 8-17; presented and read.
Council Member Kronfeldt moved
that the minutes be received and flied.
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 Board of
Trustees submitting their financial
reports of the City of Dubuque Fire
Pension Fund and the Fire Retirement
System and Police Pension Fund and
Po]ice Retirement System for the year
ending June 30, 1982, presented and
read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
mg vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Phone A Friend, Inc., submitting
their Annual Report for year ending
June 30, 1982, presented and read.
Council Member Kronfoldt moved
that the Report be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kkiesner, Kronfeldt.
Nays--None.
Fire Dept. submitting their Annual
Report for Fiscal Year 1982, presented
and read.
348 Adjourned Regular Session,
Council Member Kronfeldt moved
that the Report be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kinesner, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS: Wm. Gart
her vs. Deere & Co., City of Dubuque
et al, for personal injuries in amt. of
$1,250,000 and additional cost; Elmer
P: Peterson (on behalf of son, Chris-
tian) in amt. of $78.40 for personal in-
juries; Charles J. Smith, in the amt. of
$1,507.81 for car damages and per-
sonallnjuries; Robert J. Russell, in the
amt, of $1,500,000.00 due to construc-
tion negligence; Judy A. Garner in
unknown amt. for personal injuries;
presented and read.
Council Member Kronfeldt moved
that the claims and suits be referred to
the Corporation Counsel for investiga-
tion and report. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending settlement of
auto damage claim of Allan Jones in
the amt. of $50, presented and read.
Council Member Kronfeldt moved
that the settlement be approved and
Finance Director to issue proper
check. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskons, Deinh, Hamme]
Klauer, Klaesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending denial of auto
damages claim of Mark Allan Schmer-
bach, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed and denial approved. Second-
ed by Council Member Klauer. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Filing of
the final plat and schedule of assess-
ment for the construction of the Cres-
cent Ridge Sanitary Sewer Project,
presented and read.
,tember 7, 1982
Council Member Kronfeldt moved
that the proof of publication be recelv-
ed and filed. Seconded by Council
Member Klauer. Carried by the Iollow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Certificate of City Clerk advising
final levy notices were sent by Cer-
till. ed Mail to known property owners
regarding the assessment of the Cres-
cent Ridge Sanitary Sewer, presented
and read.
Council Member Kronfeldt moved
that the certificate be received and
filed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel submitting comments regar-
ding street assessment for the Dubu-
que Golf and Country Club, presented
and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskons, Deich, Hammel,
Kloner, Kluesner, Kronfeldt.
Nays--None.
Proof of Publication, certified to by
the Publisher, of various Notices
regarding the A.Y. McDonald
Co. - Notice of Intent to Release Funds
for Construction Project; Notice of
Finding of No Significant Effect on
the Environment for Land Acquisition
Project; Notice of Intent to file r~-
quest for release of Block Grant Funds
for Land Acquisition Project,
presented and read.
Council Member Kronfeldt moved
that the proof of publication be receiv-
ed and flied. Seconded by Council
Member Kinuer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mom-
bets Beurskens, Deich, Hammel,
Kinuer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, of List of Claims and
Receipts for the month of July, 1982,
presented and read.
Council Member Kronfeldt moved
Adjourned Re
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Wm. (Tony) Urbain re
questing refund of $422.50 on unex-
pired Liquor License (The Tunnel,
2186 Central Ave.), presented and
read.
Council Member Kronfeldt moved
that the refund be approved and
Finance Director directed to issue pro-
per check. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel
Klauer, Kinesner, Kronfeldt.
Nays--None.
Civil Aeronautics Bd. advising addi
tional thirty day period for Ozark Air
Lines to furnish service to Ft. Dodge
and Mason City (through Sept. 30,
19824 presented and read.
Council Member Kronfeldt moved
that the Notice be received and filed.
Seconded by Council Member Klauor.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Corps of Engineers advising of per.
mits processed by them for the
discharge of dredged or fill material in-
to the waters of the United States at
specified disposal sites, presented and
read.
Council Member Kronfeldt moved
that the Notice be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskons, Deinh, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Corps of Engineers advising that the
meeting of Sept. 15, 1982, scheduled
for Dubuque, has been cancelled,
presented and read.
Council Member Kronfeldt moved
that the Notice be received and filed.
Seconded by Council Member Klauer.
Carried by the foilowlng vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Klauer~ Kluesner, Kronfeldt.
Nays--None.
ular Session, September 7, 1982 349
Communication of Charles R.
Gilliam objecting to upcoming expen-
diture for a Corridor Study on the pro-
posed Cedar Cross Extension,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
hag vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel.
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Delos Dorweiler re-
questing enforcement of Noise Or-
dinances, presented and read.
Council Member Kronfeldt moved
that the petition be received and filed
and City Manager directed to respond.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kinuer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager in-
forming of incompleted Fiscal Year
1982 Capital Projects which will be
carried forward into Fiscal Year 1983,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Conununication of City Manager
submitting response to petition of
James Gruber for repairs to Brueck
Rd. and advising of action to be taken.
presented and read.
Council Member Kronfetdt moved
that the communication be received
and flied. Seconded by Council
Member Klauer. Carried by the follow~
hag vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
There being no further business,
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
350 Adjourned Regular Sessi°n' Se ~tember 7' 1982
Nays--None.
Mary A. Davis
City Clerk
Approvedp __1982
Adopted _ __1982
Mayor
Council Members
ATTEST:
City Clerk
Special Session, September 13,1982
CITY COUNClLr
OFFICIAL
Special Session, September 13, 1982.
Council Met at 7:30 p.m.,
Auditorium of Public Library.
Present--Mayor Brady, Council
Members Beurskens, Deich, 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 consider a Resolu-
tion authorizing the issuance di
$4,300,000 of Industrial Development l
Revenue Bonds to A.Y. McDonald
Mfg. Co. and approving other
documents relating to the sale of said
bonds, and acting upon such business
which may properly come before the
Council.
Invocation was given by Fr. Mark
A. Ressler of Wahlert High School.
Proclamation: "Trick or Treat
Night" proclaimed for Sunday, Oc-
tober 31, 1982.
Council Member Kinesner moved to
suspend the rules to let anyone pre-
sent address the Council if they should
so desire. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Beurskens.
RESOLUTION NO. 245-82
Resolution Authorizing the Issuance
of $4,300,000 of Industrial Develop-
ment Revenue Bonds (A.Y. McDonald
Mfg. Co. Project) Series 1982 of the
City of Dubuque, Iowa, for the Pur-
pose of Financing the cost oI Acquit-
hag, Constructing and Equipping In-
dustriai Facilities for Use by A.Y.
McDonald Mfg. Co., the Execution
and Delivery of an Indenture of Trust
to Secure Said Bonds, the Execution
and Delivery of a Loan Agreement
with A.Y. McDonald Mfg. Co., and the
Sale of Said Bonds and Related Mat-
ters.
WHEREAS, the City of Dubuque,
in the County of Dubuque. State of
Iowa Ithe "City"), proposes to assist
A.Y. McDonald Mfg. Co., an Iowa cor-
potation Ithe "Company"), in financ-
ing the acquisition, construction and
equipping of industrial facilities (the
"Project"), by issuing its Industrial
351
Development Revenue Bonds (A.Y.
McDonald Mfg Co. Project) Series
1982, in the principal amount of
$4,300,000 (the "Bonds") and lending
the proceeds thereof to the Company
to finance part of the cost of the Pro-
iect, all in accordance with the provi-
sions of Chapter 419 of the Code of
Iowa, 1981, as amended (the "Act");
and
WHEREAS, pursuant to published
notice of intention this City Council
has conducted a public hearing, as re-
qui~ed by Section 419.9 of the Act, and
this City Council deems it necessary
and advisable to proceed with the is-
suance of the Bonds; and
WHEREAS, arrangements have
been comploted for the sale of the
Bonds;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. Authorization of
$4,300,000 Industrial Development
Revenue Bonds. In order to finance
part of the cost of acquiring the pro-
ject, there are hereby authorized to be
issued, sold and delivered $4,300,000
aggregate principal amount of In-
dustrial Development Revenue Bonds
(A.Y. McDonald Mfg. Co. Project)
Series 1982 of the City (the "Series
1982 Bonds''). It is hereby recognized
that pursuant to the terms of the Loan
Agreement any balance of the cost of
the Project will be paid for by the Com-
pany unless paid for out of the pro-
ceeds of additional parity bonds (the
"Additional Bonds") as identified in
the Indenture, and that The First Ns-
t~onal Bank of Chicago, (the "Bank")
will deliver its irrevocable letter of
credit (the "Letter of Credit'') to the
Trustee for the benefit of the Series
1982 Bondholders which may be drawn
upon to provide for the full and prompt
payment when due of principal,
premium, if any, and interest on the
Series 1982 Bonds.
Section 2. Definitions. In addition to
the words and terms defined in this
Resolution, the words and terms used
in this Resolution shall have the mean-
ings set forth in the Indenture and the
use lindieates another or different
meaning or intent and the form of the
Series 1982 Bonds and the forms of the
Loan Agreemen~ Indenture, and Mow
352
Special Session, Se ,tember 13, 1982
tgage and Security Agreement, which
forms are before this meetings, are
hereby incorporated by reference in thi
sResolution and the city Clerk is
hereby directed to insert them into the
minutes of the City Council and to
keep them on file.
Section 3. Terms for the Series 1982
Bonds. The total principal amount of
Series 1982 Bonds that may be issued
is hereby expressly limited to
$4,300,000, provided, however, that Ad-
ditional Bonds may be issued ~s
hereinafter provided.
The Series 1982 Bonds shall bear in-
terest at the rates set forth on the cover
page of the Proof of the Offering Ci~
eular approved in Section 8 hereof and
shall mature serially on September 1,
1984 through 1992.
The Bonds shall be in substantially
such form, have such provisions, and
be subject to redemption prior to
maturity upon the terms and as pro-
vided in the Indenture.
The Bonds shall be executed on
behalf of the City with the official
manual or facsimile signature of the
Mayor and attested with the official
manual signature of the City Clerk and
shall have impressed or printed
thereon the corporate seal of the City.
The coupons attached to the Bonds, if
any, shall be executed by the fac-
similes of the official signatures of the
Mayor and City Clerk and such fac-
simile on any Bonds or coupons shall
have the same force and effect as if
manually signed by such officer. The
Bonds, together with interest thereon,
shall be limited obligations of the City
payable solely from the revenues and
other amounts derived from the Loan
Agreement (except w the extent paid
out of moneys attributable to the Bond
proceeds or the income from the tern-
porary investment thereof or from
amounts received pursuant to the Mor-
tgage) and shall be a valid claim of the
respective holders thereof only against
the Bond Fund created under the In-
denture and other moneys held by the
Trustee, which revenues and other
amounts shall be pledged and secured
under the Indenture for the equal and
ratable payment of the Bonds and shall
be used for no other purpose than to
pay the principal of, premium, if any,
and the interest on the Bonds, except
as may be otherwise expressly
authorized in the Indenture. The
Bonds and the interest thereon shall
never constitute a charge against the
general credit or taxing power of the
City. In case any officer whose signa-
ture or facsimile of whose signature
shall appear on the Bonds or coupons
shall cease to be such officer before the
delivery of such Bonds, such signature
or such facsimile shall nevertheless be
valid and sufficient for all purposes,
the same as if he had remained in office
until delivery.
Section 4. Additional Bonds. The
City may authorize the issuance GlAd-
ditional Bonds upon the terms and
~onditions provided in the Indenture
and the Loan Agreement. All Addi~
tional Bonds shall be of the same rank
as the Series 1982 Bonds, but shall bear
such date or dates, bear such interest
rate or rates, have such maturity
dates, redemption dates and redemp-
tion premiums, and be issued at such
prices as shall be approved in writing
by the City and the Company; provid-
ed that Additional Bonds shall not be
secured by the Letter of Credit.
Section 5. Sale of the Series 1982
Bonds. The Mayor and City Clerk of
the City are hereby authorized and
directed to sell the Series i982 Bonds
pursuant to and upon the order of the
Underwriter named in that certain
Bond Purchase Agreement dated
Septomber13, 1982, at a priee of 96% of
par, plus accrued interest from
September 1, 1982 to the date of
delivery. The Mayor is hereby
authorized to execute, and the City
Clerk is hereby authorized to attest,
such Bond Purchase Agreement with
the Underwriter providing for the sale
of the Series 1982 Bonds on terms eon-
sistent with this Resolution, and the
City Clerk is hereby directed to insert a
copy of the Bond Purchase Agreernen t,
in the form submitted to this meeting
and approved hereby, in the records of
this City Council and to certify thereon
that the same is the form of such in-
strument submitted to this City Coun-
ci~ approved hereby, and identified
herein as the Bond Purchase Agree-
ment, and to keep the same on file. The
Bond Purchase Agreement shall be ex-
ecuted in substantially the form sub-
mitted to this meeting with such
changes as are approved by the of-
ricers executing it, their execution to
constitute conclusive evidence of such
approval.
Section 6. Indenture. In order to
secure the payment of the principal of
and interest on the Bonds, the Mayor
and City Clerk shall execute,
acknowledge and deliver in the name
and on behalf of the City, an Indenture
of Trus~ herein identified as and called
the Indenture, in substantially the
Special Session, September 13, 1982
353
form submitted to this City Counci~
which is hereby approved in all
respects; and the Clerk is hereby
directed to insert a copy thereof in the
form submitted to this meeting and ap-
proved hereby, in the records of this
City Council and to certify thereon
that the same is the form of lndenture
so submitted to this City Council and
approved by this Resolution and iden-
tified herein as the Indenture and to
keep such Indenture on file. The
Trustee under the Indenture shall be
Bankers Trust Company, Des Moines
Iowa, and such successors as may
thereafter be appointed pursuant to
the Indenture.
Section 7. Loan Agreement. In order
to provide for the loan of the proceeds
of the Bonds and provide for repay-
ment of such loan in amounts suffi-
eient to pay the principal of the
premium, if any, and interest on th~
Bonds, the Mayor and City Clerk s~ail
execute, acknowledge and deliver in
the name and on behalf of the City a
Loan Agreement, herein identified as
and called the Loan Agreemen~ in
substantially the form submitted to
this City Counci~ which is hereby ap-
proved in all respects; and the City
Clerk is hereby directed to insert a
copy of the Loan Agreement in the
form submitted to this meeting and ap-
proved hereby, in the records of this
City Council and to certify thereon
that the same is the form of Loan
Agreement submitted to this City
Council and approved by this Resola-
tion and identified herein, as the Loan
Agreement, and to keep such Loan
Agreement on file.
Section 8. Offering Circular. The
City Council hereby approved the form
and use of the Preliminary Offering
Circular dated August 30, 1982, herein
identified and called the Preliminary
Offering Circular, which is before this
meeting; the City Clerk is hereby
directed to insert a copy of the
Preliminary Offering Circular in the
form submitted to this meeting and
hereby approved in the records of this
City Counei~ and to certify thereon
that the same is the form of
Preliminary Offering Circular so sub-
mitred to this City Council and ap-
proved by this Resolution. The use of
the Preliminary Offering Circular by
the Underwriter is hereby ratified and
approved. In order to complete sale of
the Series 1982Bonds to the pubile, the
City Council hereby approves the Of-
fering Circular herein identified and
called the Offering Circular; said Offer-
lng Circidar shall be in substantially
the form of the Proof of the Offering
Circular dated September 13, 1982
which is before this meeting with the
date, bond rating, and bond delivery
date to be inserted upon the issuance
of the rating by Standard & Poor's Cor-
potation; the City Clerk is hereby
directed to insert a copy of the Offering
Circular in the form submitted to this
meeting and hereby approved in the
records of this City Counci& and to
tify thereon that the same is the form
of Offering Circular so submitted to
this City Council and approved by this
Resolution. The Underwriter is hereby
authorized to distribute such final Of-
fering Circular in conjunction with the
sale and delivery of the Series 1982
Bonds.
Section 9. Inducement Letter. In
order to indemnify the City against
pecuniary liability in the offer, is-
suance and sale of the Series 1982
Bonds, the Mayor is hereby authorized
to accept and execute the Inducement
Letter dated September 13, 1982 from
the Company and the Bank to the City
and the Underwriter, herein identified
and called the Inducement Letter, in
substantially the form submitted to
this City Counci~ and the City Clerk is
hereby directed to insert a copy of the
Inducement Letter in the form submit-
ted to this City Council and approved
hereby, in the records of this City
Council and to certify thereon that the
same is the form of Inducement Letter
submitted to this City Council and ap-
proved by this Resolution and iden-
tiffed herein as the Inducement Letter,
and to keep such Inducement letter on
file.
Section 10. General. The Mayor and
City Clerk be and they are each hereby
authorized and dlrectec~ in the name of
and on behalf of the City to execute
any and all instruments, perform any
and all acts, approve any and all mat-
ters, and do any and all things deemed
by them, or any of them, to be
necessary or desirable in order to carry
out the purpose of this Resolution (in-
eluding the preambles hereto), the is-
suance and sale of the Series 1982
Bonds, and the securing of the Series
1982 Bonds under the Indenture.
All documents before this meeting,
including the Indenture, the Loan
Agreemen~ the Mortgage and Seeuri-
ty Agreemen$ the Bond Purchase
Agreement, the Offering Circular and
the Inducement Letter, are subject to
completion in conformity with this
Resolution. The Mayor and the City
354
Special Session, September 13, 1982
Clerk, and each of them, is hereby
authorized to execute and deliver said
Indenture, Loan Agreement, Bond
Purchase Agreement and Inducement
Letter, in substantially the forms of
said documents before this City Coun-
ci~ on behalf of the City, with such
changes therein as such officials with
the advice of counsel may determine,
as conclusively evidenced by his ex-
ecution thereof, to be advisable and in
the best interest of the City and in con-
refinance with this Resolution.
Section 11. Separability. The provi;
sions of this Resolution are hereby
declared to be separable and if any sec-
tion, phrase or provision shall for any
reasvn be declared invalid, such
declaration shall not affect the validity
of the remainder of the section~
phrases or provisions.
Section 12. Effective Date. This
Resolution shall become effective ira-
mediately upon its passage and ap-
proval
Moved by Council Member Klauer
to adopt. Seconded by Council Mem-
bre Kluesner.
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammci
Klauer, Kluesner, Kronfeldt.
Nays--None.
Absent--None.
Passed and approved this 13th &
of September, 1982.
James E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Klauer moved adop-
tion of the Resolution. Seconded ~
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Petition of Attorney A1 Hughes
representing owners of the Don Apart~
merits, requesting Council direct the
Planning and Zoning Comm. to make
whatever amendments or corrections
necessary to place the Don Apar~
merits located at 1717 Kane St. in the
conforming status they had prior to
adoption of Zoning Ordinance in 1975,
and Communication of L. J. Schilte
submitting a statement on non-
conforming use relative to the Don
Apts. at 1717 Kane St., presented and
read.
L. J. Schlitz, owner of the Don Apts.
read communication as presented.
Council Member Hammel moved
that the petition and communication
be received and filed and Planning and
Zoning to correct the zoning status
back to what it had been before the
1975 zoning. Seconded by Council
Member Kronfeldt.
After discussion, Council Member
Beurskens moved to amend the mo-
tion, moving just to refer the matter to
the Planning and Zoning Commission.
Seconded by Council Member Deich.
Vote on the Amendment:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer.
Kluesner, Kronfeldt.
Nays--Councli Member Hammel.
Communication of Planning and
Zoning advising of denial of request of
Dale Winter to allow indoor co,miner-
cial recreation establishments as Con-
ditlonal Uses hi a C-2 Zoning District,
presented and read.
Council Member Hammel moved to
receive and file the communication and
concur with the denial. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deicb, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Beurskens.
Communication of City Manager
submitting Ordinance updating the
City Code on Disaster Services,
presented and read.
Council Member Beurskens moved
to receive and file the communication.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Khiesner.
Nays--Council Members Hammel,
Kronfledt.
An ORDINANCE Amending Code
of Ordinances by enacting a new Arti-
cle II of Chapter 11 comprised of Sec-
tions 11-16 through 11-23 in lieu
thereof providing for a Joint County
Muhicipal Administration for Disaster
Services Purposes, presented and
read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance, that the rule requiring an Or-
dinance to be presented and read at
two meetings prior to the meeting
when final action is taken, be dispens-
ed with and moved final adoption of
the Ordinance. Seconded by Council
Special Session, September 13, 1982
355
Member Kluesner. Vote on the motion
was as follows:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Kluesner.
Nays--Council Members Hammel,
Kronfeldt.
MOTION FAILED TO PASS DUE
TO LACK OF A SA VOTE.
Council Member Kluesner moved
that the reading just had be con-
sidered the first reading. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Hammel.
Communication of City Manager re-
questing concurrence that Loras
Kluesner, as Mayor Pro Tern, be
voting delegate to the League of Iowa
Municipalities annual meeting,
presented and read.
Council Member Klauer moved that
the communication be received and
filed and request approved. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re.
questing appointment of a Council
Member to serve on the Dubuque
County Land Preservation and Use
Commission, presented and read.
Council Member Hammel moved
that the communication be received
and filed and that Council Member
Rhonda Kronfeldt be appointed.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Abstain--Council Member
Kronfeldt.
BOARDS AND COMMISSIONS:
Airport Commission - Applicants:
C.J. May, Jr. and W.J. Hanley.
Council Member Beqrskens voted
for May, Mayor Brady voted for
neither, Council Member Deich voted
for May, Council Member Hammel
voted for May, Council Member
Klauer voted for May, Council
Member Kluesner voted for May,
Council Member Kronfeldt voted for
May.
Therefore, C.J. May, Jr. reappointed
to the Airport Commission for a six
year term which wiil expire 9-14-88.
TV Cable Regulatory Commission-
Applicants: Thomas J. Churchill,
Douglas Hilby, William A. Ternent.
First Vote: Council Member Beur-
skens voted for Ternent, Mayor Brady
voted for Hllby, Council Member
Deich abstained, Council Member
Hammel voted for Churchill, Council
Member Klauer voted for Ternent,
Council Member Khiesner voted for
Hilby, Council Member Kronfeldt
voted for Churchill.
There being no majority, a second
vote was taken as follows:
Council Member Beurskens voted
for Ternent; Mayor Brady voted for
Churchill, Council Member Deich
voted for Churchill; Council Member
Hammci voted for Churchill, Council
Member Klauer voted for Ternent~
Council Member Kluesner voted for
Churchill, Council Member Kronfeldt
voted for Churchill.
Therefore, Thomas J. Churchill ap-
pointed to the TV Cable Regulatory
Commission for an unexpired term
which will expire 6-30-83.
TV Cable Tele-Programming
Commission-Applicants: David J.
Arnold, Thomas Boettcher, Karen A.
O'Rourke, Joseph A. Riesselman.
Council Member Beurskens voted
for Arnold, Mayor Brady voted for
O'Rourke, Council Member Deich
voted for Arnold, Council Member
Hammel voted for Arnold, Council
Member Klauer voted for Arnold,
Council Member Kluesner voted for
Arnold, Council Member Kronfeldt
voted for Arnold.
Therefore, David J. Arnold ap-
pointed to the TV Cable Tele-
Programming Commission for an ex-
pired term which will expire 6-30-85.
Petition of The Bistro requesting to
transfer their Liquor License from 951
Main St. to Town Clock Plaza at 7th
and Main St. on Sept. 17, 18, and 19th
(Riverfest Days), presented and read.
Council Member Klauer moved that
the petition be approved. 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. 246-82
WHEREAS, Applications for Beer
Permits have been submitted and filed
to the Council for approval and the
356 Special Session, Se ~tember 13, 1982
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupled by such applicants were in-
speeted 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
Holy Trinity Parish 1700 Lincoln
14 Day Permit (Also Sunday Sales)
CLASS "C" BEER PERMIT
The Monday Company 4003 Peru Rd.
(Also Sunday Sales)
Kopple's Market, Inc. 1098 University
(Also Sunday Sales)
Passed, adopted and approved this
13th day of September, 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 Mem-
bers Beurskens, Deich, Hammel
Klauer, Klueener, Rronfeldt.
Nays--None.
RESOLUTION NO. 247-82
WHEREAS, Applications for Li
qnar 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-
speeted 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, lowa, 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
William Baum 500 Rhomberg
(Also Sunday Sales)
Passed, adopted and approved this
13th day of September, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Reeelution. 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: Housing
Code Advisory and Appeals Bd. of 9-1;
Cable Regulatory Comm. of 9-1 and
Planning and Zoning Comm. of 9-1,
presented and read.
Council Member Deich moved that
the minutes 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.
Communication of Civil Aeronautics
Bd. submitting their dockets rega.r-
ding Order redefining essential
transportation, selecting replacement
dr carriers and setting subsidy rates,
presented and read.
Council Member Deicb moved that
the communication be received and
filed. Seconded by Council Member
Klanar. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communication of Transit Bd. sub-
mitting their findings regarding buses
to the John Deere Plant, presented
and read.
Council Member Hammel requested
a breakdown of costs involved in the
Deere run be prepared and given to the
Council, and moved that the com-
munication be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Ddich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel submitting his opinion regar-
ding the bylaws of the Library Bd.,
presented and read.,
Council Member-Kronfeldt moved
that the communication be received
Special Session, September 13, 1982
357
and filed and this interpretation refer-
red to the Library Bd. for their review
and redoing of their bylaws. Seconded
by Council Member I-Iammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Digman Realty,
on behalf of thamselves, their cfients
and customers, objecting to direction
given to City Staff regarding an
crease in Real Estate Taxes in the
City, for the coming budget year,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed and letter referred to the
Council and Staff at the budget pro-
cess time(s). Seconded by Council
Member Klauer. Carried by the follow-
big vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending denials of car
damage claim of Joanita Betts, Merle
B. Gaber, Donald G. Cavanaugh,
Alphonse Maiers, Mrs. Joy Salas and
Robert Neuwoehner, ail which have
been amicably disposed of at no cost to
the City, presented and read.
Council Member Deich moved that
the communication be received and
filed and denials approved. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Klueener, Kronfeldt.
Nays--Nona.
Michael Portzen requesting refun~
of $75 on unexpired Cigarette License,
presented and read.
Council Member Deich moved that
the refund be approved and Finance
Director to issue proper check.
Seconded by Council Member Klauer.
Carried by the following vote:'
Yeas--Mayor Brady, Council Mem
bets Beurskens, Delch, Hammel
Klauer, Klueener, Kronfeldt.
Nays--None.
C.D. Director Dan Dittemore gave
status report on the FDL Foods Pro-
ject, requesting special Council
Meeting to be held on Tuesday,
9-14-82, authorizing issuance of IRB in
an amt. not to exceed $10,000,000,
with Public Hearing on the matter for
Oct. 11, 1982.
Buster Welty. 4000 Peru Road, ad-
dressed the Council relative to pro-
blems with Planning and Zoning and
the Building Dept.
Council Member Kronfeldt moved
that the verbal petition be received
and filed and referred to Staff for a
report as soon as possible. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
There being no further business.
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Klauer. 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
358
Special Session, September 14, 1982
CITY COUNCIL1
OFFICIAL
Special Session, September 14, 1982.[
Council Met at 5:00 p.m.. in the!
Council Chambers of City Hall.
Present--Mayor Brady, Council
Members Beurskens, Deich, 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 CONSIDER A
RESOLUTION REGARDING THE
ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE
BONDS (FDL FOODS, INC. PRO-
JECT) IN AN AMOUNT NOT TO
EXCEED $10,000,000 AND OTHER
RELATED MATTERS and acting
upon such other business which may
properly come before the Council.
RESOLUTION NO. 248-82
A Resolution Regarding the Issuance
of Not to Exceed $10,000,000 in Ag-
gregate Principal Amount of In-
dustrial Development Revenue Bonds
(FDL Foods, Inc. Project) of the City
of Dubuque, Iowa Directing Publics-
tlon of Notice of Intention to Issue,
and Calling a Public Hearing on the
Proposal to Issue Said Bonds and
Authorizing Execution of a Memoran-
dum of Agreement
WHEREAS, the City of Dubuque,
Iowa (hereinafter referred to as the
"City"), is a municipal corporation
organized and existing under the Con-
stitution and laws of the State of Iowa,
and is authorized and empowered by
Chapter 419 of the Code of Iowa
Ihereinafter referred to as the "Act"),
to issue Industrial Development
Revenue Bonds and loan the proceeds
from the sale of said Bonds to one or
more parties to be used to defray ail or
a portion of the cost of acquiring, con-
structing, improving and equipping a
"Project" as that term is defined in
the Act, for the purpose of securing
and developing industry and trade
within or near the City in order to
create jobs and employment oppor-
tunities and to improve the economic
welfare of the residents of the City and
of the State of Iowa; and
WHEREAS, th~City has been re-
quested by FDL l~mds, Inc., an Iowa
corporation (hereinafter referred to as
the "Company"), to authorize and
issue not to exceed $10,000,000 in ag-
gregate principal amount of its In-
dustrial Development Revenue Bonds
(FDL Foods, Inc. Project) (the
"Bonds"), pursuant to the provisions
,f the Act for the purpose of defraying
all or a portion of the cost of acquiring
an industrial facility and ~mproving
and equipping the facility located in
the City of Dubuque, Iowa, suitable
for use in packing and processing of
neat and meat products (hereinafter
referred to as the "Project"), which
Project will be owned and operated by
Company; and'
WHEREAS, said Project will create
additional employment opportunities
for residents of the City and the sur-
rounding area; wiil enhance the tax
base of the City and overlapping tax-
ing jurisdictions and will provide and
induce other public benefits which will
add to the welfare and prosperity of
the City and its inhabitants; and
WHEREAS, the City has determin-
ed that the amount necessary to
defray all or a portion of the cost of ex-
panding, constructing, improving and
equipping the Project, including
necessary expenses incidental thereof,
wlil require the issuance by the City of
not to exceed $10,000,000 aggregate
principal amount of its Industrial
Development Revenue Bonds pur-
suant to the provisions of the Act, and
it is proposed that the City loan said
amount to Company under a Loan
Agreement between the City and Com-
pany pursuant to which loan
payments will be made by the Com-
pany in amounts sufficient to pay. the
principal of and interest and prermum,
if any, on said Bonds, as and when the
same shall be due; and
WHEREAS, the Bonds, if issued,
shall be limited obligations of the City,
and shall not constitute nor give rise
to a pecuniary liability of the City or a
charge against its general credit or
taxing powers, and the principal of
and interest and premium, if any, on
the Bonds shall be payable solely out
of the revenues derived from the Pro-
ject to be financed by the Bonds; and
WHEREAS, regulations pro-
mulgated under Sect~ion 103 of the In-
ternal Revenue Code of 1954, as
amended, may require that the Issuer
of such Bonds adopt a Resolution with
respect to such Bonds or take "some
other similar official action" toward
Special Session, September 14, 1982
the issuance of such Bonds prior to the
commencement of construction or ac-
quisition relating to the proposed Pro-
jeer, and it is intended that this
Resolution shail constitute "some
other similar official action" toward
the issuance of the Bonds within the
meaning of said federal income tax
regulations; and
WHEREAS. there has been
presented to the Council a Memoran-
dum of Agreement, attached hereto as
Exhibit "A" which sets forth certain
mutual undertakings and ngreements
between the City and Company,
relating to the further processing and
issuance of said Bonds, and the City
believes it desirable and in its best in-
terest that said Memorandum of
Agreement be executed for and on
behalf of the City; and
WHEREAS, before the Bonds may
be issued, it is necessary to conduct a
public hearing on the proposal to issue
the Bonds, ali as required and provid-
ed by Section 419.9 of the Act.
NOW, THEREFORE, BE IT AND
IT IS HEREBY RESOLVED BY
THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. That a public hearing shall
be conducted on October 11, 1982, at
Z'30 o'clock p.m., before this City
Council in the Public Library
Auditorium in the City of Dubuque,
Iowa on the proposal to issue not to ex-
coed $10,000,000 aggregate principal
amount of the City's Industrial
Development Revenue Bonds, pu~
suant to the provisions of the Act, for
the purpose of defraying all or a pot-
tion of the cost of acquiring, improving
and equipping the Project including
necessary expenses incidental thereto,
and all local residents who appear at
said hearing shall be given an oppor-
tunity to express their views for or
against the proposal to issue such
Bonds; and at said hearing, or any ad-
journment thereof, this City Council
shall adopt a Resolution determining
whether or not to proceed with the is-
suance of said Bonds.
Section 2. That the City Clerk of the
City is hereby directed to publish one
Hmo, not less than fifteen (15) days
prior to the date fixed for said hearing,
in the Telegraph-Herald, a legal
newspaper published and having
general circulation within the City,
Notice of lntention to issue said Bond
in substantially the following form:
359
NOTICE OF PUBLIC HEARING
ON INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT
REVENUE BONDS
(FDL FOODS, INC. PROJECT)
Notice is hereby given that a public
hearing will be conducted before the
Council of the City of Dubuque, Iowa,
in the Public Library Auditorium in
said City at 7:30 o'clock p.m., October
11, 1982, on the proposal to issue not
to exceed $10,000,000 principal
amount of the City's Industrial
Development Revenue Bonds (FDL
Foods. Inc. Project), pursuant to the
provisions of Chapter 419 of the Code
of Iowa, for the purpose of defraying
ail or a portion of the cost of acquiring
an industrial facility and improving
and equipping the said facility (the
"Project").
It is contemplated that a Loan
Agreement will be entered into bet-
ween the City and the Company
under which the City would loan to the
Company the proceeds from the sale of
the Bonds in return for loan payments
from the Company sufficient to pay
the principal of, interest and premium.
if any, on such Bonds as the same shall
fall due.
Such Bonds, if issued, and the in-
terest thereon will be payable solely
out of the revenues derived from the
said Loan Agreement and shall never
constitute an indebtedness of said
City within the meaning of any state
constitutional provision or statutory
limitation, and shall not constitute nor
give rise to a pecuniary liability of said
city or a charge against its general
All local residents who appear at
said hearing shall be given an oppor-
tunity to express their views for or
against the proposal to issue said
Bonds, and at said hearing, or any ad-
journment thereof, the Council of said
City shall adopt a resolution determin-
ing whether or not to proceed with the
issuance of said Bonds.
By Order of the City Council
Mary A. Davis
City Clerk of the City
of Dubuque, Iowa
Section 3. That the City recognizes
that regulations promulgated under
Section 103 of the Internal Revenue
Code of 1954, as amended, may require
the taking by this City Council of of-
action or "some other similar of-
ficlal action", if interest on Industrial
Development Revenue Bonds issued
by the City and used to acquire, con-
360 Special Session, Se tember 14, 1982
struct, improve and equip such in-
dustrial development project is to be
exempt from federal income taxes. In
order to preserve such exemption, tins
Resolution is intended to constitute
solely for federal income tax purposes
official action or "some other similar
official action" with respect to the is-
suance of such Bonds.
Section 4. That in order to assure the
construction, improvement and equip-
ping of these manufacturing facilities
in the City of Dubuque, Iowa, with the
resulting public benefits, it is deemed
necessary and advisable that the
Memorandum of Agreement, in the
form attached hereto as Exhibit "A ",
be approved and that the Mayor of the
City be and hereby is authorized and
directed to execute said Memorandum
of Agreement and the City Clerk of the
City be and hereby is authorized to at-
test the same and to affix the seal of
the City thereto and said Memoran-
dura of Agreement is hereby made a
part of this Resolutiorr
Section 5. That in order that the Pro-
ject will not be unduly delayed, Corn*
party is hereby authorized to make
such commitments, expenditures and
advances toward payment of the costs
of the Project as it considers ap-
propriate, subject to reimbursement
from the proceeds of the Bonds when if
delivered, but otherwise without
liability on the part of the City.
Section 6. That officials of the City
are hereby authorized to take such fur-
ther action as may be necessary to
carry out the intent and purpose or'the
Memorandum of Agreement.
Section 7. That all Resolutions and
Orders or parts thereof, in conflict
herewith are, to the extent of such con-
flic~ hereby repealed, and this Resolu-
tion shall be in full force and effect im-
mediately upon its adoption.
Adopted and approved tins 14th day
of September, 1982.
CITY OF DUBUQUE, IOWA
James E. Brady
Mayor
ATTEST:
Mary A. Daivs
City Clerk
EXHIBIT "A"
MEMORANDUM OF AGREEMEN~1
THIS MEMORANDUM OF
AGREEMENT is between the City of
Dubuque, in Dubuque County, Iowa,
party of the first part (hereinafter
referred to as the "City"), and FDL
Foods, Inc., party of the second part
(hereinafter referred to as the "Com-
mny').
1. Preliminary Statement. Among
the matters of mutual inducement
which have resulted in the execution of
this Agreement are the following:
(a) The City is an incorporated
municipality of the State of Iowa,
authorized and empowered by the pro-
visions of Chapter 419 of the Code of
Iowa Ithe "Act"), to issue Industrial
Development Revenue Bonds for the
purpose of defraying all or a portion of
the cost of acquiring and improving
land, buildings and equipment suitable
for industrial projects as defined
therein; and
(b) In order to provide for industrial
development and employment oppm-
tunities for the inhabitants of the City
and to add to the welfare and prosper-
ity of the City and of such inhabitants,
the City proposes to loan to the Com-
pany funds to finance the acquisition
of an industrial facility and improving
and equipping the facility located in
the City of Dubuque, Iowa, suitable
for use in packing and processing of
meat and meat products (hereinafter
referred to as the "Project"); and
(c) It is considered essential that ac-
quisition and improvement related to
the Project commence at the earliest
practicable date. However, before com-
mencing the Project, the Company
desires satisfactory assurances from
the City that the proceeds from the
sale of Industrial Development
Revenue bonds of the City will be
made available in an amount sufficient
to finance all or a portion of the cost of
the Project, which cost, including the
expenses related to the issuance of the
Bonds, is presently estimated not to
exceed $10,000,000.
(d) Representatives of the City have
indicated the willingness of the City to
proceed with and effect such financing
as an inducement to the Company to
acquire and improve its facilities in the
City and the City has advised the
Company that, subject to due com-
pliance with all requirements of law
and the obtaining of all necessary con-
sents and approvals and to the hap-
pening of all acts, conditions and
things required to exist, happen and
be performed precedent to and in con-
nection with such financing in due
time, form and manner as required by
law, the City, by virtue of such
statutory authority as may now exist
or may hereafter :be conferred, with
issue and sell its Bonds in an amount
sufficient to finance ali or a portion of
the cost of the Project. '
Special Session, September 14, 1982
361
(e) The City considers that the
undertakings of the Project will pro-
mote industrial development of the
City, provide employment oppor-
tunities for the inhabitants of the City,
enhance the tax base of the City and
overlapping taxing jurisdictions, in-
crease the City's commerce and add to
the welfare and prosperity of the City
and that of its inhabitants.
2. Undertakings on the Part of the
City. The City agrees as follows:
(a) That it will authorize, or cause to
be authorized, the issuance and sale of
an issue of its Bonds, pursuant to the
terms of the Act as then in force, in an
aggregate principal amount sufficient
to finance all or a portion of the cost of
the Project, which cost, including the
expenses related to the issuance of the
Bonds, is presently estimated not to
exceed $10,000,000.
(b) That it will cooperate with Com-
pany to sell the Bonds upon mutually
agreeable terms, and it will adopt, or
cause to be adopted, such proceedings
and authorize the execution of such
documents as may be necessary or ad-
visable for the authorization, issuance
and sale of the Bonds and the financ-
ing of the Project as aforesaid, and the
entering into a Loan Agreement with
the Company with respect to the Pro-
ject, all as shall be authorized by law
and mutually satisfactory to the City
and the Company.
(c) That the aggregate basic
payments (i.e. the payments to be used
to pay the principal of and premium, if
any, and interest on the Bonds)
payable under the Loan Agreement
shall be such sums as shall be suffi-
cient to pay the principal of, interest
and redemption premium, if any, on
the Bonds as and when the same shall
become due and payable.
(d) That it will take or cause to be
taken such other acts and adopt such
further proceedings as may be re-
quired to implement the aforesaid
undertakings or as it tony deem ap-
propriate in pursuance thereof.
3. Undertakings on the Part of the
Company. The Company covenants
and agrees as follows:
(a) That it will cooperate with the
City to sell the Bonds in an aggregate
principal amount as above stated; pro4
vided, however, that the terms of the
Bonds and of the sale and delivery
thereof shall be mutually satisfactory
to the City and the Company.
(b) That is has not, prior to the ex-
ecution of this agreement and the tak-
lng of "official action" toward the is-
suance of the Bonds by the City, ac-
quired or commenced improvement of
the Project, or any part thereof, or
paid or incurred any costs related
thereto, which will be paid or reimburs-
ed from the proceeds of the Bonds,
when and if issued. The Company
does, however, represent that it now
intends to enter into a contract or con-
tracts for the acquisition, improve-
ment and equipping of the Project and
take, with reasonable diligence, the
other necessary steps toward the
realization of the Project.
(c) That contemporaneously with the
sale of the Bonds it will execute a Loan
Agreement with the City under the
terms of which the Company will
obligate itself to pay to the City sums
sufficient in the aggregate to pay the
principal of and interest and redemp-
tion premium, if any, on the Bonds as
and when the same shall become due
and payable, such instrument to con-
tain other provisions required by law
and such other provisions as such be
mutually acceptable to the City and
the Company.
(d) That it will take such further ac-
tion and adopt such further pro-
ceedings as may be required to imple~
ment its aforesaid undertakings or as
it may deem appropriate in pursuance
thereof.
4. General Provisions.
(a) All commitments of the City
under paragraph 2 hereof and of the
Company under paragraph 3 hereof
are subject to the condition that on or
before October 31, 1983 (or such date
as shall be mutually satisfactory to
the City and the Company), the City
and the Company shall have agreed to
mutually acceptable terms for the
Bonds and of the sale and delivery
thereof, and mutually acceptable
terms and conditions of the documents
referred to in paragrapli 3 and the pro-
ceedings referred to in paragraphs 2
and 3 hereof.
(b) Whether or not the events set
forth in (a) of this paragraph take place
within the time set forth or any exten-
sion thereof, the Company agrees that
it will reimburse the City for all
reasonable and necessary direct out-of-
pocket expenses which the City may
incur, including but not limited to,
legal fees, printing and publication
costs and filing fees arising from the
execution of this Agreement and the
performance, or preparation to per-
form by the city of its obligations
hereunder, or done at the request of
362 Special Session, Se ~tember 14, 1982
the Company.
(c) All commitments of the City
hereof are further subject to the condi-
tions that the City, and its elected and
appointed officials, shall in no event in-
cur any liability for any act or orals-
sion hereunder, and that the Bonds
described herein shall not constitute
an indebtedness of the City within the
meaning of any constitltional or
statutory provision and shall not con-
stitute nor give rise to a pecuniary
liability of the City or a charge against
its general credit or taxing powers.
IN WITNESS WHEREOF, the par-
ties hereto have entered into this
Agreement by their officers thereunto
duly authorized as of the 14th day
September, 1982.
CITY OF DUBUQUE, IOWA
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk (Seal of City)
FDL FOODS, INC.
"UNSIGNED BY COMPANY"
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, Deich, Hammel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
Upon further discussion, Council
Member Kronfeldt moved to direct
Mr. Stark, ICorporation Counsel) to in-
vest whether or not a statement, ask-
Lng a company who seeks revenue
bonds, to give preferential treatment
for consideration to City residents, all
else being equal, in their hiring.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
There being no further business
Council Member Klauer moved to ad
journ. Seconded by Council Member
Beurskefis. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved_
Adopted
Mayor
Council Members
ATTEST:
City Clerk
1982
1982
Special Session, September 20,1982
363
CITY COUNCIL
OFFICIAL
Special Session, September 20,
1982 Council Met at 7:30 p.m., Public
Library Auditorium,
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Assis-
tant City Attorney William Blum.
Absent--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 consider filing of ap-
plication with UMTA for Federal
Assistance to aid in the financing of
operating assistance projects for
Keyllne and acting upon such other
business which may properly come
before the Council.
Communication of City Manager re-
questing authorization from Council
for Mayor to submit a financial
assistance application to UMTA and
setting a Public Hearing on said ap-
plication, presented and read.
Council Member Klauer moved that
the communication be received and
filed and a Hearing be set for Nov. 1
1982. Seconded by Council Mexnber
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 249-82
Resolution Authorizing the Filing of
Applications with the Department of
Transportation, United States of
America, for Grants under the Urban
Mass Transportation Act of 1964, As
Amended.
WHEREAS, the Secretary of
TransportaOon is authorized to make
grants for mass transporta~on pro-
jects;
WHEREAS, the contract for finan-
cial assistance will impose certain
obligations upon the applicant, in-
cludlng 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-
pllcant that minority business enter-
prise by utiUzed 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 procuring construction con-
tracts, supplies, equipment contracts,
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Mayor of the City
of Dubuque is authorized to execute
and file an application on behalf of the
City of Dubuque with the ~S. Depart-
ment of Transportatio,, to aid in the
financing of operating assistance pro-
jects pursuant to Section 5 of the U~
ban Mass Transportation Act of 1B64,
Section 2. That the Mayor of the City
of Dubuque is authorized to execute
and file with such applicants an
quired by the U.S. Department of
Transportation effectuating the pu~
poses of Title VI of the Civil Rights
Act of 1964.
Section 3. That the Translt Manager
is authorized to furnish such addi-
tional information as the U.S. Depart-
ment of Transportation may require in
connection with the application or the
project.
Section 4. That the Mayor of the City
of Dubuque is authorized to set forth
and execute affirmative minority
the project's procurement needs.
Section 5. That the Mayor of the City
of Dubuque is authorized to execute
grant agreements on behalf of the City
of Dubuque with the ~S. Department
of Transportation for aid in the financ-
ing of the operating assistance pro-
iects.
The undersigned duly qualified and
acting Mayor of the City of Dubuque
certifies that the foregoing is a true
and correct copy of a resolution
adopted at a legally convened meeting
364 Special Session, Se ~tember 20, 1982
of the City Council of the City of
Dubuque, Iowa, held on Sept. 20, 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.
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition containing 505 signatures
members of Local 150A, United Food
and Commercial Workers, urging the
Mayor and Council Members to
engage in careful consideration before
allowing the $4 million UDAG Aid to
any new purchaser/employer of the
Dubuque Packing Co. plant in Dubu-
que unless they agree to employ Local
150A members, presented and read.
John Pitzer, 1243 Locust, expressed
the opinion that the Council has no
concern for past Dubuque Pack
employees.
Council Member Klauer moved that
the petition be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, HammeJ
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
Copy of a Communlcatlon of Mel
Maus of the United Food and Commer-
cial Workers, Local 150A, sent to Ms.
Sowell, Director of HUD, Washington,
D.C., submitting certain considera-
tions which they believe should be in-
cluded in their decisions as the condi-
tions for the granting of the Urban
Development Action Grant for FDL,
presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Deicb. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
Communication of City Manager
submitting proposed contract between
Five Flags Center and the Mississippi
Valley Hockey, Inc. (the Fighting
Saints) for 1982-83-84 Hockey
Seasons, and requesting approval of
contract as written, presented and
read.
Council Member Hammel moved
that the communication be received
and filed and contract approved as
written. Seconded by Council Member
Khiesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Conununication of City Manager re-
questing authorization from City
Council to submit the fourth and final
amendment to grant project
IA-05-0009 requesting 80% fundhig
for a spin balancer, a budgeted FY'83
item, presented and read.
Council Member Deich 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, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 250-82
Resolution Authorizing the Filing of a
Fourth Amendment to Section 5 Ap-
plication IIA-05-0009) wlth the Depart-
ment of Transportation, United States
of America, for a Grant Under the Ur-
ban 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 finan-
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 amend-
ment to an application for assistance
under the Urban Mass Transportation
Act of 1964, as amended, the applicant
give an assurance that it will comply
Speclal Session
with Title VI of the Civil Rights Act of
1964 and the U.S. Department of
Transportation requirements
thereunder; and
WHEREAS, it is the goal of the ap-
plicants that minority business enter-
prise be utilized to the fullest extent
possible in connection with these pro-
jects, 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 procuring construction con-
tracts, supplies, equipment contracts
or consultant and other services:
NOW, THEREFORE, BE IT RE
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the Mayor of the City
of Dubuque is authorized to execute
and file an amendment to an applica-
tion on behalf of the City of Dubuque
with the U.S. Department of Transpo~
tatior~ to aid in financing a combine-
Hen ~une-in strobe spin balancer pu~
suant to Section 5 of the Urban Mass
Transportation Act of 1964, as amend"
Section 2. That the Mayor of the City
of Dubuque is authorized to execute
and file with such amendments to ap-
plications an assurance or any other
document required by the U.S. Depart-
merit of T~nsportation effectuating
the purposes of Title VI of the Civil
Rights Act of 1964.
Section 3. That William Kohler,
~ransit Manager, is authorized to fu~
nish such additional informaHon as
the U.S. Department of Transportation
may require in connection with the ap-
plication amendments or the project.
Section 4. That the Mayor of the City
of Dubuque is authorized to set forth
and execute affirmative minority
business policies in connection with
the project's procurement needs.
Section 5. That the Mayor of the City
of Dubuque is authorized to execute
grant contract agreements and amend.
ments to said agreements on behalf of
the City of Dubuque with the U.S.
Department of Transportation for aid
in the financing of capital assistance
projects.
Passed, adopted and approved this
20th day of September, 1982.
James E. Brady
Mayor
ATTEST:
September 20, 1982 365
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing City Council approval of
modifications to the Old Main Loan
Program submitted by the Commun-
ity Development Commission and
Staff, presented and read.
Council Member Beurskens moved
that the communication be received
and filed and modifications approved.
Seconded by Council Member
Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council Mere~
bers Beurskens, Daich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing authorization to publish
notice that the FY'82 Grantee Perfor-
mance Report is on file in various loca-
tions throughout the City, presented
and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 251-82
A Resolution Authorizing Publication
of Notice of Availability for Public In-
spection Certain Community Develop.
ment Block Grant Documents
WHEREAS, under the date of
September 13, 1982, the Annual Per-
formance Report was submitted to the
U.S. Department of Housing and Ur-
ban Development for processing; and
WHEREAS, Section 570.200(b) of
the Community Development Block
Grant Program requires that
reasonable effort shall be made to in-
form citizens involved in or affected by
tlie local Community Development
Program that the Annual Performance
Report has been submitted and is
available to interested parties upon re-
quest; and
366 Special Session, Se ~tember 20,1982
WHEREAS~ Section 570.906(c) re-
quires that there be public notice of
the availability of the Annual Perfor-
mance Report for inspection by the
public;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the C~ty Clerk be and
she is hereby authorized and directed
to publish in the Telegraph Herald, a
newspaper of general circulation
within the City, public notice in the
form of Exhibit A, attached hereto and
made a part thereof.
Passed, adopted and approved this
20th day of September, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
An Ordinance Amending Code of el
dinances by enacting a new Article II
of Chapter 11 comprised of Sections
11-16 through 11-23 in lieu thereof pro-
viding for a Joint County Municipal
Administration for Disaster Services
purposes, presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance, that the rule requiring an Or-
dinance to be presented and read at
two meetings prior to the meeting
when final action is taken, be dispens-
ed with, and final adoption of the Or-
dlnance. Seconded by Council Member
Klauer. Vote on the motion was as
follows:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Khiuer,
Kluesner.
Nays--Council Member Hammel,
Kronfeldt.
MOTION FAILED TO PASS DUE
TO LACK OF A 3/4 VOTE.
Council Member Khiesner moved
that the reading just had be con-
sidered the second reading of the Or-
dinance. Seconded by Council Member
Beurskens. Carried by the foilowing
vote:
Yeas--Mayor Brady, Council Mem-
ber Beurskens, Deich, Klauer,
Kluesner.
Nays--Council Members Hammel,
Kronfeldt.
BOARDS AND COMMISSIONS:
Daniel J. Hughes submitting
resignation from Electrical Examining
Bd, presented and read.
Council Member Hammel moved
that the communication be received
and filed and resignation accepted
with regret. Seconded by Council
~Iember Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Civil Service Commission- Ap-
plicants: Ronald L.T. Koerperich,
Gerald J. Koppes, Leeley Stephens,
Paul Testroet. Vote on the appoint-
Council Member Beurskens voted
for Koppes, Mayor Brady voted for
Koerperich, Council Member Deich
voted for Koerperich, Council Member
Hammel voted for Koppes, Council
Member Klauer voted for Koppes,
Council Member Khiesner voted for
Koppes, Council Member Kronfeldt
voted for Koppes.
Therefore, Gerald J. Koppes ap-
pointed to the Civil Service Commis-
sion to fill an unexpired term which
will expire 3-31-86.
Electrical Examining Board- One
applicant: Michael M. Sisler, 229
Dillon.
Council Member Klauer moved to
delay making an appointment until ad-
dltlonal applications are filed. Second-
ed by Council Member Beurskens.
Vote on the motion was as follows:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Klauer.
]Nays--Council Members Deich.
Hammel, Kluesner, Kronfeldt.
MOTION FAILED.
Council Member Hammel moved
that Michael M. Sisler be appointed to
he Electrical Examining Board for an
unexpired term which will expire
7-12-83. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Zoning Board of AdjuStment -- Ap-
Special Session, September 20, 1982
367
pllcants: Daniel H. Delaney, Dominic
Goodmann, Ruth Nash. Tilden Poi-
Nominations were as follows:
Council Member Beurskens for
Delaney, Mayor Brady for Polsean,
Council Member Deich for Goodmann,
Council Member Hammel for Good-
nmnn, Council Member Klauer for
Nash, Council Member Kluesner for
Goodmann, Council Member
Kronfeldt for Goodmann.
Therefore, Dominic Goodmann ap-
pointed to the Zoning Board of Ad-
justment for a five year term to expire
9-19-87.
RESOLUTION NO. 252-82
WHEREAS, Applications for Beer
Pern~ts 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
T.I. Investments, Inc. 1575 J.F.K.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Mary M. Richardson 1050 University
IAlso Sunday Sales)
Passed, adopted and approved this
20th day of September, 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-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 252A-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 ail City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Dubuque Motor Hotels, Inc.
1111 Dodge St.
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Parochetti Enterprises, Inc.
2600 Dodge St.
(Sunday Sales Only)
Passed, adopted and approved this
20th day of September, 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.
Printed Council Proceedings for
month of June. 1982, presented and
read.
Council Member Klauer moved that
the proceedings be approved, as
amended. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Minutes Submitted: Cable Tele-
Programming Commission of 9-7, Park
and Recreation Comm. of 9-8, Transit
Trustee Bd. of 7-9, Electrical Examin-
lng Bd. of 9-14, presented and read.
Council Member Klauer moved that
the minutes be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
368
Special Ses$im~, Se ~tember 20, 1982
Nays--None.
Notices of Suits and Claims: Mary
M. Berg in amount of $223.23 for per-
sonal injuries; David Travis, in
unknown amount for personal injuries;
Robert Stonskas, in amount of $312.13
for car damages; County Sheriff sub-
mitting Notice of Levy and Sale in
case of Dubuque Savings and Loan
Assn. vs. Joseph Schueller et ux, City
of Dubuque et al, for property describ-
ed as Lot 82 in Glendale Addn. No. 2 in
the City, presented and read.
Council Member Klauer moved that
the suits and claims be referred to the
Corporation Counsel for investigation
and report. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Rebecca Burgart
objecting to allowing installation of a
video arcade in an area currently zon-
ed &2, presented and read.
Council Member Kronfeldt moved
that the communication be received
and flied. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Managel
submitting reports of Finance Direc-
tor and City Treasurer for month of
August, 1982. presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Beurskens. Carried by the foilowing
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Refunds Requested: St
Columbkille's Church and Church of
the Nativity requesting refunds of
$225 each on unexpired Beer Permits,
presented and read.
Council Member Klauer moved that
the refunds be approved and Finance
Director to issue proper check.
Seconded by Council Member Beuo
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
There being no further business,
Council Member Hammel moved to ad-
iourn. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved~1982
Adopted _1982
Mayor
Council Members
ATTEST:
City Clerk
Special Session, September 27, 1982
369
CITY COUNCIL
OFFICIAL
Special Session, September 27, 1982.
Council Met at 7:30 p.m., Council
Chambers, City Hall.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hanunel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Assis.
tant City Solicitor, Wm. Blum.
Absent--Corporation 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 CONSIDER A
RESOLUTION AUTHORIZING A
REQUEST FOR RELEASE OF
COMMUNITY DEVELOPMENT
FUNDS FOR THE FDL FOODS,
INC. LOAN PARTICIPATION PRO-
JECT and acting upon such other
business which may properly come
before the Council.
Communication of City Manager
submitting a Resolution requesting
release of Community Development
Funds for the FDL Foods, Inc. Loan
Participation Project, 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-
bets Beurskens, Deich, Hammel,
Klauer. Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 253-82
A Resolution Authorizing Submission
of a Request for Release of Funds for
Certain Community Development
Block Grant Projects.
WHEREAS, the City of Dubuque,
in conformance with the Environmen-
tal Review Procedures for the Com-
munity Development program, con-
vened an ad hoc committee on
September 4, 1982 which completed an
Environmental Assessment of the
following identified project to be fund-
ed in the Conununity Development
Block Grant:
FDL Foods, Inc.
Loan Participation Program
WHEREAS, pursuant to Resolution
No. 242-82, adopted September 7,
1982, Public Notice of a "Finding of
No Significant Effect on the Environ-
ment'' for the project above was
published September 9, 1982, in the
Dubuque Telegraph Herald, a
newspaper of general circulation and
provided for a public comment period
until 12:00 Noon, Friday, September
24, 1982; and
WHEREAS, Public Notice of a
"Finding of No Significant Effect on
the Environment" for the project was
sent by regular mail to various federal,
state and local public agencies and to
the local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
such a Public Notice; and
WHEREAS, any and all objections,
if any, to such a proposal has been du-
ly considered; and
WHEREAS, it is the intent of the
City Council to authorize the submis-
sion of a request to the U.S. Depart-
ment of Housing and Urban Develop-
ment for the release of funds to carry
out the above-identified project.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Envirnomental
Review Record for the project shall
continue to remain on file in the Office
of the City Clerk, where said record
may be examined and copied by any in-
terested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
ment at least seven (7) days after adop-
tion of the Resolution, a request for
release of funds to undertake the said
project.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible Federal Official under the
National Environmental Protection
Act, insofar as the provisions of the
said Act apply to the U.S. Department
of Housing and Urban Development's
responsibilities for review, decision-
making, and action assumed and ca~
tied out by the City of Dubuque as to
environmental issues.
Section 4. That the Mayor of tke City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
370 Special Session, September 27, 1982
Dubuque, to accept the jurisdiction of
the Federal courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making and actiot~
Section 5. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the eh-
vironmental review procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed
to publish a public notice fo~ a Request
for Release of Funds and Certification
in the form of Exhibit "A" attached
hereto and made a part hereof.
Passed. adopted and approved this
27th day of September, 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, Kronfeldt.
Nays--None.
There being no further business
Council Member Beurskens moved ti
adjourn. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kinesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved_ __1982
Adopted __1982
Mayor
Council Members
ATTEST:
City Clerk
Regular Session October 4, 1982
371
CITY COUNCIL
OFFICIAL
Regular Session, October 4, 1982.
Council Met at 7:30 p.m., Council
Chambers, City Hail.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Harley F. Stark, Jr.
Mayor Brady read the call and
stated this Meeting is the Regular
Meeting of the City Council called for
the purpose to act upon such business
which may properly come before the
Council.
Invocation was given by Father
Charles Lang. Dean of Students at
Loras College.
PROCLAMATIONS: Week of Oc-
tober 3rd through 9th as "National
4-H Week in the City" received by Klm
Payne and Paula Vaasen; Week of Oc-
tober 10th through the 16th as "Na-
tional YWCA Teen Week" received by
Michele Wernimont and Dawn Besler;
Week of October 4th through 9th as
"Productivity Improvement Week".
Petition of Attorney Chad C. Leitch,
on behalf of Dubuque Land Develop-
ment, requesting vacating of utility
easement in Lot 5 of Block 8 in Clarke
Crest Estates Subd., presented and
read.
Council Member Klauer moved that
the petition be received and filed.
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
recommending to vacate a public utili-
ty easement in Lot 5 of Block 8 in
Clarke Crest Estates Subd. and that
the matter be set for a Public Hearing,
presented and read.
Council Member Klauer move~ that
the communication be received and
filed and Hearing set for October 18,
1982. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, HammeI,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Attorney Wm. J.
Maiers, representing Terry Maiers and
Ralph Schmitt, making an offer to the
City to purchase Lots 1, 2 and 3 of
lacob Collins Subd. a/k/a 604 Peru
Road, presented and read.
Council Member Hammel moved
that the communication be received
and filed and referred to the City
Manager. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Petition of Mrs. Florence Snyder et
al (50 signers) requesting an Ordinance
that would allow residents to call the
police to tow vehicles that park in
places that have been snow shoveled
out by the homeowner, presented and
read.
Council Member Kronfeldt moved
that the petition be referred to the Cor-
poration Counsel. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Resolution providing for
the repeal of previous actions for FDL
Foods, Inc. Industrial Revenue Bonds
Issue, presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 254-82
A Resolution Rescinding and Repeal-
lng Resolution No. 248-82, and Pro-
riding for the Abandonment of Pro-
ceedings on Issuance of Industrial
Development Revenue Bonds in the
FDL Foods, Inc. Project.
WHEREAS, the City Council of the
City of Dubuque, Iowa has heretofore
adopted Resolution No. 248-82 which
provided, amongst other tlfings, for
the approval of a Memorandum of
Agreement on the issuance of In-
dustrial Development Revenue Bonds
for the FDL Foods, Inc. project, for
the call of a public hearing on such
matter, and for directing the City
Clerk to publish notice of same; and
WHEREAS, it has now been deter-