Loading...
1983 April Counci ProceedingsSpecial Session March 21, 1983 et ux to sell Lots 27 and 28 of M.L. 39 to the City be declined, presented and read. Council Member Klauer moved that the communication be received and fil- ed and recommendation approved. Seconded by Council Member Beur- skens. Carrled by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Deich, Hemmel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager recommending the request of Walter Pregler that Baldwin Dr. be completed from Jonathan Lane to Roosevelt Road be deferred at this time, presented and read. Council Member Klauer moved that the communication be received and filed and recommendation approved. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Delch, Hemmel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Klauer. Carried by the fonowlng vote: Yeas--Mayor Pro-Tem Kluesnar, Council Members Beurskens, Delch, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Mary A. Davis City Clerk Approved __1983 Adopted __1983 Mayor Council Members ATTEST: c~ c~ Regular Session, April 4, 1983 89 CITY COUNCIL OFFICIAL Regular Session, April 4, 1983. Council Met at 7:30 o'clock p.m., in the Council Chambers, City Hall Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Rlauer. 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 the REGULAR MONTHLY MEETING of the City Council called for the put- pose to act upon such business which inay properly come before the Council. Invocation was given by Father Wm. Leonard, Pastor of Nativity Catholic Church. PROCLAMATION: Month of April as "Cancer Control Month" received by Don Leopold of the American Cancer Society; Month of April as "Fair Housing Month". Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to amend Zoning Ordinance to reclassify property located at 2005 Asbury Road from R-2 Single Family Residential District and R-3 Multi- Family Residential District to ID In- stitutional District, presented and read. Don Saunders, of the Bd. of Trustees for Hillcrest, said they were requesting the rezoning because they wished to add to Hillcrest the fo]low- ing: a kitchen area, a fire exit from the lower level and additional classroom space. No objections were received. 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- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 19-83 AN ORDINANCE PROVIDING THAT THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE BE REVISED BY CONDITIONALLY APPROVING THE PRELIMINARY DEVELOP. MENT PLAN AND BY RECLASSI- FYING PROPERTY OF HILLCREST FAMILY SERVICES FROM R-2 SINGLE FAMILY RESIDENTIAL AND R-3 MULTI- FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of March 14, 1983, presented for final adoption. ORDINANCE NO. 19-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, 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 CONDITIONALLY APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND BY RECLASSIFYING THE HEREIN- AFTER DESCRIBED PROPERTY OF HILLCHEST FAMILY SER- VICES FROM "R-2 SINGLE-FAM- ILY RESIDENTIAL DISTRICT" and "R-3 MULTI-FAMILY RESI- DENTIAL DISTRICT" TO "ID INSTITUTIONAL DISTRICT". WHEREAS, Hilicrest Family Ser- vices, as the institution, has filed a Preliminary Development Plan and application for reclassification of hereinafter described property in com- pliance with provisions of the ID Insti- tutional District Regulations as set forth in Section 4-118.6 of Article IV of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission has held a public hearing on the Preliminary Develop- merit Plan and zoning reclassification of said property from "R-2 Single- Family Residential District" and "R-3 Multi-Family Residential District" to "ID Institutional District" classifica- tion pursuant to required published 9O Regular Session, April 4, 1983 notice; and WHEREAS, the Planning and Zon- ing Commission has conditionally approved the Preliminary Develop- ment Plan and said application for zoning reclassification having found that said Preliminary Development Plan conforms with the review stan- dards for Institutional District prelimi- naW development plans as set forth in Section 4-118.6.4 of Article IV of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zon- ing Commission has recommended the concurrence of the City Council in conditional approval of the Prelimi- nary Development Plan and zoning reclassification; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and has hem its own pubhc hearing on said Preliminary Development Plan and said application for zoning reclassifica- tion pursuant to required published notice; and WHEREAS, the City Council has conditionally approved the Preliminary Development Plan and zoning reclassi- fication; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" by adoption of a Preliminary Development Plan and by reclassification from "R-2 Single-Fam- ily Residential District" and "R-3 Multi-Family Residential District" to "ID Institutional District", the follow- ing described property, to wit: Lot 2 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 261, Lot 1 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 2gl, Mettel Link Place, Lot 2 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivi£~on, Lot 1 of Lot I of Lot 2 of Lot 1 of Lot I of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision, and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot I of Lot 1 of Link's Subdivision all in the City of Dubuue, Iowa. Section 2. That the off-street park- ing requirements for office use on the site be established as one (1) space for every four hundred (400) square feet of gross floor area. Section 3. That the classroom faci- lities meet City Building Codes and include landscaping plans in the final development plans. Section 4. That failure by the insti- tution to file a Final Development Plan within one (1) year of the effec- tive date of this Ordihance may require rest~bmission of a preliminary develop- ment plan subject to the requirements of Section 4-118.6.3 of Article IV of Appendix A of the Code of Ordinances of the City of Dubuue, Iowa, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, PASSED, APPROVED AND ADOPTED this 4th day of April, 1983. James E. Brady, MAYOR Aq~FEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of April, 1983. Mary A. Davis City Clerk it 4/22 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Attorney Leo A. McCarthy requesting an amendment to the Memorandum of Agreement and rescheduling of Public Hearing regarding Industrial Revenue Bonds for Frommelt Industries now to be known as Fronunelt Partnership Pro- ject, presented and read. Attorney Leo McCarthy, on behalf of Frommelt Ind. requested the rescheduling of the Public Hearing and the extension of the Memorandum of Agreement. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Dsich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION 61-83 Resolution Authorizing the Execu- Regular Session, April 4, 1983 91 tion of an Amendment to a Memoran- dum of Agreement with Frommelt In- dustries, Inc. WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer") is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assem- bling of any agricultnral or manufac- tured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multi-state business; and WHEREAS, the Issuer has been re- quested by Frommelt Industries, Inc. (the "Company") to issue its revenue bonds pursuant to the Act for the pur- pose of financing the acquisition by construction or purchase of buildings, equipment and improvements suitable for use as a manufacturing plant for material handling equipment (the "Project"), located within the Issuer; and WHEREAS, a Memorandum of Agreement has heretofore been entered irto between the Issuer and the Company under the terms of which the Issuer agreed, subject to the provi- sions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such pur- pose; and WHEREAS, the commitments of the Issuer and the Company under the Memorandum of Agreement are sub- ject to the condition that the Issuer and the Company on or before April 19, 1983, shall have agreed to mutually acceptable terms relating to the is- suance and sale of such bonds; and WHEREAS, due to a delay in the in- itiation of the Project, the Company has now requested an extension of the deadline within the Memorandum of Agreement for the reaching of agree- ment as to mutually acceptable terms relating to the issuance and sale of such bonds; and WlfEREAS, the Company also desires to assign its interests and rights in and to the Project and under the Memorandum of Agreement to Frommelt Partnership, an Iowa General Partnership, which comprises Paul ,L Frommelt, Robert J. From- melt, David J. Frommsit, John A. Frommelt, and Nicholas L. Frommelt, as general partners, each of whom is principal shareholder of the Company (the "Partnership"); NOW. THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Issuer hereby con- sents to an assignment by the Com- pany of its rights and interests in and to the Project and under the Memoran- dum of Agreement to the Partnership. Section 2. The Amendment to the Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Amendment to the Memorandum of Agreement and the Clerh is hereby authorized to attest the same and to af- fix the seal of the Issuer thereto, said Amendment to the Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 3. Officials of the Issuer are hereby authorized to tahe such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement and the Amendment to the Memorandum of Agreement. Section 4. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed, adopted and approved this 4th day of April, 1988. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk EXHIBIT A AMENDMENT TO MEMORANDUM OF AGREEMENT THIS AMENDMENT TO MEMORANDUM OF AGREEMENT 92 Regular Session, April 4, 1983 is between the City of Dubuque, iowa, (the "Issuer") and Fronunelt In- dustries, Inc. (the "Company"), and Frommelt Partnership, an Iowa General Partnership (the "Partner- ship"). 1. Preliminary statements. (al Thc Issuer and Company heretofore entered into a Memoran- dum of Agreement dated as of Oc- tober 19, 198], under the terms of which the Issuer agreed, subject to the provisions of such Agreement, to pursue proceedings necessary under Chapter 419 of the Code of Iowa to issue its revenue bonds in an ag- gregate amount not to exceed $5,000,000 (the "Bonds") for the purpose of financing the acquisition by construction or purchase of buildings, equipment and im- provements suitable for use by the Company as a manufacturing plant for ~naterial handling equipment (the "Project"). (b) The Company desires to, and pur- suant to separate documents has or will, assign its interests and rights in and to the Project and under the Memorandum of Agreement to the Partnership. (c) The Company and the Partner- ship desire an extension to the deadline stated in the Memorandum of Agreement by wtfich the Issuer and the Company, or the Partner- ship as the Company's assignee, must have agreed to mutually accep- table terms relating to the issuance and sale of the Bonds. 2. Consent of the Partnership. The Partnership hereby agrees to assume all the duties and obliga- tions of the Company as stated in the Memorandum of Agreement, as amended herein. 3. Consent of the Company. The Company specifically consents to the assumption by the Partner- ship of the Compauy's duties and obligations under the Memorandum of Agreement, as amended herein. 4. Consent of the Issuer. Tlie Issuer consents to the assump- tion by the Partnership of the Com- pany's duties and obligations under the Memorandum of Agreement as amended herein. 5. General Amendment Provisions. (a) The Parties hereto agree and state that the Project as described in the Memorandum of Agreement re- mains unchanged; except that the acquisition of the Project shall now be by the Partnership, which shall lease the Project to the Company for use as stated in thc Memorandum of Agreement. (b) The commitments on the part of the Issuer and the Partnership, as assignee of the Company, as stated in the Memorandum of Agreement are confirmed except that said com- mitments are subject to the condi- tion that on or before two years from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Partnership shall have agreed to mutually acceptable terms relating to the issuance and sale of the Bonds for the purposes stated above. Dated this 4th day of April, 1983 Dubuque, Iowa By James E. Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal) Frommelt Industries, Inc. By: Robert J. Fro~rm~e]t, Vic~President (Seal) and Paul J. Frommelt, Secretary Fronunelt Partnership, an Iowa General Partnership (Seal) By: Paul J. Fro~melt, General Partner (Seal) Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO, 62-83 Resolution fixing a date for a second hearing on proposed Industrial Development Revenue Bonds, Series 1981 (Frommelt Industries, Inc. Pro- ject) and changing the project designa- tion thereof WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa (the "Issuer"), is an incorporated municipality authorized and em- powered 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 construction or Regular Session, April 4, 1983 93 purchase, land, buildings, im- provements and equipment or any in- terest therein, suitable for the use of any industry or industries for the manufacturing, processing or aseem- bfing of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer was previously requested by Frommelt In- dustries, Inc. (the "Company"), an Iowa corporation, to issue its revenue bonds to finance the cost of the ac- quisition by construction or purchase of buildings, equipment and im- provements suitable for use as a manufacturing plant for material handling equipment (the "Project") located within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it was previously pro- posed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1981 (Frommelt Industries, Inc. Pro- ject) of the Issuer in an aggregate prin- cipal amount not to exceed $5,000,000 (the "Bonds") and to loan said amount to the Company under a Loan Agree- ment between the Issuer and the Com- pany the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and in- terest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer previously conducted a public hearing on the pro- posal to issue said Bonds, all as re- quired and provided for by Section 419.9 of the Act; and WHEREAS, since the public hear- ing the Company has proposed and the Issuer has consented to an assignment by the Company of its interests in and to the Project to Frommelt Partner- ship, an Iowa General Partnership, (the "Partnership"), which Partner- ship has agreed to assume all the duties and responsibilities of the Com- pany with respect to the Project and the Bonds; and WHEREAS, the Partnership pro- poses to acquire the Project and to lease it to the Company for the use stated above; and wHEREAS, the Issuer deems it in the public interest to conduct a second public hearing with respect to the pro- posal to issue its Bonds for the financ- lng of this Project; NOW THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the City Hall Council Chambers in Dubuque, Iowa, on the 2nd day of May, 1983, at Z'30 o'clock, p.m., at which time and place a second public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds; provided, however, that the Bonds shall be redesignated Industrial Development Revenue Bonds, Series 1983 (Frommelt Partne~ ship Project). Section 2. The Clerk is hereby directed to give notice of intenHon to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less that fifteen (15) days prior to the date fixed for the hearing, in the TELEGRAPH HERALD, a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1983 (Frommelt Partnership Project) The City Council of the City of Dubuque, Iowa~ (the "Issuer") will meet on the 2nd day of May, 1983, at City Hall Council Chambers, in Dubu- que, Iowa, at 7:30 o'clock, p.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1983 (Frommelt Partnership Project) of the Issuer. in an aggregate principal amount not to exceed $5,000,000 (the "Bonds"), and to loan said amount to Frommelt Partnership (the "Com- pany''), an Iowa General Partnership, for the purpose of defraying the cost, to that amount, of the acquisition by Regular Session, April 4, 1983 construction or purchase of buildings, equipment and improvements suitable for use as a manufacturing plant for material handling equipment, which facilities are presently intended to be leased to Frommelt Industries, Inc., and are to be located within the Issuer. The Bonds, when issued, will be limited obligations and will not con- stitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the prin- cipal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 4th day of April, 1983. Mary A. Davis City Clerk Section 3. All resolu~ons and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed, adopted and approved this 4th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Doich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klauer, Klu~sner, Kronfeldt. Nays--None. Petition of Classie G. Hoyle re- questing: to address the Council regar- ding the resignation of Clarence Duffy from the Human Rights Commission AND Petition containing approx- imately 194 signatures requesting a review of tho appointment of Clarence Dully to the Human Rights Comm., presented and read. Council Member Beurskens moved that the petitions 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. Classie Hoyle, 3053 Asbury, re- quested that Clarence Duffy's resigna- tion be called for, stressing she did not attack him personally, but rather his racial attitude. Kevin McGee, 1655 Marjorie Circle, stated that the qualifications necessary for a Human Rights Com- missioner (serious attitude, respect and enforcement) were not apparent in Mr. Duffy and thus it was a mistake to appoint him. John Taylor, 3904 Short St., ques- tioned the humor in racism. Ethel Cherioli, 2777 Broadway, stated support of Clarence Duffy. Linda Osterkamp, 1671 Avoca, on behalf of the Dubuque Chapter of NOW. requested the Council seriously consider the information set forth tonight. Richard Carr, 382 E. 21st St., ques- tioned what happens to the written ap- plications of the 17 applicants, were there any personal interviews- how many and with whom, what groups did Council decide to pick Commissioners from, and what is the procedure when a Commissioner leaves a Commission? Karia Braig, 175 S. Hill St., as a Human Rights Commission applicant, expressed disappointment in the pro- cedure used to choose Commissioners. Ann Bodnar, 990 W. 3rd, stressed that groups are not being treated equally and that they should consider the process of selection. Murray Crawford, 2065 Broadlawn, objected to racial names. O. C. Wimley stressed that represen- tatives of 25 groups were in atten- dance and they wanted justice done and that Mr. Duffy's resignation should be asked for. Wilbur Leonard, 507 Garfield, stated that Mr. Duffy should be given a chance and that he was being persecuted tonight. Rev. Wm. Dix, 405 Hill St., Pastor of the United Pentecostal Church, stress- ed that only a sick society uses racial jokes. Maggie George, 1024 Patricia Ann Dr., questioned the criteria for ap- Regular Session, April 4, 1983 95 pointments and requested Mr, Duffy's resignation be brought about. Shimon Ra~nirez, 754 Sunset Ridge, stated he would not stop til Mr. Duffy was removed from the Commission. Ed Rosenow, 9 E. 26th St., stated that Mr. Duffy had apologized for past behavior and now should be allowed to continue with the work on the Com- JoAnn Hall, 1858 Avalon, question- ed the clarification of Mr. Duffy's ap- pointment. Hank Goldstein, R.R. #4, questioned the clarification of the qualities necessary to be on the Human Rights Commission, Council Member Deich moved to reimpose the rules. Seconded by Coun- cil Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt, Nays--None. After discussion, Council Member Klauer moved to go on record as support- Lng Mr. Duffy's appointment to the Human Rights Commission. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner. Nays--Council Member Kronfeldt. Petition of Planning and Zoning Commission requesting further action from Council on the zoning of the area known as the North Sector, presented and read. Council Member Hammel moved that the petition be received and filed and matter be placed on the Agenda for Public Hearing. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. William Neumeister, 3674 Crescent Ridge, stated he believed that the Council was very much underpaid and no need to justify increase. ORDINANCE NO. 20-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 2-21 IN LIEU THEREOF TO PROVIDE FOR THE COMPENSATION OF THE MAYOR AND COUNCIL MEMBERS EFFECTIVE JANUARY 1, 1984 ($5,500 FOR MAYOR AND $4,200 FOR COUNCIL MEMBERS), said Ordinance having been presented and read at the Council Meetings of March 12, 1983, and March 21, 1983, presented for final adoption. ORDINANCE NO. 20-83 AN ORDINANCE AMENDING THE CODE OR ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 2-21 THEREOF AND BY ENACTING A NEW SECTION 2-21 IN LIEU THEREOF TO PROVIDE FOR THE COMPENSATION FOR THE MAYOR AND COUNCIL MEM- BERS 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 repealing Section 2-21 thereof and by enacting a new Section 2-21 in lieu thereof as follows: Sec. 2-21. Compensation. (a) The compensation for the mayor shall be three thomand five hundred dollars ($3,500.00) per annum and the compensation for council members shall be three thousand dollars ($3,000.00) per annum. (b) Effective January 1, 1984, the compensation for the mayor shall be five thousand five hundred dollars ($5,500.00) per annum and the com- ' ~nsation for council members shall be four thousand two hundred dollars ($4,200.00) per annum. Passed, approved and adopted this 4th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of April, 1983. Mary A. Davis City Clerk Regular Session, April 4, 1983 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskcns, Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. RESOLUTION NO. 63-83 BE IT RESOLVED, by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, lowa, be granted a per trot to sell Cigarettes and Cigarette Papers within said City. Douglas Fink and Richard Pitz 760 E. 16th St. Steve Smith 2418 Central Ave. Steve Smith 1585 Delhi St. Passed, adopted and approved this 4th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 64-83 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 Kopp and Treanor, Inc. 2327 Central Avenue SPECIAL CLASS "C" BEER & WINE LICENSE Dubuque Art Association 720 Central Passed, adopted and approved this 4th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk. Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner~ Kronfeldt. Nays--None. RESOLUTION NO. 65-83 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT St. Patrick's Parish Corp. 1425 Iowa St, (Also Sunday Sales) CLASS "C" BEER PERMIT Leonard Oil Company 1387 Dodge St. (Also Sunday Sales) Passed, adopted and approved this 4th day of April, 1983~ James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- Regular Session, April 4, 1983 bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None, MINUTES SUBMITTED: Airport Comm. of 3-15 (approved), presented and read. Council Member Kluesner 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. Cable Regulatory Comm. of 3-9; Park & Rec. Comm. of 3-14 (unapprov- ed); Five Flags Comm. of 3-21 (unap- proved); Housing Comm. of 4-23 (ap- proved); Dock Bd. of 1-19, 12-9 and 3-15 (all approved); Planning and Zon- ing of 3-2 (approved) and 3-16 (unap- proved); Transit Bd. of 3-19 (approved), presented and read. Council Member Hammel 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 City Manager re- questing City Clerk be authorized to publish public notice that a summary of the budget as adopted by the City Council be made available for public in- spection, presented and read. Council Member Hammel moved that the communication be received and filed and authorization granted. 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 Darlene Hantelmann, Personnel Assistant, ad- vising the "Youth in Government Pro- gram" will be held on April 11, 12, & 13, 1983, presented and read. Council Member Hammet moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfetdt. Nays:-None. NOTICES OF CLAIMS AND SUITS: Mildred Frommelt, in unspecified amt. for personal injuries received in a fall on or about 10-3-82; Telegraph Herald vs. City of Dubuque et al submitting Petition of Man- damus for the production of public records, presented and read. Council Member Hammel 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communications of Corporation Counsel recommending settlements of tire damage claim of Kenneth E. Reach in amount of $58.04; Property damage claim of LuVern H. Stockel in amount of $120.09; Motor vehicle damage claim of Gloria H. VanVors in the amount of $99.92, presented and read. Council Member Hammel moved that the communications be received and filed and settlements approved with the Finance Director to issue pro- per checks. 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, Communications of Corporation Counsel recommending denials of tire damage claim of David A. Christensen; Personal Injury Claim of Elmer P. Petersen, on behalf of his son, Christian; Personal Injury Claim of David Travis; and Tire Damage Claim of Eugene H. Zasada, presented and read. Council Member Hammel moved that the communications 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, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on List of Claims paid for month of February, 1983, presented and read. Council Member Hammel moved that the proof of publication be 98 Regular Session, April 4, 1983 received and filed. Seconded by Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hamme] Klauer, Kluesner; Kronfeldt. Nays--None. March 23, 1983 Honorable Mayor and Members of the City Council In accordance with the provisions o Chapter 400 of the 1981 Code of Iowa the Civil Service Commission con- ducted Promotional Examinations on March 10, 1983 for members of the Fire Department. We do hereby certify that the follow- ing members of the Fire Department have passed the written promotional examination for the position of Assis- tant Chief/Training Officer with a score of seventy percent (70 %) or bet- ter. Assistant Chief/Training Officer James C. Miller Frank B. Potter Francis Basten Kenneth Link Respectively submitted, John E. Hess Chairperson G. W. Koppes Dolores A. Reihie Civil Service Commission ATTEST: Mary A. Davis Secretary Council Member Hammel moved that the above communication be made a matter of record. 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 James P. Curoe submitting resignation from the City Board of Review effective immediately (term to expire 1-1-85) presented and read. Council Member Hammel moved that the communication be referred to the Conference Board. Seconded by Council Member Klauar. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Group W Cable submitting Financial Report for period of 12-31-81 and 12-31-82, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- Yeas--Mayor Brady; Council Mem- bers Beurskens. Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Wm. Neumeister, 3674 Crescent Ridge, set out specific questions relative to the Crescent Ridge Sanitary Sewer Phase II project, ques- tioned why A. Y. McDonald Mfg. Co. is even considering drilling their own well, stated he was willing to con- tribute toward a complete investiga- tion of meter and parking ramp in- vestigation and stated that now is the time to rent the crop land at the FDR Park. There being no further business, Council Member Klauer moved to ad- journ. Seconded by Council Member Delch. 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 1983 Adopted 1983 Mayor Council Members 'ATTEST: City Clerk Spedal Ses~on, A~ril11,1983 99 CITY COUNCIL OFFICIAL Special Session, April 11. 1983. Council Met at 7:30 o'clock p.m.. in the Public Library Auditorium. 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 conduct a PUBLIC HEARING ON THE CONCSTRUC- TION OF CRESCENT RIDGE SANITARY SEWER PROJECT, PHASE II, and acting upon such other business which may properly come before the Council. Invocation was given by Dr. John Baird, Professor of Homiletics & Ministry at the University of Dubuque Theological Seminary. PROCLAMATIONS: Week of April 10-16, 1983 as "Boys' Club Week" received by several members of the Dubuque Boys Clqb; Week of April 17-23, 1983 as "Professional Social Work Week". Mayor Brady swore in the "Youth in Government" officials: · Mayor--Tom Kutsch. Council Members--Michael Welu, Kel- ly Goffinet, Nell Domeyer, Bill Gorton, Janie Lyons, Michael O'Hara. City Manager--Rod Ahmann. City Clerk--Karla Blaser. Corporation Counsel--Karl Kruse. Council Member Kluesner moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to designate as architectural- ly significant the property located at 419 Bluff St., presented and read. There were no written objections received. Mary Ransdell, 653 W. llth St., as part owner of the property, re- quested favorable approval of the designation. Codncil Member Ktauer 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, Hammvl, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 66-83 A Resolution Designating as Architec- rurally Significant the Property Located at 419 Bluff Street and Hereinafter Described, Pursuant to the Requirements of Appendix A of the Code of Ordinances. WHEREAS, the City Council has heretofore passed, approved and adopted an ordinance perr~,itting structures with historical or architec- tural significance to be used for certain low-intensity commercial uses; and WHEREAS, the City Council has received a request to designate the ~tructure situated on the real estate hereinafter described as being ar- chitecturally or historically significant for the purposes of the Zoning Or- dinanca; and WHEREAS, the City Council has received and reviewed the conm~ents of the State Historic Preservation Of- ricer, the Dubuque Historic Preserva- tion Commission and the Dubuque County Historical Society regarding the historical and architectural significance of said structure; and WHEREAS, the City Council has held a public hearing for the purpose of hearing all interested parties and con- sidered aH objections to the proposed designation; and WHEREAS, all interested parties have been given the opportunity to.be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structure located on the real estate hereinafter described be and the same is hereby deemed and 'ound to have architectural significance, which real estate is described as follows: 419 Bluff--Lot 2 of Lot i of Lot I of ~ 100 Special Session, April 11, 1983 Walker Bluff Street Place, in the City of Dubuque, Iowa. Section 2. That the passage and adoption of this Resolution is in con- junction with and in accordance with Appendix A of the Code of Ordinancea also known as the Zoning Ordinanc~ and Zoning Map of the City of Dubu- que, Iowa. Passed, adopted and approved this 4th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolutlon. Seconded by Council Me~nber Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mere bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to property owners for con- structhin of Crescent Ridge Sanitary Sewer, Phase II, AND Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for proposed plans and specs., etc., for construction of Crescent Ridge Sanitary Sewer, Phase II, presented and read. Council Member Kluesner moved that the proofs of publication be received and filed. Seconded by Coun- cil Member Beurskens. Carried by the following vote: Yeas~-Mayor Brady, Council Mem- bers Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Delch. Certificate of City Clerk stating notices were mailed to known property owners by certified mail on March 25, 1983, presented and read. Council Member Kluesner moved that the Certificate be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Deich. Petition of James M. and Rhonda H. Wernimont protesting to their esti- mate received regarding above project AND Petition of Donald Nelson ob- jecting to the Crescent Ridge Sanitary Sewer Phase li project for various reasons, presented and read. Council Member Kinesner moved that the petitions be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeast-Mayor Brady, Council Mem- bers Beurskens, Hammel, Klauer, Kluesner, Kronfeldt; Nays--Council Member Deich. Wm. Neumeister, 3674 Crescent Ridge, questioned why the sewer stopped at the "Y" Motel instead of going to the Coach House and Min- nesota Plywood; how the sower would be low onough to hook up his house with gravity drainage; that the assessments should be the same rate as the streets. Jim Wernimont, 3690 Croscont Ridge, objoctod to the method of assossing everyono the same amount, the amount of the assessment and the fact that they soon will be assessod for stroot repairs. Don Nolson, 3603 Crescent Ct. ques- tioned how the estimate (assessmont) was made; objectod to the Lot 6 assessment; questioned the timo of year for the work being done; questioned possible damago to proper- ty and the estimated cost of the sewage connection. Chuck Ray, 3636 Croscont Ridge, questionod how the City would make restitution for damaged septic tanks. Norman Gerstkamp, 3639 Crescont Ridge, questioned the reasoning for the City doing this project when it wasn't petitioned for and would cost so much. Mrs. Maude Clark, 3651 Crescent Ridge, stated she would not be able to pay for the assessment as she is a widow and retired; also that there might be a ground retention problem if there is much excavation. Kevin Schmitt requested that the City should give these residents $4500 rather than assessing them that amount so they can just fix up their septic, systems. Herman Gorton, 35~9 Crescent Ct. stated his and several other septic systems are not functioning correctly and that he is in favor of the project. Ron Johnson, 3607 Crescent Ct., stated concurrence with Mr. Nelson. Special Session; April 11, 1983 101 Necessity for Improvement RESOLUTION NO. 47-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the of- fice of the City Clerk showing amon~ other things the plans, specifications form of contract, estimated cost and prelindnary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the Crescent Ridge Sanitary Sewer, Phase II. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein ~nentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against privately owned proporty lying within the assessmont limits, and in an amount not to excoed that provided by law, and in proportion to the special benefits conforred. The portion of the cost which shall be borne by the City will be paid from the Sanitary Sewer Construction Fund, and special assessment bonds may be issuod in anticipation of deferred paymonts of assessments when a contract has been performed and accepted, and the proceed thereof used to pay the contractor. The above resolution was intro- duced, approvod and ordered placed on file with the City Clerk this 14th day of March, 1983. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Record of Final Adoption The forgoing resolution was finally passed and adopted, as proposed, by the City Council this 11 th day of April, 1983. James E. Brady Mayor Certificate of Clerk It is hereby certified that at the times set for the final consideration of the above resolution no remonstrance had been filed with the Clerk signed by owners subject to seventy-five percent or more of the amount of the proposed assessments. 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 Me~n- bets Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Deich. Decision of Council Upon Objection to Plans, Specifications, Form of Contract and Cost of lmprovenments RESOLUTION NO. 67-83 WHEREAS, proposod plans and specifications and form of contract for the Croscent Ridge Sanitary Sower, Phase II have beon approvod by the City Council of the City of Dubuquo and public notico given as provided by the Code of Iowa pertaining to public contracts and bonds, and the fime and )lace fixed for the bearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 11th day of April, 1983; and WHEREAS, the City Council met in special session this 11th day of April, 1983, at 7:30 p.~n. at the Public Library Auditorium for the purpose of hearing all interested parties and con- sidering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; 102 Special Session, April 11, 1983 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED, that this resolution containing the decision of this City Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this llth day of April, 1983 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Deich. (Ordering Construction) RESOLUTION NO. 68-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU~ QUE that pursuant to a resolution of necessity No. 47-83 which was duly passed by this Council for the Cres- cent Ridge Sanitary Sewer, Phase II be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the p~tition of property owners. AH the work shah be constructed in accor- dance with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of making said improvement will be assessed par- tially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proporCwn to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Sanitary Sewer Construction Fund, and special assess- ment bonds may be issued in anticipa- tion of deferred payments of assessments when a contract has been performed and accepted and the pro- ceeds thereof used to pay the contrac- tor, BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation hi the City of Dubuque, Iowa, which notice shall not be less than four nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. on the 3rd day of May, 1983. Bids shall be opened and read by the City Clerk at said time and will be submitted to the' Council for final action at a meeting to be held at the Public Library Auditorium at 7:30 p.m. on the 2nd day of May, 1983. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 11th day of April, 1983 James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of tile Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Deich. Communication of P & Z resubmit- ting Ordinances regarding zoning for North Sector and properties adjacent to same, presented and read. Council Member Beurskens moved that the communication be received and friedi Seconded by Council Member Kinesuer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Special Session, April 11, 1983 An ORDINANCE Amending Zon, Lng Map with regard to properties in the North Sector of the territory in- voluntarily annexed to the City of Dubuque, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deicb, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on May 2, 1983 at 7:30 p.m. in the City Hall Council CHambers and that the City Clerk be instructed to publish notice in the manner re- quired by law. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. An ORDINANCE Amending Zon- ing Map with regard to properties ad- jacent to the North Sector in the City, presented and read. Council Member Beurskens moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Klu0sner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets 'Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, 103 Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on May 2, 1983 at 7:30 p.m. in the City HaH Council Chambers and that the City Clerk be instructed to publish notice in the manner required by law. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Klauer moved that they change the R-2 Zoning north of Roosevelt to AG, adjacent to triangle (immediately west of Fillmore). MOTION FAILED DUE TO LACK OF A SECOND. Council Member Deich moved that the zoning of Flexsteel go to H-I. Seconded by Council Member Klauer. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Deich, Klauer. Nays-- Council Members Benr- skens, Hammel, Kluesner, Kronfeldt. MOTION FAILED. Council Member Beurskens moved that the North End Wrecking Co. area go from AG zoning to H-I zoning. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Membere Beurskens, Deich, Klauer. Nays--Council Members Hammel, Kluesner, Krenfeldt. Petition of John Shutters d/bls Dubuque Pawnbrokers submitting an appeal to the M~yor and City Council regarding revocation of license as a pawnbroker or se~endhand dealer st 1030 Main St., presented and mad. Council Member gl~uer mowd that this be deferred for one week. Second- ed by Council M~nber H~ad, Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Benrekens, Deich, Hammel, Klauer, Kineener, Kronfeldt, Nays--None, Verbal request of Dan DeLaney, Mgr, of Group W Cable TV, pertaining to cable rate increases. Council Member Klauer moved that Mr, Delaney put this request in written form and properly put on Agenda for next week Council Meeting (possible 104 Special Session, April 11, 1983 $1 increase vs. $2 increase). Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Verbal petition of Council Member Beurskens requesting discussion on changing Council Meeting dates. Council Member Beurskens moved that starting in May, 1983, the meetings be held on the first and third Mondays of each month, with Agenda packets ready for pick-up at 4:00 p.m. on the preceding Wednesday. Seconded by Council Member Kronfeldt. Carried by the following vote: Ycas--Councll Members Beurskens Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Members Deich, Klauer. BOARDS AND COMMISSIONS Mechanical Board Council Member Kluesner moved that Paul Brashaw and Robert Bush be reappointed and Peter Darby be ap- pointed to the Mechanical Board for a three year term which will expire March 16, 1986. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Klauer, Klueener, Kronfeldt. Nays--Mayor Brady. Business Licenses Lores College requesting transfer of Class "B" Beer Permit to Keane Field off of Lores Blvd. on April 30, 1983, presented and read. Council Member Doich moved that the transfer be approved. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 69-83 BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to t~e sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Gary Boffeli 2501 Rhomberg Ave. Francis J. Shanahan 2480 University Ave. Passed, adopted and approved this llth day of April, 1983. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member K!auer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 70-83 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED~ By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "C" BEER PERMIT Raymond L. & Kandis L. Haggstrom 3412 Pennsylvania Ave. (Also Sunday Sales) Passed, adopted and approved this 11th day of April, 1983~ James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution, Seconded by C~uncil Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 71-83 WHEREAS, Applications for Li- quor Licenses have been submitted to Special Session, April 11, 1983 105 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 Ordinance~ 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 Knights of Columbus Council #510 781 Locust St. (Also Suncay Sales) Jeanniae A. Kersch 1555 Central Ave. (Also Sunday Sales) Passed, adopted and approved this 11th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution, Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Dock Bd. of 3-9--WORK SESSION of 3-22 & 3-29; Chaplain Schmitt Memorial Island Committee of 2-14, 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. Nays--None. Communication of Corporation Counsel recommending settlement of auto damages claim of Gerald Stangl, in amount of $262.53, presented and read. Council Member Klauer moved that the communication be received and filed and that the Finance Director to issue the proper check. Seconded by Council Member Beurskens. Carried by tho following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recommending denial of per- sonal injury claim of Michael Gagne, presented and read. Council Member Klauer moved that the communication be received and filed and the denial approved. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klauer, Klueener, Kronfeldt. Nays--None. Communication of Delos Dorweiler supporting "Public Safety Director" position and establishing of Emergen- cy Phone Number 911, 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- bets Beurskens, Deich, Hammel, Klauer, Klnasner, Kronfeldt. Nays--None. NOTICES OF CLAIMS & SUITS: DB&T Co. vs. Elmer Feldmeo et ux questing foreclosure of mortgage; Mrs. Thomas Hantelmann, in unknown amount of $56.90 for tire damages; Mrs. Rosella Flach in unknown amount for personal injuries received in fall at Five Flags Center, presented and read. Council Member Klauer moved that the claims and suits 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- bets Beurskens, Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. REFUNDS REQUESTED: Shanahan DX, $25 on unexpired Cigarette License; Dubuque Art Association $75 on unexpired Class "B" Beer Permit, presented and read. Council Member Klauer moved that the refunds be granted and Finance Director to issue the proper check. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- 106 Special Session, April 11, 1983 bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Robert J. O'Brien, et al (89 signers) objecting to any plan which would place the financial burden of street maintenance upon the abut- ting property owners (St. John Dr. area), presented and read. Council Member Rlauer moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of West Side Business and Professional Association of Dubuque requesting southerly per- tion of Kennedy Road be completed as soon as possible and cost thereof not be borne by the adjacent property presented nd 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, Deich, HammeL Klauer, Kluesner, Kronfeldt. Nays--None. Val Pins, 754 Caledonia, stated that not enough consideration was being given Mr. Duffy, and that he is a necessary part of the Little Dublin News. Dr. Neumeister stated that anyone who builds in the Dubuque In- dustrial area should use City water rather than be allowed to dig their own well; questioned if the farm has been rented out at FDR Park; questioned where monies from raid off fire & police dept. is going; questioned where the in- vestlgation of the meter money theft is currently. Christian Smith, 2136 N. Main, re- quested that Group W Cable TV Co. block off all "R" rated channels. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved~ .... 1983 Adopted 1983 Mayor Council Members ATTEST: City Clerk Special Session, April 18, 1983 107 CITY COUNCIL OFFICIAL Special Session, April 18, 1983. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. 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 CONDUCT A PUBLIC HEARING TO CONSIDER AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF THE JACKSON PARK HISTORIC PRESERVATION DISTRICT and acting upon such other business which may properly come before the Council. Invocation was given by Rev. Wm. L. Dix, Pastor of the United Pentecostal Church, PROCLAMATIONS: Week of April 24 to 30 as "Professional Secretaries Week"; Week of April 17-23 as "Health-Care Volunteer Week" received by Jean Kohl; Week of April 17th as "Victim Rights Week"; Week of April 17-23 as "National Library Week" received by Eileen Coursey and Doris Slattery; Week of April 18-23 as "Volunteer Week" received by Cindy Norman; Week of April 24-30 as "Very Special Arts Festival Week" received by Inga Schilling and Ted Blanchard; Week of April 24-30 as "National YWCA Week" received by Jerry Ida; Week of May 9-15 as "Dental Hygienists' Recognition Week" received by Sharon Kuttler; Week of April 17-23 as "Dubuque Optimist Bicycle Safety Week" received by Ron Ganson. Council Member Deich moved that the rules be suspended to let anyone present address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deicli, Hammel, Klauer, Khieener, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hea~ing providing for the establish- ment of the Jackson Park Historic Preservation District, presented and read, There were no written objections received. Paul Peckosh and Rev. Wm. Wilkle of Loras College, as Historic Preservation Comm. members, stressed the positive and unique fac- tors in this proposed designation. Ann Michalski, 1504 Iowa St. and St. Patrick's Pastoral Ass't, stressed that as a property owner and on behalf of St. Pat's Parish, they were support- ive of this designation. Bob Wild, 1025 Grove Terraae, stated that the 11 th St. Neighborhood was in favor of the desig~mtion. Mary Hickey, 1560 Iowa St., Dennis Naughton, 1655 Main St., and Fran Henkels, Loras and Main St. as area property owners, were in support of the designation. Ruth Nash, 596 W. 11th St., stressed that tourism is a great resource for Dubuque and historical designation aids the flavor of Dubu- que, which attracts tourists. Council Member Kronfeldt moved that the proof of publication be received and filed. Seconded by Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting materials regarding pro- posed designation of Jackson Park Conservation District, 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. ORDINANCE NO. 21-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY EN- ACTING A NEW SECTION 6.3 OF CHAPTER 19~ TO PROVIDE FOR THE ESTABLISHMENT OF THE JACKSON PARK HISTORIC PRESERVATION DISTRICT, said Ordinance having been presented at the Council Meeting of February 21, 1983, presented for final adoption. 108 Special Session, April 18, 1983 ORDINANCE No. 21-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA BE AMENDED BY ENACTING A NEW SECTION 6.3 OF CHAPTER 19V2 TO PROVIDE FOR THE ESTABLISHMENT OF THE JACKSON PARK HISTORIC PRESERVATION DISTRICT, CON- TAINING THE PROPERTIES HEREINAFTER DI~SCRIBED AND PURSUAN;F TO THE REQUIREMENTS OF CHAPTER 191/2, OF THE CODE OF ORDI- NANCES. WHEREAS, Chapter 19~/2 of the Code of Ordinances. City of l~ubuque, Iowa provides for the identiTication and designation of historic districts upon petition or upon the initiative of the Historic Preservation Commission and WHEREAS. petitions have been filed with the Historic Preservation Commission. requesting designation of such historic district for properties in the Jackson Park area and along Bluff and Locust Streets from Ninth Street to West Seventeenth Street; and WHEREAS, the Historic Preserva- tion Commission has heretofore reviewed the City's 1979 Architectural Survey describing the architectural resources of the proposed Jackson Park Historic Preservation District, and has made a recommendation in favor of establishing said district; and WHEREAS, the Planning and Zen- lng Commission has reviewed the pro- posal and has found it to be consis- tent with general development plans and zoning regulations pertaining to the proposed District; and WHEREAS, the City Council has conducted a public hearing on the pro- posal to designate the properties hereinafter described as the Jackson Park Historic Preservation District, according to provisions of Chapter 19V2 of the Code of Ordinances, and all pro- visions and conditions of said Chapter 19~/2 have been fulfilled. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Chapter 19~/z of the Code of Ordinances of the City of Dubuque, Iowa, known as the City of Dubuque Historic Preservation Ordi- nance, be amended by enacting a new Section 6.3 to read as follows: "Section 19~/z-6.3 Jackson Park His- toric Preservation DistricL la~ Designated. The properties hereinafter described are hereby desig- nated as a historic preservation dis- trict, according to provisions of Chapter 19~/2 of the Code of Ordi- nances, to wit: Beginning at the intersection of West 17th and Heeb Streets, north along Heeb Street to the south line of M.A. Rebman's Sub.; west along said line and the south line of Duncan's Sub. to the west line of Lot 4-C.L. 674'; south along said 6ne to the south line of Lot 2-5-C,L. 674; west along said I~ne and along the south line of Lot i-5-C.L. 674 to Main Street; west across Main Street and Madison Ave- nue to the north line of Lot 5-2-C.L. 673; continuing west along said line to the west line of said lot; south along said line to Dorgan Place; west along Dorgan Place to the east line of Lot 1- 1A-Dorgan's Sub.; southwest along said line and along the east llne of Lot 1-1-Dorgan's Sub. and its extension of West 17th Street; first south then in a counterclockwise manner along the westerly line of D,N. Cooley's Sub. and its southerly extension to the north line of Lot 1-3-C.L. 667; east along said line to the esst Ihie of said lot; south along said line and the east line of Lot 2-3-C,L. 667 to the south line of Lot 2- l-C.L. 667; east along said line to Bluff Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said line to the east line of Lot 769B of A. McDaniel's Sub,; south along said line and the east R,O.W. line of Grove Terrace and the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said line to the east line of Lot 1-1-1 & 11 of Lorimer's Sub.; south along said line and its extension to West 9th Street; east along West 9th Street to Locust Street; north along Locust Street to West 10th Street; east along West 10th Street to the alley between Locust and Main Streets; north along said alley to West 13th Street; east along West 13th Street to Main Street; south along Main Street to the south line of the N.1/5-C.L. 465; east along said line and its extension to the east line of the W.33'-N 1/5-C.L, 460; north along said line to West 13th Street; east along West 13th Street to Iowa Street; north along Iowa Street to West 14th Street; east along West 14th Street to the alley between Iowa Stseet and Central Avenue; north along said alley to West 17th Street; east along West 17th Street to Heeb Street, the Point of Special Session, April 18, 1983 109 the Interior's Standards for Historic Preservation Projects", as adopted by the Historic Preservation Commissim for said Commissipn's review procedure that precedes the i.4suance of a Certifi- cate of Appropriateness pursuant to Chapter 19~/~ of the Code of Ordi- nances.'' PASSED, APPROVED AND ADOPTED this 18th day of April, 1983. dames E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of April, 1983. Mary A. Davis City Clerk It 4/22 Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Membor Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Petition of John Shutters d/b/a Dubuque Pawnbrokers submitting an appeal to the Mayor and City Council regarding revocation of license as a pawnbroker at 1030 Main St. (deferred from meeting of 4-11-83), presented and read. Mr. Shutters statod specifics per- tnihing to his action and requested Council not concur with revocation. Council Member Klauer moved to receive and file all pertinent documents. Seconded by Council Member Deich. Carried by the follow- hig vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the Council sustain the City Manager's action Irevocation of license). Seconded by Council Member Hammel. Vote on the motion was as follows: Yeas--Council Members Beurskens, Hammel, Kluesner. Nays--Mayor Brady, Counnil Members Deich, Klauer, Kronfeldt. MOTION FAILED~ Council Member Beurskens moved to reimpose the rules. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kronfeldt, Beur- skens. Nays--Council Members Hammel, Klauer, Kluesner. Communication of City Manager submitting documents providing for reconstruction of John F. Kennedy Road from Penn. Ave. to University Ave., 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, Kluesner, Kronfeldt. Nays--Council Member Klauer. Necessity for Improvement RESOLUTION NO. 72-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the Reconstruction of John F. Ken- nedy Road from Pennsylvania Avenue to University Avenue. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned unprovement and unless property owners at the time of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by 110 Special Session, April 18, 1983 law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the General Fund. Road Use Tax Fund and Federal Aid to Urban System Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay tho contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 18th day of April, 1983. Approved and placed on file for final action. James E, Brady Mayor Mary A. Davis City Clerk Council Member Beurskens moved approval of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfsldt. Nays--Council Member Klauer. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 73-83 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the proposed plans, specs, etc. for the Reconstruction of John F. Kennedy Read from Pennsylvania Ave. to University Ave., in the estimated amount of $957.493.82 are hereby ap- proved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 18th day of April, 1983. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Msmber Bearskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch. Hummel, Kluesner. Kronfeldt. Nays--Council Member Klauer. RESOLUTION NO. 74-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached sheets, No. I through 5 inclusive, are hereby determined to be the schedule of pro- posed assessments for the City of Dubuque RECONSTRUCTION OF JOHN F. KENNEDY ROAD FROM PENNSYLVANIA AVENUE TO UNIVERSITY AVENUE, and the ,valuations set out therei~ are hereby approved. Adopted this 18th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskeas moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kluesner, Kronfeldt. Nays--Council Member Klauer. (Fixing Date of Hearing) RESOLUTION NO. 75-83 WHEREAS, the City Council of the City of Dubuque, Iowa. has given its preliminary approval on the proposed plans, specifications and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion, for the Reconstruction of John F. Kennedy Road from Pennsylvania Avenue to University Avenue, and, WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RESOLVED, that on the 16th day of May, 1983, a public hearing will be held at 7:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the mat- ter may appear and be heard for or against the making of the improve- ment, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity, and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall Special Session, April 18, 1983 111 be published once each week for two consecutive weeks, the Iff'st publica- tion of which shall be not less than ten days prior to the day fixed for its con- sideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 18th day of April. 1983. 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, Hummel, Kluesner, Kronfeldt. Nays--Council Member Klauer. RESOLUTION NO. 76-83 Resoluf~on Authorizing Execution of an Agreement Between the City of Dubuque, Iowa, and the Iowa Depart- ment of Transportation, Relating to the Reconstruction of John F. Ken- nedy Road from Pennsylvania Avenue to University Avenue. That the attached Agreement #82-F-032, with the Iowa Department of Transportation, two copies of which are attached, be approved, and that the Mayor and City Clerk be and they are hereby authorized and directed to execute the Agreement for and on behalf of the City Council. Passed, adopted and approved this 18th day of April, 1983. 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. Hummel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Communication of City Manager submitting Resolution providing for a Public Hearing on proposed budget amendment for Fiscal Year 1983, presented and read. Council Member Klauer 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, Hummel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 77-83 Resolution Directing the City Clerk to Publish Proposed Amendment to the Fiscal Year 1983 Budget and Date of Public Hearing WHEREAS. it is proposed that the City of Dubuque amend its Fiscal Year 1983 budget; and WHEREAS, Section 384.16. Code of Iowa, stipulates that a public hearing must be held on such a budget amen& mont. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque, low~ Passed. adopted and approved this 18th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the ResciutJun and public hearing be set for May 2, 1983, in the City Hall Council Chambers. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesnar, Krnafeldt. Nays--None. Communication of City Manager re- questing authorization to submit a capital assistance application to UMTA for two replacement buses and set a Public Heari~ on the application for May 16. 1983, presented and read; Council Member Deich moved that the communication be received and filed and Hearing set for 5-16.83 with City Clerk instructed to publish notice in the manner required by law. Second- ed by Council Member Klauer. Carried 112 Special Session, April 18, 1983 by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hamme] Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 78-83 Resolution Authorizing the Filing of an Application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as Amended. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation pro- jects: WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- eluding 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 Ti- tle VI of the Civil Rights Act of 1964 and the U.S. Department of Transpor- tation requirements thereunder; and WHEREAS, it is the goals of the Applicant that minority business enterprise be utilized to the fullest ex- tent possible in connection with this project, and that definitive procedures shah be established and administered to ensure that minority businesses shall have the maximum feasible op- portudity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: L That James E. Brady, Mayor is authorized to execute and file an application on behalf of the City of Dubuque, Iowa with the U.S. Department of Transportation, to aid in the financing of two 25 ft. ac- cessibla buses. 2. That James E. Brady, Mayor is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transpor- tation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That William Kohler, KeyLine Transit Manager. is authorized to furnish such additional information as the U.S. Department of Transportation may require in con- nection with the application or the project. 4. That James E. Brady, Mayor is authorized to set forth and execute affirmative minority business policies in connection with the pro- ject's procurement needs. Passed, approved and adopted this 18th day of April, 1983. 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- hers Beurskens, Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. Council recessed at 9:23 P.M. Council reconvened at 9:36 P.M. Council Member Beurskens moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Hanunel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Dan Delaney of Group W, requesting rate increase for TV Cable Services, presented and read. Mr. Delany spoke to the petition, stating this increase is necessary, the first in six years. Council Member Hammel moved that the conunu~ication be received and filed that they grant during the in- terim a $1 increase per month on basic fee (regular, lifetime and senior citizens ~ 95~) only and City Mgr. con- tinue with investigation and study and set for P. Hearing on May 2, 1983. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Special Session, April 18, 1983 113 Nays--Councfi Member Kronfeldt. Petition of Judy Tigges, on behalf of Girl Scouts, requesting to address the Council regardlng the waiving of fees for entrance to the park and open air pavilion, upon verbal request of p~ti- tioner, deleted from Agenda. Petition of Joyce Thai et al signers) requesting to change the yield to stop sign on Clarke Dr. and Madison Hill corner, presented and read. Council Member Hammel moved that the petition be received and flle~ and matter referred to tho City Mgr. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Carol Klinkhammer et al (30 signers) requesting the installation of street light at the corner of Peru Road and Walker St., presented and read. Council Member Deich moved that the petition be received and filed and matter referred to the City Mgr. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem~ bars Beurskens, Dnich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Verbal request of Dock Chairperson to report progress on development of Chaplain Schmitt Memorial Island, presented, Chairperson R. Sullivan stated specific progress that had been occurr- /ag. Council Member Beurskens moved that the City Manager and Staff pro- ceed with development of City Island to solicit competitive proposals only on the basis of the quality of attrac- tiveness of a master plan and on the capacity of the developer to carry it out. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hanunel. Klauer, Kluesner. Nays--Mayor Brady. Abstain--Council Member Kronfeldt. Communication of City Manager submitting Resolution' approving the new policy for street assessments, presented and read. Council Member Kluesner moved that the communication be received and Bled. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Baurskens, Deich, Hammel, Klu~sner. Kronfi~ldt. Nays--Council Member Klauer. RESOLUTION NO. 79-83 Policy for S~et Assessments WHEREAS, the City of Dubuque has 235 miles of improved streets; and WHEREAS, improwd streets are vital to the eeonoray of the City; and WHEREAS, improved streets are essential for safe, adequate and effi- cient transportation; and WHEREAS, it is important that a reconstruction, rehabilitation and a preventatlve maintenance program be established in order to maintain this valuable asset; and WHEREAS, a larg~ number of the City streets are now in need of reconstruction, rehabilitation or preventative maintenance. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the assessment policy identified as Exhibit 1 be adop ted as a guideline for assessments associated with ~eonstruction and rehabilitation activities. Section 2. That a rollbask amount of 20 percent be affirmed on all assessments associated with reconstruction for the FY84 Street pro- gram, and the rollback amount to be reviewed and approved annually by the City Council Passed. adopted and approved this 18th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskeas, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. 114 Special Session, April 18, 1983 Communication of City Manager submitting Resolution providing for publication of an Environmental Review Assessment for the construc- tion of additional facilities in the Dubuque Industrial Center, presented and read. Council Member Klnesner moved that the communication be received and filed. Seconded by Council Mem- ber Beurskens. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 80-83 A Resolution Authorizing Publication of Notice of Environmental Review Findings for Certain Community Development Block Grant Prelect. WHEREAS, the City of Dubuque has entered into Grant Agreement B-82-MC-19-0004 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of tbe Housing and Community Develop- ment Act of 1974, as amended; and 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 Community Develop- merit Block Grant Funds; and WHEREAS, after due consideration a determination has been made that the project is not a major Federal ac- tion significantly affecting the quality of the human environment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL 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 inspectlotr Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof Dubuque Industrial Centex West Cubde-sac Construction Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of May 2, 1983, authorizing the submission of a request to the ILS. Department of Housing and Community Develop- ment to undertake the project. Passed, adopted and approved this 18th day of April, 1983, James E. Brady Mayor ATTEST: Mary A. ])avis City Clerk EXHIBIT "A" Public Notice Pursuant to environmental pro- cedures, the City of Dubuque has prepared a Notice of Finding of No Significant Effect on the Environment for the Project identified as follows: Dubuque Industrial Center West Cul-de-sac Construction The City of Dubuque has found that this Project has no significnt effect on the environment based on the follow- ing facts and reasons: 1. Assessment of the nature, magnitude and duration of any adverse and positive impacts; 2 Consideration of alternatives to the Project, commitment of resources, known views of local groups, measures which can be in- stituted to lessen potentinl adverse impacts and to enhance the environment; 3 No loss of unique environmental 4 No irreversible development trends; 5 A minimum occurence of adverse effects that cannot be avoided; and 6 No impacts on properties possess- ing historical, archaeological, architectural or cultural significance. The City of Dubuque has made an Environmental Review Record for this Project, and has placed this record on file in the Office of, the City Clerk in Ci- ty Hail, 13th and Central Avenue, Dubuque, Iowa. This environmental record is available for examination and may be copied between 8:00 a.m. and 5:00 p.m. daily except Saturdays, Sun- days and holidays. No further environmental review of the Project is proposed to be con- ducted. Comments may be submitted to the Special Session, April 18, 1983 115 City of Dubuque until 12:00 Noon, Fri- day, May 6, 1983, addressed to the Mayor of the City of Dubuque, City Hall, 13th and Central Avenue, Dubuque, Iowa 52001. Dated and Published April 20, 1983. 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, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Mayor Brady submitting proposal that was pre- sented in an effort to reach a com- promise and to resolve questions raised during the recent Clarence Dui- fy issue~ presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Kevin Magee to address the Council presenting proposals from "The Coalition from Human Rights", presented and read. Mr. Magee presented his nine point proposal. Council Member Beurskens moved that the petition and proposal be received and filed. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mayor Brady to designate "Task Force" to review or modify the criteria for selection, process of appointment and public involvement in appoint- Council Member Beurskens moved that a Task Force be designated with Mayor Brady's suggestion that it would encompass two individuals from the Coalition, two from Human Rights (Esther Chi & Sol Tabak). 2 from the City Council (Mayor Brady and Coun- cil Member Kluesnor) and one At- Large member. Seconded by Council Member Kluesner. Carried by the foliowlng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 81-83 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "C" BEER PERMIT Astgen's Foods Ltd. (Oky Doky 11) 1101 Rhomberg Ave. (Also Sunday Sales) Wareco System of Iowa 700 Rhomberg Ave. (Also Sunday Sales) Doug M. Fink and Rich H. Pitz (The Bait Bucket) new 760 E. 16th St. (Also Sunday Sales) Passed, adopted and approved this 18th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO· 82-83 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; 116 Special Session, April 18, 1983 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" ICOMMERCIALI BEER AND LIQUOR LICENSE Ronald W. and Dona J. Olinger and Wayne W. and Judith A. Botsford (Old Fashioned Saloon) new 1027 Rhomberg Ave. Donna M. Ginter (West Dubuque Tapl 1701 Asbury Rd. (Also Sunday Sales) Marco's Inc. 2022 Central Ave. Ronnid Fens (Ron's Barrell Tap) 1121 University Ave. Passed, adopted and approved this 18th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. $3-83 BE IT RESOLVED, By the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Donna Herman & Ronald Timmerman (S & T Furniture Store) 401 Locust St. Passed, adopted and approved this 18th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption et the Resolution Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurekens, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 8583 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" tCOMMERCIAL) BEER AND LIQUOR LICENSE Donald Brimeyer IThe Wheelhouse) 1630 E. 16th St. (Also Sunday Sales) Dubuque First China, Inc. ("Yen Ching Restaurant"f926 Main St. (Also Sunday Sales) Passed, adopted and approved this 18th day of April, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Historic Preservation Comm. of 3-18 and 3-21; Zoning Board of Adjustment of 3-17 & 3-31; Library Board of 3-1 & 3-15, presented and read. Council Member Klauer moved that the minutes b'e received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS AND SUITS: Pauline Dauner vs. City of Dubuque et al in the amount of $75,000 for personal injuries received Special Session, April 18, 1983 in a fall; Henry Baal, in the amount of $107 for backed-up sewer damages; Mrs. Rosemary Rapp, in the approx- imate amount of $260 for personal in- juries and property damages; Ran- dolph Kimball, in the amount of $250 for backed-up sewer damages, presented and read. Council Member Klauer moved that the claims and suits be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel reconm~ending denial of per- sonal injury claim of Gerry Weber on behalf of Gabriel W. Weber. mino~ presented and read. Council Member Klauer moved that the communication be received and filed and that the denial be approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recommending settlement of tire damage claim of Mrs. Thomas Hantelmann in the amount of $56.90, presented and read. Council Member Klauer moved that the communication be received and filed and that the claim be approved, with Finance Director to issue proper check. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. April 11, 1983 Honorable Mayor and Members of the City Council Pursuant to a request of the City .Manager dated February 14, 1983 and m accordance with the provisions of Chapter 400 of the 1981 Code of Iowa, the Civil Service Commission con- ducted written examinations on April 7, 1983 for the position of Bus Operator for the Transit Department. We do hereby certify that the follow- ing have successfully passed the writ- 117 ten exam for the position of Bus Operator. Bus Operator Jed Kiebel John J. Dalton, Jr. Gary Pfab Patrick M. Engling Carolyn Digman Robert L. Gansen David L. Ziegen£uss Jeffrey S. Kiebel Robert W. Flores Glen W. Koetz Douglas J. Kruse Dennis J. Noggle Ken K. Arenedorf James Ohnesorge Carl E. Sargent Lester Reising A second list is available if needed. Respectfnily submitted, John E. Hess Chairperson Dolores A. Relhie Gerald J. Koppes Civil Service Coramlssion ATTEST: Mary A. Davis Secretary Council Member Klauer moved that the communication be received and filed and that it be made a matter of record. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded 5y 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 __1983 Adopted _1983 Mayor Council Members ATTEST: City Clerk