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1983 October Council Proceedings348 Special Session, September 26, 1983 Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Riauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting reports of Finance Direc- tor and City Treasurer for month of August, 1983; Proof of publication of List of Claims for month of July 1, 1983, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following VOte: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of James T. Ryan submitting documents regarding com- pletion of street and sidewalks in Em- bessy West Sub&, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfaldt. Nays--None. Public Notice of United States Ar- my Corps of Engineers advising Deere & Company has applied for continued maintenance dredging, presented and read. Council Member Klauer moved that the notice be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager ad- vising Sister Janet Dolphin has sub- mitred her resignation from the Cable Regulatory Commission, presented and read. Council Member Klauer moved that the communication be received and fil- ed and accepted with regret. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Members Beurskens, DCAch, HammcA, Klauer, Kluesner, Kronfeldt. Nays--None. William Dix of 405 Hill St. petition- ed Council to remove vehicle entry fees at Eagle Point Park. Ron Koppes, 1684 Drexel, objected to Eagle Point Park Entry Fees. Karen Merrick, Mayor of Gut- tenberg, requested Dubuque consider affirmation in joining with other cities to apply to OPP for matching monies. Al Honigman, 1226 Elm, objected to speed of Keyline buses and transistor radios used by drivers. There being no further business Council Member Kronfaldt moved to adjourn. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khieener, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved_ 1984 Adopted . __1984 Mayor Council Members ATTEST: City Clerk Regular Session, October 3, 1983 CITY COUNCIL OFFICIAL Regular Session, October 3, 1983. Council Met at 7:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, FAauer, Khiesner, Kronfaldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the Regular Monthly Meeting of the City Council coiled for the purpose to act upon such business which may proper- ly come before the Council. ~ Invocation was given by Rev. Dimne Manson, Chaplain of Lutber Manor. PROCLAMATIONS: Oct. 2 thru 9 as pruductiwty Improvement Week received by David Uthe; Oct. 9 thru 15 as "National YWCA Teen Week" received by Carol Wallace; Oct. 15 as "White Cane Day" received by Richard Brown; Oct. 2 thru 8 as "Minority Enterprise Development Week in Dubuque" received by Harry Neustadt of City Staff. Proof of publication, certified to by the Publisher, on Notice of Public Hearing on Resolution of Necessity for Construction of Chaplain Schmitt Memorial Island Park and Recreation Complex Bailfialds Perimeter Fence, presented and read. Council Member Beurskens moved that the proof of publication be recalv- ed and filed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dalch, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dalch, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. (Noceesity for Improvement) RESOLUTION NO. 220-83 WHEREAS, proposed plans have 349 been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- lice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Chaplain Schmitt Memorial Island Park and Recreation Complex. BaHfields Perimeter Fence. BE IT FURTHER RESOLVED that the City Council deems it ad. necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, spealfica- tions, contract or estimated cost of the improvement, they shah be deemed to have waived ali objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cA1 and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from the General Fund and a Grant from the Iowa Conservation Conunls- sion. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 6th day of September, 1983. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk The foregoing resolution was finally passed and adopted, as proposed by the City Council this 3rd day of Oc- tober, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Bnarskens moved final adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayur Brady, Council Members Beurskens, Deich, Hammal, 350 Regular Sessio~ October3, 1983 Kluesner, Kronfeldt. Nays--Council Member Klauer. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 242-83 WHEREAS, proposed plans and specifcations and form of contract for the Chaplain Schmitt Memorial Island Park and Recreation Complex, Ballfelds Perimeter Fence have been approved by the City Council of the Ci- ty of Dubuque and public notice given as provided by the Code of Iowa per- /mining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 3rd day of October, 1983; and WHEREAS, the City Council met in regular session this 3rd day of Oc- tober, 1983, at 7:30 p.m. at the City Council Chambers, City Hall for the purpose of hearing all interested par- ties and considering any and all objec- tions which have been filed to the pro- posed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; end WHEREAS, all interested parties have been given an opportunity to be beard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are bereby adopted. BE IT FURTHER RESOLVED that tins resolution containing the declaion of this City Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 3rd day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Cbesterman Deputy City Clerk Council Member Beurskens moved adoption of the Resolution. Secohded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammel, Klaesuer, Kronfeldt. Nays--Council Member Klauer. {Ordering Construction) RESOLUTION NO. 243-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 220-83 winch was duly passed by this Council for the Chaplain Schm/tt Memorial Island Park and Recreation Complex, Ballfields Perimeter Fence be and the same are hereby ordered and con- structed by this Counc'd upon its own motion and with or without the peti- tion of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IF FURTHER RESOLVED that the cost and expense of the said improvement be paid from the General Fund and a Grant from the Iowa Con- servation Commission. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, approved and adopted this 3rd day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurekens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carded by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dcich, Hammel, Klueaner, Kronfeldt. Nays--Council Member Klauer. Proof of publication, certified to by Regular Session the Publisher, on Notice to Contrac- tors of Receipts of Proposals for above, presented and read. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Dcich, Hammel, Kluesuer, Kronfeldt. Nays--Council Member Klauer. Communication of City Manager reconnnending to award contract for above to Loveweil Fencing, Inc., 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 Members Bsurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klener. IAwarding Contract~ RESOLUTION NO. 244-83 WHEREAS, sealed proposals have been submitted by contractors for the Chaplain Schmitt Memorial Island -Park and Recreation Comphix, Ballfelds Perimeter Fence pursuant to Resolution No. 243-83 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on September 12, 1983. WHEREAS, said sealed proposals were opened and read on the 27th day of September, 1983 and it has been determined that the bid of Loveweil Fencing, Inc. of Davenport, Iowa in the amount of $27,010.50 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specificatlans. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contractor for the above-mentioned improvement be awarded to Loveweil Fencing, Inc. and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: October 3,1983 351 That upon the s'~inng of said contract and the approval of the contractor's bend, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurskens moved adoption of tho Resolution. Seconded by Council Member Kcenfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammol, Klueaner, Kronfeldt. Nays--Council Member Klauer. Communication of City Manager submitting documents providing for the converting of existing bleachers to electrical operation at Five flags Civic Center, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Hanunel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Klueaner, Krenfeldt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 245-83 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, spedfleations and form of contract for the improve- merit, and an estimate of the cost for Converting Existing Bleachers to Electrical Operation! BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. 352 Said improvement shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from Revenue Sharing Funds. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 3rd day of Oc- tober, 1983. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurskens moved approval of the Resolution. Seconded by Council Member HammeL Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 246-83 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, etc. for Converting Existing Bleachers to Electrical Operation for Dubuque Five Flags Center, Civic Center, Dubuque, Iowa, in the estimated amount of $35,000, are hereby approved and ordered filed in the Office of City Clerk for public inspection, and are to be con~ sldered part of this Resolutinn. Passed, approved and adopted this 3rd day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member HammeL Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammei, Klauer, Kluesner, Kronfeidt. Nays--None. ~Fixlng Date of Hearing and Authorizing Advertisement for Proposals) Regular Session, October 3,1983 RESOLUTION NO. 247-83 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 Converting Existing Bleachers to Electrical Operation, and WHEREAS, the proposed Reeoin- ~ for said improvement has been introduced and is now on file in the City Clerk's office for public in- spectinn. NOW, THEREFORE, BE IT RESOLVED that on the 7th day of November, 1983, a public hearing held at 7:30 p.m. in the City Council Chambers at City Hall at which time interested persons may appear and be heard for or against the proposed and specifications, form of con- tract and cost of said improvement, and the City Clerk be and is hereby ~ cause a notice of time and place of such hearing to be published in a newspaper having general circuta* tion in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior in the day fixed for its consideration, and unless interested persons at the time of~tha final consideration of the proposed Resolution of Necessity have I filed objections with tbe City Clerk, they shall be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby , advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shah not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 27th day of October, 1983. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a meeting to be held in the City Council Chambers at City Hall at 7:30 p.m. on the 7th day of November, 1983, Passed, approves and adopted this 3rd day of October, 1983~ James E. Brady Mayor ATTEST: Karen M. Cheeterman Deputy City Clerk Regular Session Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the folinwing vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 248-83 A Resolution Authorizing the Par- ticipatinn of the City of Dubuque in the 1984 Louisiana World Exposition WHEREAS, the theme of the 1984 Louisiana World Exposition to be held at New Orleans, May 12th through November llth, is "The World of Rivers--Fresh Water as a Sourc~ of Life"; and WHEREAS, the exhibit to be pro- vided by the Great River Road Com- mission will compliment and enhance the theme of the exposition by being housed in a replica of a nineteenth cen- tury houseboat; and WHEREAS, the Iowa Development Commission, the Office of Planning and Progranuning and Iowa Great River Road communities will cost share Iowa's portion of constructing such an exhibit; and WHEREAS, participation in this cooperative project will enhance public awareness of the Great River Road and will provide an additional oppor- tunity to attract tourists and visitors to Dubuqueland. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque will participate in the construction of the Great River Road Commission Showboat Exhibit at the 1984 Loui- siana World Expositior~ Section 2. That the City of Dubuque will eo~tribute the amount of four thousand fifty dollars ($4,050.00), as its share toward the cost of the project. Section 3. That the Finance Director is hereby authorized and directed to draw his check in payment of this amount. Passed, approved and adopted this 3rd day of October, 1983. James E. Brady October 3,1983 353 Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Council Members Beurskens, Hamme], Klauer, Kinesner. Nays--Mayor Brady, Council Member Deich, Krunfeldt. Communication of City Manager re- questing consideration be given to ex- pand and clarify the Central Market permit fees, presented and read. Council Member Klauer moved that the communication be received and fil- M. Seconded by Council Member Klueener. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammei, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 52-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 24-27 THEREOF AND ENACTING A NEW SECTION 24-27 THEREOF PROVIDING FOR THE ISSUANCE OF PERMITS FOR MARKET STALLS, presented and read. Council Member Klauer moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kinesner. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeidt. Nays--None. Council Member Klauer moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the Meeting when final action is taken, be dispensed with. Seconded by Council Member Khiesner. Carried by the following vote:' yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. OEDINANCE NO. 52-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY 354 Regular Sessian October 3, 1983 REPEALING SECTION 24-27 THEREOF AND ENACTING A NEW SECTION 24-27 IN LIEU THEREOF PROVIDING FOR IS- SUANCE OF PERMITS FOR MARKET STALLS. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~ dinanees of the City of Dubuque, Iowa be amended by repealing Section 24-27 thereof and enacting a new Section 24-27 in lieu thereof as follows: "Sec. 24-27. Establishment of Market Stalls; issuance of permits. (a) The City Manager is authorized to establish spaces for stalls in the Central Market as may be necessary and to issue permits for the use of such stalls. The fees for such permits shall be as follows: For the period of May I through Oc- tober 31 Saturday use only $15.00 Daily use $30.00 Annual permit saturday use only $30.00 Daily use $45.00 There shall be no proation of permit fees for any other time period. {b) To each permit fee shall be added the sum of five dollars ($5.00) which shall be distributed by the Finance Director to an authorized represen- tative of the Farmers' Market Adver- tising Committee to be used for pro- motion of the Central Market. The fee shall be charged and collected at the same time of the issuance of the per- mit and paid to the City Treasurer. (c) When a permit holder uses a metered parking space on days other than authorized by their permit they shall comply with the parking roeter requirements of Section 25-325 of this Code." Passed, approved and adopted this 3rd day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Cbestormen, Deputy City Clerk Published officially in the Telegraph Herald Newspaper this 7th day of Oc- tober, 1983. Karen M. Chestorman Deputy City Clerk It 10/7 Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Klueener. Carried by the followiv~ vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammol, Klauer, Kluesner, Kronfeldt. Nays--None. A verbal petition of Council Member Klaner requesting direction be given regarding process on the appointment of Corporation Counsel - Discussion ensued among Council Members and Corporation Counsel Blum with final consensus of opinion that they use the existing Legal Staff, allowing them to hire one more attorney, if necessary, and wait until after new Council is seated to look at the situation once again. A verbal report was given by Cor- poration Counsel Blum on the Noise Complaint of Harold Helbing. Mr. Blum reported that Swiss Valley was doing a great deal to alleviate the pro- BOARDS AND COMMISSIONS: Airport Commission - Council Member Beurskens moved that appointments ~e tabled till the next meeting. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klueaner, Kranfeldt. Nays--Council Member Klaner. Mr. Steve Kelley and Mr. Arnold Honkamp spoke to the Council relative to their applications for that Commission. RESOLUTION NO. 249-83 WHEREAS, Applications for Li- quor Licenses have been submited 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 RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the renewing named appli- cant(s) a Liquor License. (CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Anthony A. & Betto O. Helling 701 Dodge St. Regular Session CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Eugene L. Kopp 1641 Asbury Rd. (Also Sunday Sales) William J. Murphy 139 Locust St. (Also Sunday Sales) Judith M. Sandidge 1301 Rhomberg Ave. Passed, approved and adopted this 3rd day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy 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. MINUTES SUBMITTED: Airport Commission of 9-12 & 9-14; Civil Ser- vice Comm. of 8-17; Community Development Comm. of 9-13; Dock Comm. of 8-31; Housing Comm. of 9-21; Library Board of Trustees of 8-16, presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Khieener. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klanar, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Michael Burkholder in estimated amount of $157.50 for car damages, Connie Helb- lng in unknown amount for car damages, presented and read. Council Member Klauer moved that the claims be referred to the Legal Dept. for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfoldt. Nays--None. Communication of Housing and Ur- ban Development commending the Ci- ty of Dubuque for its commitment to October 3, 1983 355 minority enterprise development, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting 1983 City Annual Finan- cial Report, presented and read. Coun- cil Member Klauer moved that the communication and report be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayur Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesnar, Kronfeldt. Nays--None, REFUNDS REQUESTED: Nitee of the Square Table, $225 on unexpired Class "B' Beer Permit, presented and read. Council Member Klauar moved that the refund be approved, with Finance Director directed to issue pro- per check, Seeonded by Council Member Kluesnar. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskena, DCICk, Hammci, Klauer, Klueaner, Kronfeldt. Nays--None, Joan Schaal, 127 Nicolet St., voiced concerns with Swiss Valley Trucks go- ing through the dusty Chateau park- ing lot. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Kluesnar. Cerrled by the following vote: Yeas--Mayor Brady, Council Members Beurskena, Daich, Hammci, Klanar, Kineener, Kron~ldt, Nays--None. Mary A, Davis City Clerk BY: Karen M. Cheeterman Deputy City Clerk Approved__ _1984 Adopted .1984 Mayor 356 Regular SessioN, October 3, 1983 Council Members ATTEST: City Clerk Special Session CITY COUNCIL OFFICIAL Special Session, October 8, 1983. Council Met at 8:30 o'clock p.m., in the City Hall Council Chambers. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsels Barry A. LindaM and William G. Blum. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to discuss strategy with Counsel in matters that are presently in litigation or where litiga- tion is imminent where its disclosure~ would be likely to prejudice or disad- vantage the position of the govern- mental body in that litigation. 8:33 A.M., Council Member Hammel moved to go into Closed Session to discuss strategy with Counsel in mat- ters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Seconded by Council Member Klauer. Carried by tho following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kfuesner, Kronfeldt. Nays--None. 9:20 A.M. Council Reconvened with statement that direction had been given legal staff on pending litigation. There being no further business, Council Member Hammol moved to ad- journ. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Bourskens, Deich, Hammol, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk BY: Karen M. Chesterman Deputy City Clerk Approved 1984 Adopted 1984' Mayor October 8, 1983 Council Members ATTEST: City Clerk 357 Special Sessio~ October 17,1983 359 358 CITY COUNCIL OFFICIAL Special Session, October 17, 1983· Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammcl, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart. Absent at Roil Call: Corporation Counsel William G. Binm. Mayor Brady read the call and stated that service thereof had been duly made and ~liis Meeting is called for the purpose to consider a Resolu- tion Auth0r~n~:ithe issuance and sale of Indus~evclopment Revenue Bonds S~1~?1983, William C. Brown Co. Publl~l~: Project, and acting upon such~6~er business which may properly Come before the Council. Corporation Counsel Wm. G. Blum entered the Chambers at 7:32. Invocation was given by Rev. Jack Harley, Executive Director of the Dubuque Rescue Mission. PROCLAMATIONS: Week of Oc- tober 23-29, 1983 as "Substance · " 'db Abuse Prevantmn Week receive y Susan Harnish; Month of November, 1983 as "Alzhalmer's Disease Awareness Month" received by Sister Dolores Ullrich. Richard Kratoska of Shive-Hattery and Associates presented~ Com- memoratlve pictures of Radford Road Industrial Park, which received the 1982 Iowa Best PCC Muhiclpel Con- crete Paving Award, to the Mayor, Council Members, City Manager, City Clerk, Public Works Director and Cit: Engineer. The Mayor read a letter from Jane Day of St. Albans, England, which thanked everyone for ail that was done for the Friendship Force group. The Mayor showed the paperweight and proclamation he had received that morning from Staff on the Mississippi Queen Riverboat· Council Member Deich moved to suspend the rules to let anyone pre~ sent address the Council if they so desire. Seconded by Council Member Klaner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskans, Deich, Hanunal, Klauer, Kluesner, Krnnfcidt. Nays--None· Special Session, October 17,1983 Proof of publication, certified to by the Publisher, on Notice of intention to issue Industrial Development Revenue Bonds, Series 1983, Wm. C. ]town Co., Publishers Project, presented and read. There were no ob- jections received and no oral objectors present at the time set for the Hear- mg. Council Member Hammcl moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- lag vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klaner, Kinesner. Nays--None. Abstain--Council Member Kronfcldt. RESOLUTION NO. 250-83 Resolution to Proceed with the Is- suance and Sale of Industrial Develop- ment Revenue Bonds, Series 1983 (Wm. C. Brown Company, Publishers Project) in an aggregate principal amount not to exceed $3,000,000" 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, 1983, as amended Ithe "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 assembl- lng 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 has been re- quested by Wm. C. Brown Company, Publishers (the "Company"), an Iowa corporation, to issue its industrial development revenue bonds to finance the company's cost of constructing and equipping an addi~inn to their ex- isting manufacturing facility, located at 2460 Kerper Boulevard, Dubuque, Iowa, which addition will contain ap- proximately 128,000 sq. ft., of which approximately 80,000 sq. ft. will be used as a warehouse facility; 31,500 sq. ft. will be used for product distribu- tion and 16,500 sq. ft. will be used as office space (the "Project") which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Develop- merit Revenue Bonds, Series 1983 IWm. C. Brown Company, Publishers Project) of the Issuer in an aggregate principal amount not to exceed $3,000,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the~rin- cipal of and interest and redemption premium, if any, on the bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act and Section 103(k) of the Internal Revenue Code; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objec- tions or ther comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance the cost of the Projec~ and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds· Section 2. The Issuer will enter into all agreements necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. The City Attorney shall approve all agreements to be entered into in con- nection with the issuance of tha Bonds and such agreements shall be authariz. ed and approved after due considera- tion by this Council prior to their ex- ecution by the Issuer. Section 3. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Pro- ject and the issuance and sale of the Bonds· Section 4. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon its passage and approval. ' Passed, approved and adopted this 17th day of October, 1983. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk · Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klnner, Kluesner. Nays--None. Abstain--Council Member Kronfeldt. Proof of publication, certified to by tho Publisher, of Official Notice of Public Hearing to reclassify property at 2124 White St. from P~4 Multi- Family Residential District to C-4 General Commercial District, presented and read· There were no objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be recclv- ed and filed. Seconded by Council Member Deich. Carried by the fallow- ing vote: Yeas--Mayor Brady, Council Members Beurskens, Dclch, Hammel, Klaner, Kluesner, Kronfeldt. Nays--None· ORDINANCE NO. 5583 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING 360 Special Session October 17, 1983 HEREINAFTER DESCRIBED PRO- PERTY AT 2124 WHITE ST. FROM R-4 MULTI-FAMILY RESIDEN- TIAL DISTRICT TO C-4 GENERAL COMMERCIAL DISTRICT, SAID ORDINANCE HAVING BEEN presented and read at the Council Meeting of Sept. 26, 1983, presented for final adoption. ORDINANCE NO. 53-83 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 2124 WHITE FROM R-4 MULTI-FAMILY RESIDEN- TIAL DISTRICT TO C-4 GENERAL COMMERCIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-4 Multi-Family Residential District Classification" to "C-4 General Com- merclal Distxlct Classifiction" to wit: The South 6 feet of the West lA of Lot 39 and the North 22 feet of the West ~ of Lot 40 in L. H. Lang- worthy's Addition in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been approved by the planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 17th day of October, 1983. James E. Brady, Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Published officially in the Telegraph Herald this 24th day of October, 1983. Karen M. Chestennan Deputy City Clerk It 10/24 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning requesting approval of the. amended Preliminary Development Plan to allow for campus im- provements within the University of Dubuque Institutional District, 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 Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. An Ordinance Amending the Code of Ordinances by revising Appendix A thereof by amending the approved Preliminary Development Plan to allow campus improvements within the University of Dubuque Institu- tional District, 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 Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, 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 Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on Nov. 7, 1983 at 7:30 in the City Hall Council Chambers and that the City Clerk be directed to publish notice of the Hearing in the manner required by law. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delcli, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Special Sessio~ Communication of City Manager submitting Resolution amending an Option Agreement between Klauer Mfg. Co. and the City of Dubuque. to extend the date on which construction must commence if the Option Agree- ment is exercised, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 251-83 ~ Amendment to Option Agreement Between City of Dubuque and Kinuer Manufacturing Co. WHEREAS, the City of Dubuque and Klauer Manufacturing Co. entered into an option agreement concermng real estate described as follows: Lot 7 8 and 9 and Lot 2 of Lot 1, ail in block 1, "River Front Subdivision No. 5", in the City of Dubuque, Iowa pursuant to terms of an opthin agreement dated February 13, 1978, and authorized on behalf of the City of Dubuque by Resolution No. 73-78; and WHEREAS, the City of Dubuque granted an extension to Klauer Mfg. Co. an option to purchase Lot 6 in Block 1, in "River Front Subdivision No. 5", in the City of Dubuque, Iowa, in accordance with the provisions and terms of one certain option agreement dated June 2, 1978, and authorized on behalf of the City of Dubuque by Resolution No. 225-78; and WHEREAS, the option agreement dated February 13, 1978 was amended on June 2, 1978, and authorized on behalf of the City of Dubuque by Resolution No. 310-78; and WHEREAS, the City of Dubuque entended the options referred to above as set forth in and authorized by Resolution No. 37-79, end Resolution No. 38-79; and WHEREAS, Klauer Mfg. Co. gave notice to the City of Dubuque of the exercise of the options as to Lot 6, 7, 8 and 9 described above, by letter dated October 4, 1979 from Klauer Mfg. Co. to the City of Dubuque; and October 17, 1983 361 WHEREAS, the City of Dubuque and Klauer Mfg. Co. mutually agreed to amend the option agreement on November 19, 1979 under Resolution No. 298-79 whereby Klauer Mfg. Co. purchased Lots 8 and 9 on the condi- tion that Klauer Mfg. Co. be permitted to construct a building of not less than 30,000 square feet which building would not constitute the definition of "a new manufacturing building"; WHEREAS, the option agreement inted February 13, 1978 as amended stipulates that Klauer Mfg. Co. has the option of purchasing the remaining lots, namely Lot 6 and Lot 7, prior to March 13; 1984; and WHEREAS, option agreement dated February 13, 1978 as amended stipulates that if construction of Klauer Mfg. facility is not commenced in good faith on or prior to September 13, 1984, the City of Dubuque shah have the right to repurchase the pro- perty from Klauer Mfg. Co. for the ex- act consideration paid therefore by Klauer to the City of Dubuque; and WHEREAS, the City of Dubuque, Iowa and Klauer Mfg. Co. have mutually agreed to amend the option agreement, to extend the date of the construction of the manufacturing facility must commence in good faith from September 13, 1984 to March 13, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed amend- ment to the option agreement as amended existing between the City of Dubuque and Klauer Manuf~ctaring be further amended to extend the date of initiation of construction from September 13, 1984 to March I3, 198Z Section 2. That the City Clerk be directed to publish notice of this amendment to the option agreement as amended existing between the City of Dubuque and Klauer Manufacturing Company. Passed, approved and adopted this 17th day of October, 1983. James E. Brady Mayor ATTEST: 362 Special Sessiov October 17,1983 Karen M. Chesternmn Deputy City Clerk Council Member Beurskens moved adoption of the Resolution, as amend- ed, setting Hearing for November 7, 1983 at the City Hall Council Chambers. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurekens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 252-83 "Resolution uutherlz~ng the issuance and sale of Health Care Facility Revenue Bonds, Series 1983 (Martin Luther Home Peajeet) of the City of Dubuque, Iowa, in the aggregate prin- cipni amount of $1,500,000 to finance the cost of the aequicitiua by coustrec- tion or p~chaee of buildings, equip- ment and improvements suitable for use in the expansion of the Company existing health care facility and for a housing complex for the elderly for use by Martin Luther Home; the ex- ecution of a Bond Purchase Agree- ment with Norwest Mortgage Bonds, Inc. providing the terms and sale of such Bonds; the execution and delivery of a Loan Agreement with Martin Luther Home, providing for the repayment of the loan of such Bonds, and related matters", 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, 1983, as amended (the "Act") to issue revenue bends for the purpose of financing the cost of acquiring, by con- ctruction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for use as health care facilities or any housing unit or complex for the elderly or hen- dlcapped; and WHEREAS, the Iseuer has mede the necessary arrongam~nts with,,,Mar- tin Luther Home (the "Company ), an Iowa nonprofit corporation, for its ac, quieition by construction or purchase of buildings, equipment and im- provemeuts suitable for use in the ex- pension of the Company's existing health care facility and for a housing complex for the elderly (the "Project") to be located witMn the Issuer and to retire the enisting indebtedness of the Company incurred for the purpose of constructing a portion of the Project (the "Existing Debt"); and WHEREAS, it is necessary and ad- visable that provisions be made for the issuance of Health Care Facility Revenue Bonds, Series 1983 (Martin Luther Home Project) of the Issuer in the aggregate principal amount of $1,500,000 Ithe "Bonds") as authoriz- ed and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bonds to the Company pursuant to the provisions of a Loan Agreement Ithe "Agreement") bet- ween the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bonde as and when the same shall be due and payable; and WHEREAS, the bonds will be sold pursuant to and secured as provided by a Bond Purchase Agreement Ithe "Bond Purchase Agreement") by and between the Issuer and Norwest Mcr- tgage Bonds, Inc. Ithe "Initial Pur- chaser''); and WHEREAS, notice of intention to issue the Bonds has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by tl~e Act and Section 103(k) of the Internal Revenue Code, and has hereby deter- mined that it is necessary and ad- vieable to proceed with the financing of the Project; and WHEREAS, the Issuer has arreng- ed for the sale of the Bonds to the In- itial Purchaser; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Authorization of the Bonds. In order to finance the cost of the Project and retire the Existing Deb~ the Bonds shall be and the same is hereby authorized, determined and ordered to be issued in the aggregate principal amount of $1,500,000. The Bonds shall be issued as fully registered Bonds, in denominations of $1,000 or any integral multiple thereof, Special Session and shall be dated as of the date of is- suance and delivery thereof and shall bear interest from such date at the rate as stated in the Bonds. The Bonds, shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, and shall be subject to such other terms and conditions as are set forth in the Bond Purchase Agreement and the Bonds. The Bonds and the interest stituto an indebtedness of or a charge against the general credit or taxing power of the Issuer, but is a limited obligation of the Issuer payable solely derived from the Agreement and shall be secured by an assignment of~the Agreement and the revenues derived therefrom. Forms of the Bond Put~ chase Agreemen~ the Bonds and the Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 2. Bond Purchase Agree- ment; Sale of the Bonds. In order to provide for the sale of the Bonds to the Initial Purchaser and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall ex- acute, acknowledge and deliver in the name and on behalf of the Issuer, the Bond Purchase Agreement in substan- tially the form submitted to the City Counci~ which is hereby approved in all respects. The Mayor and City Clerk of the Issuer are hereby authorized and directed to sell the Bonds to the Initial Purchaser at a price of $1,500,000. Deposit by the Initial Purchaser to the credit of the Issuer in immediately available funds at the office of the In- itial Purchaser in Waterloo, Iowa, of th~ purchase price shall constitute payment in full for the Bonds pursuant to Section 1.02 of the Bond Purchase Agreement The Initial Purchaser shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Pro. ject Fund established by Section 1.03 of the Bond Purchase Agreement to el- fact the making of the loan of the pro. ceede of sale of the Bonds to the Com- pany pursuant to Section 1.02 of the Bond Purchase Agreement. Section 3. The Agreement. In order to provide for the loan of the proceeds of the Bonds to acquire, construct and equip the Project and the payment by the Company of an amount sufficient October 17, 1983 363 to pay the principal of any premium, if any, and interest on the Bonds, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Agree- ment in substantially the form submit- ted to the City Counci~ which is hereby approved in all respects. Section 4. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, at- tesg seal and deliver any and all documents and do any and all things deemed necessary to effect the is- suance and sale of the Bonds and the execution and delivery of the Agree- ~ent and the Bond Purchase Agree- men~ and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 5. Independent of Other Laws. The Bonds shall not be subject to the general provisions of law, if any, presently existing or that may hereafter be enacted, respecting the e~ caution and delivery of th~ bonds cfa municipality and respecting the r~taln- lng of options of r~demption in pro- ceedings authorizing the issuance of municipal securities. Section 6. Severability. Tho provi- sions of this resolution am hereby loclared to be separable and if any soc- tion, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 7. All resolutions and parts thereof in conflict herewith am hereby repealed to the extend of such conflict. Section 8. This resolution shall become effective immediately upon adoption. Adopted October 17, 1983. James E. Brady Mayor ~.TTEST: Mary A. Davis City Clerk Counci~ Member Klueener moved adoption of thc Resolution. Seconded by Council Member Kleuer. Carried by the renewing vote: Yeas--Mayor Brady, Council Members Beurshens, Delch, Hammel, Y, Jauer, Klucener, Kronteldt. Nays--None. Communication of David LaRue of Tri-State Veterans Memorial Assn. questing opportunity to present their 364 Special Session, October 17, 1983 viewpoint relative to the ~mber Kluesner. Carried by the the lease of the northern point of following vote: ChaplainSchmittIslandforplacement Yeas--Mayor Brady, Council of marker designating island's name Members Beurskans, Deich, Hammel, as "Chaplain Schmitt Memorial Island" granted to the Chaplain Schmitt Memorial Assn., Inc. Sept. 6, 1983, presented and read. Mr. LaRue read the communication and spoke to the Council. Council Member Kinesnar moved that the communication be received and filed. Seconded by Council Member Bcorskens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of R. L. Schmidt, Chairman of the Airport Commission requesting consideration and amen- ding of budget to include several un- budgeted projects now or soon to be underway at the Airport and Com- munication of City Manager recom- mending amendment to the FY 1984 Airport Capital Improvement Budget, presented and read. Mr. Schmidt clarified specifics of the request. Mayor Brady moved to table tiffs matter until the Council Meeting of Nov. 7 (only the office center core). Seconded by Council Member Klauer. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Deich, Klauer. Nays--Council Members Beurskens, Hammel, Kluesner, Kronfoldt. MOTION FAILED. Council Member Hammel moved to receive and file the communications and approve requested change in budget. Seconded by Council Member Banrskens. Carried by the following vote: ycas--Councfl Members Banrskans, Deich, Hammel, Kinesner, Kronfeldt. Nays--Mayor Brady, Council Member Klauer. Communication of Airport Manager Thereon Clark requesting Adoption of Resolution authorizing the Legal Dept. to proceed with condemnation of the Bradley property, presented and Council Member Beurskens moved that the communication be received and filed. Seconded by Council Klauer, Kincener, Kronfeldt. Nays--None. (Ordering Condemnation) RESOLUTION NO. 253-83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution which was duly passed by the City of Dubuque Airport Commission for the acquisition by condemnation of cot- tein real estate presently owned by H. Bradley and Dorothy R. Bradley, legally described as follows: Lot 1 of Lot 1 of Lot 2 of Lot I of NE¼ of NW¼, Section 35, Township 88 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa, and Lot 1 of SE¼ of NW¼, Section 35, Township 88 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa, and Lot i of Lot 2 of NW~2 of NW~A, Section 35, Township 88 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa, and Lot 2 of Lot 1 of Lot 2 of Lot 1 of NE¼ of NW¼, Section 35, Township 88 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa, and the Corporation Counsel is hereby ordered and directed to pro- [ with condemnation of the above described property. A copy of the plat of the property proposed to be con- demned is now on file in the Office of the Airport Manager. BE IT FURTHER RESOLVED that the cost and expense of said con- demnation be paid from the General Fund and a Grant from the Federal Aviation Administration. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, approved and adopted this 17th day of October, 1983. James E. Brady Mayor Karen M. Cbestermen Deputy City Clerk Special Session, October 17, 1983 365 Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Sandy Granger et al ob- jecting to noise problem in Dubuque Humane Shelter area, presented and read. Mrs. Granger spoke to the petition. Council Member Klauer moved that the petition be received and filed and referred to the City Manager and~Cor- poration Counsel for study and report. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of Notice to Contractors on tbe receipt of proposals for the con- struction of the Computer Directed In- formation System, AND Communica- tion of the City Manager recemmen- ding awarding of the contract for the Computer Directed Information and Control System for the City of Dubu- que Water Divison be awarded to BIF, a Div. of General Signal Controls, Inc. in the amount of $141,968.00, presented and read. Council Member Hammel moved that the proof of publication and the communication be received and filed. Seconded by Council Member Krenfeldt. Carried by the following Yeas--Mayor Brady, Council Members Beurskans, Deich, Hammol, Kluesner, Kronfeldt. Nays--Council Member Klauer. (Awarding Contract) RESOLUTION NO. 254-83 WHEREAS, sealed proposals have been submitted by contractors for the Computer Directed Information and Control System for the Water Divisun pursuant to Resolution NO. 196-83 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of September, 1983. WHEREAS, said sealed proposals were opened and read on the 4th day of October. 1983 and it has been deter- mined that the bid of BIF, a Division of General Signal Controls, Inc. of West Warwick, Rhode Island in the amount of $141,968.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the contractor for the above-mentioned improvement be awarded to BIF, a Division of General Signal Control, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED that upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted tiffs 17th day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kcanfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. Communication of City Manager submitting Resolution amending the International City Management Assn. Retirement Corporation Deferred Compensation Plan, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Beurskans, Deich, Hammel, Klauer, Kineaner, Kronfeldt. Nays--None. RESOLUTION NO. 255-83 Amending the International City 366 Special Sessio~ October 17, 1983 Management Association Retirement Corporation Deferred Compensation Plan WHEREAS, the City of Dubuque maintains a deferred compensation plan for its employees which is ad- rninistered by the ICMA Retirement Corporation (the "Administrator"); and WHEREAS, the Administrator has recommended changes in the plan document to comply with recent federni legislation and Internal Revenue Service Regulations govern- ing said plans; and WHEREAS, the Internal Revenue Service has issued a private letter rub hig approving said plan document as complying with Section 457 of the In- ternal Revenue Code; and WHEREAS, other public employers have joined together to establish the ICMA Retirement Trust for the pur- pose of representing the interests of the participating employers with respect to the collective investment of funds held under their deferred com- pensation plans; and WHEREAS, said Trust is a salutary development which further advances the quality of administration for plans administered by the ICMA Retire- ment Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby adopts the deferred compenso~ tion plan attached hereto as Appendix A, as an amendment and restatement of its present deferred compensation plan administered by the ICMA Retirement Corporation, which shall continue to act as Administmtar of said plan Section 2. That the Mayor is hereby authorized and directed to execute the ICMA Retirement Trust, attached hereto as Appendix B. Section 3. That the City of Dubuque hereby adopts the trust agreement with the ICMA Retirement Corpora~ tion, as appears as Appendix C hereto, as an amendment and restatement of its existing trust agreement with the ICMA Retirement Corporation, and directs the ICMA Retirement Corpora~ tion, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is practicable. Section 4. That the City Manager shall be the coordinator for this pro- gram and shall receive necessary reports, notices, etc., from the ICMA Retirement Corporation as Ad- ministrator, and shall cas~ on behalf of the City of Dubuque, any required votes under the program. Ad- ministrative duties to carry out the plan may be assigned to the ap~ propriato departments. Passed, approved and adopted this 17th day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Cbesterman Deputy City Clerk Council Member Hammei moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammei, Klauer, Kinesner, Kronfuldt. Nays--None. Communication of City Manager re- questing adoption of Ordinance repeal- lng Ordinance No. 65-78 which pro- vides for a civilian Ambulance Driver/Attendant, presented and read. Council Member Hammci moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the fofiow- hag vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 54-83 AN ORDINANCE REPEALING OR- DINANCE NO. 65-78 WHICH PRO- VIDED FOR AN ENTRANCE EX- AMINATIO*N FOR AMBULANCE DRIVER/ATTENDANT, presented I and read. I Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member i Deich. Carried by the following vote: I Yeas--Mayor Brady, C0uncill Members Beurskens, Deich, HammeL ~ Klausr, Khiesner, Kronfeldt. Nays--None. Special Sessio~ Council Member Harmmel 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 Couneil Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeidt. Nays--None. ORDINANCE NO. 54-83 REPEALING ORDINANCE NO. 65- 78 WHICH PROVIDED FOR AN ENTRANCE EXAMINATION FOR AMBULANCE DRIVER/ATTEN- DANT NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE,~ IOWA: Section 1. That Ordinance No. 65- 78 be and is hereby repealed. Passed, approved and adopted this 17th day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Che~te~nan Deputy City Clerk Published officially in the Telegraph Herald this 24th day of October, 1983. Karen M. Chesterman Deputy City Clerk It 10/24 Council Member Hammei moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution authorizing pubfication of the Environmental Fin- dings for the several Community Development Block Grant Projects, presented and read. Council Member Kronfeidt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammei, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 256-83 A Resolution Authorizing Publlcatiom of Notice of Environmental Review Findings for Certain Community October 17, 1983 367 Development Block Grant Projects WHEREAS, the City of Dubuque is proposing to enter into a Grant agree- merit for the Calendar Year commenc- ing January 1, 1984 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Develop- merit Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Houeing and Ur- ban Development, an environmental review has been processed for the pro- jects hereinafter to be described to be financed with Community Develop- ment Block Grant funds; and WHEREAS, an ad hoc Environmen- tal Review Committee has after due consideration made a determination that the projects are not a major Federal action 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 projects, and to make the Environmental Review Record for said projects available for public inspectior~ Such noffce shall be in the form of Exhibit "A" attached hereto and made a part hereof · Housing Rehabilitation Loans and Grant Program · Emergency Repair · Tool Lending Library sponsored by Washington Tool Library · Code Enforcement · Miscellaneous Public Im- provements; {Street, Alley, Curb, Lighting, Siguage, etc.) · Operation Paintbrush · Commercial/Industrini Loan Par- ticipation (Old Main Street) · Economic Deveiopment/Land Ac- quisition · Comiskey Park Grading Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of November 7, 1983, authorizing the submission of a request to the [f.S. Department of Housing and Community Develop. ment to undertake the projects. Passed, approved and adoptedthis Special Session, October 17, 1988 17th day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting an Ordinance to delete University Park from the listing of Ci- ty parks in which the consumption of Beer is prohibited, presented and read. Council Member Kronfeldt moved that the communication be received and filed, Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Rammel, Klauer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 55-83 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 27-41d) THEREOF AND ENACTING A NEW SECTION 27-4(d) IN LIEU THEREOF PROVIDING FOR THE PROHIBITION OF THE CON- SUMPTION OF BEER IN CERTAIN PARKS, presented and read. Council Member Kronfeldt moved that the reading just had be can- sidered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Kronfeldt moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Delch, Hannnel, Khiuer, Klueener, Kronfeldt. Nays--None. ORDINANCE NO. 55-8~ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 27-4(d) THEREOF AND ENACTING A NEW SECTION 27-4(d) IN LIEU THEREOF PROVIDING FOR THE PROHIBITION OF THE CON- SUMPTION OF BEER IN CER- TAIN PARKS. 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 27- 4(d) thereof and enacting a new Sec- tion 27-4(d) in lieu thereof as follows: "Sec. 27-49. Intoxicating beret- ages. {d) The consumption or use of beer is prohibited in the following named' parks: Jackson Park, Grant Park, Washington Park, Burden Playground, Madison Park, Allison-Henderson Park, Jefferson Park, Hilltop Play- ground, Booth Tennis Court, Mauss Conservation Park, Oakwood Park, Falk Playground, E. B. Lyons Peal- rie/Woedland Preserve, Flat Iron Park, Peter Cooper Playground, Municipal Pool, Comiskey Field, Gay Playground, Avon Park, Caledonia Playground, Waller-Cooper Tot Lot, Cleveland Park, Valley High Playground, and Hiilcrest Tot Lot." Passed, approved and adopted this 17th day of October, 1983. James E. Brady, Mayor A~VI~EST: Karen M. Ch~terman Deputy City Clerk Published officially in the Telegraph Herald this 24th day of October, 1983. Karen M. Chesterman It 10/24 Deputy City Clerk Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Klueener. Carried by the following Yeas--Mayor Brady, Council Members Beerskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing adoption of Resolution which adopts Supplement No. 18 as part of the Code of Ordinances of the City of Dubuque, presented and read. Special Sessior Council Member Klauer moved to receive and file the communication. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Khiesner. Kronfeldt. Nays--None. RESOLUTION NO. 257-83 Adopting Supplement Number 18 to the Code of Ordinances of the City of Dubuque, Iowa WHEREAS, under date of November 16, 1981, the City Council, pursuant to Ordinance 63-81, readapted the Code of Ordinances of the City of Dubuque for ordinances adopted up to and including Mar~ch 10, 1981; and WHEREAS, since March 10, 1981, the City Council of the City of Dubu- que, Iowa, has adopted certain or- dinances amending the Code of Or- dinances and said amendments have been printed as supplements to the Code of Ordinances. WHEREAS, Section 380.8 of the Code of Iowa provides that sup- plements, by resolution, become part of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 18 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the office of the City Clerk of the city of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Passed, approved and adopted this 17th day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Council Member Kinuer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council October 17, 1983 369 Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. BOARDS AND COMMISSIONS: Airport Commission: One Six Year Term to Expire 9-14-89. Applicants: Lon B. Eberhart, F. M. Hellert, Arnold N. Honkamp, Stephen D~ Kelley, Wm. Frieburger. First Vote on the Appoint- ment: Council Member Beurskens voted for Eberhart; Mayor Brady voted for Kelley; Council Member Deich voted for Kelley; Council Member Hammel voted for Honkamp; Council Member Klauer voted for Kelley; Council Member Kluesner voted for Honkamp; Council Member Kronfeldt voted for Honkamp. There being no majority vote, a se- cond vote was taken. Council Member Beurskens voted for Honkamp; Mayor Brady voted for Kelley; Council Member Deich voted for Kelley; Council Member Hammel voted for Honkamp; Council Member Klauer voted for Kelley; Council Member Klucener voted for Honkamp; Council Member Kronfeldt voted for Honkamp. Therefore, Arnold N. Honkamp appointed to the Airport Commission for a six year term which will expire 9-14-89. TV Cable Regulatory Commission: One Unexpired Term to ~Expire 6-30-84. Applicants: Thomas J. Chur- chill, Mark J. Willglng, Jerome F. Ehlers. Council Member Klauer stated that he wished the Council would not make an appointment on this Commission until after the primary election as Mr. Churchill is a candidate. Council Member Kronfeldt moved to proceed with the vote on the appoint- ment. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Delch, Hammel, Kluesner, Kcenfeldt. Nays--Council Member Klauer, Vote on the appointment was as follows: Council Member Beurskens voted Wlilging, Mayor Brady voted for Wiilging; Council Member Deich voted for Willging; Council Member Hammel voted for Wiilging; Council Member Klauer voted for Elders; Council 37O Special Session October 17, 1983 Member Kluesner voted for Willging; Council Member Kronfeldt voted for Willging. Therefore, Mark J. Willging appointed to the TV Cable Regulatory Commission for an unexpired term which will expire 6-30-84. RESOLUTION NO. 258-83 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 the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. FDL Foods, Inc. 16th & Sycamore Streets Passed, approved and adopted this 17th day of October, 1983. James E. Brady Mayor ATTEST: Karun M. Cbesterman Deputy City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kineener, Kronfeldt. Nays--None. RESOLUTION NO. 259-83 WHEREAS, Applications for Lb quor Licenses have been submitted to tl~is Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and ail City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque~ Iowa, that the Manager be authorized to cause to be tssuzd to tim ~ollowins named ap- plicants a ~i~uor Lle~nss. C/.~SS "C' ~COMMEECIAL) BERE ~ LIQUOR LICENSE J. R. Bainbridge 1375 Lo.mt St. (Also SU~v Sales) Nelda L. Doty 1091 Main St. (Also Sunday Sales) Cock 'N Bull, Inc. 2245 J. F. Kennedy Rd. (Also Sunday Sales) Passed, approved and adopted this 17th day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy 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. 26083 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 cc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have fried 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 izsued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT J & P Obera, Inc. 855 Century Drive (Also Sunday Sales) CLASS "C" BEER PERMIT FDL Foods, Inc. 16th & Syeamore St. Rainbo Oil Company 2297 University Ave. (Also Sunday Sales) Transport Sales, Co. 1075 Dodge St. (Also Sunday Sales) Passed, approved and adopted this 17th day of October, 1983. James E. Brady Mayor ATTEST: Karen M. Chesterman Deputy City Clerk Special Sessio~ 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, Hamme] Klauer, Kluesner, Kronfcldt. Nays--None. Printed Council Proceedings for the month of May, 1983, presented for ap- proval. Council Member Klauer moved that the proceedings be approved as printed. Seconded by Council Member Klueener. Carried by the following Yeas--Mayor Brady, Council Members Bourskens, Deich, Hammel, Klauer, Kluesner, Krenfeldt. Nays--None. MINUTES SUBMITTED: Cable TV Regulatory Comm. of 9/19; Educa- tional Access TV Consortium of 9/23; Five Flags Comm. of 9/26; Historic Pres. Comm. of 9/13; Library Bd. of 9/20; Park & Rec. Comm. of 9/13; Keyllne Earnings Statement of 8/83; Zoning Bd. of Adjustment of 9/15, presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Kluesner, Carried by tho following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hamme] Klauor, Kluesner, Kronfcldt. Nays--None. NOTICES OF CLAIMS: Dale and Jean L. Bird in est. amount of $39 for personal property damages; Carolyn K. Foht in est. amount of $568.66 for personal injury; Doug Juergens in est. amount of $34.74 for vehicle damages; Verlandra Lenten in undetermined amount for personal property damages; Joseph J. Bitter, Attorney for John M. and Sharon K. Ginter in total amount of $600,000 for aileged false arrest etc; Standard Federal Sav- ings & Loan Assn. vs. City of Dubuque et al; Joseph J. Bitter, Attorney for James P. Timmermun, in total amount of $200,000 for alleged false arrest etc,; Mildred Frommelt in est. amount of $30.25 for property damages; DYB, Inc. vs. Northwestern Bell Telephone Co. vs. City of Dubuque as Third Par- ty Defendants, presented and read. Council Member Klauer moved that the claims and suits be referred to the October 17,1983 371 Legal Staff for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Attorney Dennis J. Naughten on behalf of Edward & Gladys Brimeyer stating intent to file a claim against the Human Rights Comm., presented and read, Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel .Lindahl recommending denials of claims of Anita Cross, Ar- thur O. Fisher, Mrs. Ray Reilly, Janice Bergfeld, Michael Bahl, Thomas J. Becbor, Bruce 0. Bush, Helen A. Callahen, Thomas S. Caitham, Leo Dix, David Deery, Janet Hitte~miller, Timothy Fiedler, Rosella Fisch,k~n-~Pani Gruber, Ia. Kemper Ins. Co., Patricla Johnson, Agneee Jaeger, Brenda Lindecker, Randolph Kimball, Jody Koerperich, Robin Kennicker, presented and read. Council Member Klauer moved that the communications be received and filed and denials approved. Seconded by Council Member Klueener. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel Llndahl stating that the following claims have been settled by the City's insured and thus should be closed: Hawkeye Wholesale Grocery Co., Fulton Arms Apartment Building, Elmer & Sharon Fink, Michael Feltee, Louis Cornish, Ronald J. B~kee, Philip Lateen, James Kier- nan, William J. Kelly, presented and read. Council Member Klauer moved that the communications be received and filed and closings approved. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council 372 Special Session, October 17, 1983 Members Beurskens, Deich, Hanunel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of W. E. O'Rourke et al (6 additional signatures) requesting solu- tion to marking of confusing One Way Alley between First and Second Streets and Main and Locust Streets, presented and read. Council Member Klauer moved that the petition be referred to the City Manager. Seconded by Council Member Kkiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klancr, Kluesner, Kronfeldt. Nays--None. Communication of City Manager reporting on the referral of the John Schroeder Zoning Problem, presented and read. Council Member Klauer moved that the communication be referred to the Planning and Zoning Commission. Seconded by Councll Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hannnel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager providing summaries of several public meetings conducted by the City Manager on the FY 1984 City Budget, presented and read. Council Member Klauer moved that the communication be received and fil- ed. Seconded by Council Member Kluecner, Carried by the following vote: Yeas--Mayor Brady, Council Members Bearskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None, REFUNDS REQUESTED: Dennis Althaus $75 on unexpired Cigarette Permit; Mary Poire $422.50 on unex~ pired Liquor License; LaVern Henuen $75 on unexpired Cigarette Permit and $37.80 on unexpired Beer Permit, presented and read. Council Member Klauer moved that the refunds be approved and direct Finance Director to issue proper checks. Seconded by Council Member Klnasner, Carried by the following vote: Yeaa--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. US Dept, of Housing and Urban Development notifying of approval of Section 8 Existing Program Appllca- tlon, presented and read. Council Member Klauer moved that the notification be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of City Annual Finan- cial Report for FY Ended 6/30/83 and List of Claims for month of August, presented and read. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Al Honigman spoke on a variety of subjects. Dr. Bill Neumeister objected to assessments for those on Crescent Ridge. Richard and Shula Sorenson submit- ted data concerning their attorney's involvement in the Nemmer's case. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskena, Deich, Hammel, Fdauer, Kluesner, Kronfeldt. Nays--None. Karen M. Chesterman Deputy City Clerk ApprOved 1984 Adopted _ 1984 Mayor Special Session Council Members ATTEST: City Clerk October 17, 1983 373