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1982 February Council Proceedings28 Regular Session, February 1, 1982 29 CITY COUNCIL OFFICIAL Regular Session, February 1, 1982. Council Met at 7:30 p.m. (C.S.T.) Council Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahl. Invocation was given by Msgr. Norbert Barrett of St. Raphael's Cathedral. Proclamation: Month of February, 1982 as "Children's Dental Health Month" received by Dr. G. R. Strohmeyer. Mayor Brady read the call and stated that service thereof had been duly made and this is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may come before the Council. Proof of publication, certified to by the Publisher, of Notice of Publlc Hearing to amend Zoning Ordinance by reclassifying property located at 30th Street from Jackson and Elm Streets from C-1 Commercial District classification to L-I Light Industrial District Classification. Council Member Hammel moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Hammel 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, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of ,Jim and Kathy Bauerly, 2944 Jackson Street, objecting to rezoning classification as requested by Doffs Transmission for property at 30th Street between Jackson and Elm Council Member Hammel moved that the petition 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 Council Member Deich requesting Council deny rezon- ~ng as requested by Doffs Transmis- sion Service and refer the matter back to P & Z and/or the Zoning Board of Appeals, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Jerome Streiber requested favorable rezoning as requested by Don's. Herbert Berm objected to rezoning re- quest as he lives in the neighborhood and is afraid of more traffic and park- ing congestion. Bill Hartman objected as there would be more parking problems oc- curing. Kathy Bauerly objected as there would be more parking problems oc- An ORDINANCE Amending Ap- pendix A of the Zoning Ordinance and Zoning Map of the City by reclassify- ing Lot 1, Lot 2, Lot 24, Lot 25 and Lot 48 of Glendale Addition: From C-1 Commercial District Classification to L-I Light Industrial District' Classification, said Ordinance having, been presented and read at the Council Meeting of January 11, 1982, ~resented for final adoption. Council Member Hammel moved that this Ordinance be referred to the P & Z Commission to get a solution worked out for this type of non- conforming use and then come back to Council. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beursken~, Deich, Itammel, Klauer, Kluesner. Nays--Counefi Member Kronfeldt. Communication of City Manager submitting documents for the vaca- tion of por[ions of Farragut St., Gar- field Ave., and an alley south of Far- ragut St. as requested by Thermolyne, Council Member Kiauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- 3O Regular Session, February 1, 1982 bers Beurskens. Deich, Hammel, Klauer, Kronfeldt. Nays--None. An ORDINANCE Approving vacating a portion of Farragut St., Garfield Ave., and the alley south of Farragut St. parallel to Kerper Blvd., presented and read. Council Member Klauer moved that this reading be considered the first reading of the Ordinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammai, Klauer, Khiesner, Kronfeldt. 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 Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Council Member Klauer moved that a Public Hearing be held on the Or- dinance on February 22, 1982 at 7:30 p.m. in the Council Chamber at the Public Library Auditorium and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. 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. RESOLUTION NO. 21-82 Resolution Approving Plat of Vacated Portions of Farragut Street, Garfield Avenue and the Alley South of Far- ragut Street Parallel to Kerper Blvd. WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated December 1, 1981, prepared by Barrels, LeMay, Haas and Wm. J. Byrne Engineering Company, cover- lng vacated portions of Farragut Street, Garfield Avenue and the alley south of Farragut Street parallel to Kerper Blvd.; and WHEREAS, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat dated December 1, 1981, prepared by Bartols, LeMay, Haas and Wm. J. Byrne Engineering company, covering the Real Estate herein-above described, be and the same is hereby approved, and that the Mayor and City Cl~rk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa Section 2. That the City Clerk be and is hereby authorized and directed to ~le said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, low~ Passed, approved and adopted this 1st day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiuer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting bidding procedures for the construction of the Cedar Cross Read, Crescent Ridge and Crescent Court Water Main Extension Project, 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, Hammel, Klauor, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 22-82 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, form of contract, etc. for the Cedar Cross Road, Crescent Ridge and Crescent Court Water Main Extension in the estimated amount of $380,781.87, be hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 1st day of February, 1982. James E. Brady Mayor Regular Session, February 1, 1982 31 ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Necessity of Improvement) RESOLUTION NO. 23-82 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- fice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Cedar Cross Road, Crescent Ridge and Crescent Court Water Main Ex- tension. 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, specifics- tions, contract or estimated cost of the improvement, they shai be deemed to have waived all objections thereto. 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 said improvement will be paid from the Water Construction Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 1st day of February, 1982. Approved: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved ap- proval of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Fixing Date of Hear~gi RESOLUTION NO. 24-82 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tlon for the Cedar Cross Road, Cres- cent Ridge and Crescent Court Water Main Extension, and WHEREAS, the proposed Resohi- 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 RE- SOLVED that on the 15th day of February, 1982, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time in- terested persons may appear and be heard for or against the proposed plans and specifications, form of con- tract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circula- tion in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fixed for its consideration, and unless interested persons at the time of the final consideration of the proposed Resolution of Necessity have filed objections with the City Clerk, they shall be deemed to have waived ail objections thereto. Passed, adopted and approved this 1st day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammai, Klauer, Kinesner, Kronfeldt. Nays--None. Communication from the City Manager transmitting a connnuhica- tlon from the Iowa State Historical Dept., Division of Historic Preserva- tion regarding their review of the pro- posed Old Main Historic Preservation District, and recommending that a Public Hearing be set, presented and Regular Session, February 1,1982 read. Council Member Hammel moved that the communication be received and filed and that a Hearing be scheduled for March 15, 1982. Second- ed by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kineener, Kronfeldt. Nays--None. RESOLUTION NO. 25-82 A Resolution Establishing 1983 as the Dubuque Sesquicentennial. WHEREAS, The City of Dubuque, Iowa will be 150 years old during 1983; and WHEREAS, Dubuque was the first settled area in Iowa; and WHEREAS, Dubuque is the Key City of Iowa and the midwest; and WHEREAS, It is appropriate and desirable that an event of this magnitude be celebrated by ail Dubu- quers and area residents; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that 1983 be and it is hereby declared as the Dubu- que Sesquicentennial. Passed, adopted and approved this 1st day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Reeoint/on, as amend- ed. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Mem- bers Bearskens, Delch, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. ORDINANCE NO. 3-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 2-81 THEREOF AND ENACTING A NEW SECTION 2-81 IN LIEU THEREOF TO PROVIDE FOR THE ELECTION OF A MAYOR PRO TEM OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: AND PROVIDING FOR THE AND TERM OF 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 Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Klauer moved that rule reqniring an Ordinance to be and read at two meetings the meeting when final action taken, be dispensed with. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hauimel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 3-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMEND- lNG THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEAL- ING SECTION 2-81 THEREOF AND ENACTING A NEW SEC- TION 2~81 IN LIEU THEREOF TO PROVIDE FOR THE ELECTION OF A MAYOR PRO TEM OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: AND PROVID- ING FOR THE DESIGNATION AND TERM OF SAID MAYOR PRO TEM NOW THEREFORE BE IT 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 2-81 thereof and enacting a new Section 2- 81 in ~ieu thereof as follows: "Sec. 2-81. TERM OF MAYOR PRO TEM; DESIGNATION. (a) Term of Mayor Pro Tern. The term of Mayor Pro Tern shall be eight (8) months. (b) Designation of Mayor Pro Tern. Beginning January 1, 1982, Council Members shall serve as Mayor Pro Tern in the foilow/ng order: (]) At- Large Council Member elected to two-year term; (2) Ward Two Coun- cil Member; (3) Ward Four Council Member. Tbereafter, Council Mem- bets shall serve as Mayor Pro Tern in the following order: (1) At-Large Regular Session, February 1, 1982 Council Member with two years of term remaining; (2) Ward One Coun- cil Member; (3) Ward Three Council Member; (4) At-Large Council Mem- ber with two years of term remain- ing; (5) Ward Two Council Member; (6) Ward Four Council Member. (c) Vacancy. In the event of a vacancy in the office of a Council Member while such Council Member is serving as Mayor Pro Tern, the person appointed or elected to fill such vacancy shall serve the remain- der of the term of mayor Pro Tern.' Passed, approved and adopted this 1st day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of Feb- ruary 1982. Mary A. Dav~s City Clerk It 2/8 Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of Dock Mgr. re- questing a Work Session with Council to discuss the duties, compostion of the Board and other compelling mat- ters concerning the Dock Commis- sioners, presented and read. Council Member Deich moved that the communicat/on be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Khiesner, Kronfeldt. Nays--Council Member Hammel. An ORDINANCE Amending Code of Ordinances for the City of Dubu- que, Iowa, be repealing Section 9 1/2-32(A) and 9 1/2-32(C) thereof and enacting new Sections 9 1/2-32(A) and 9 1/2-32(C) thereof and enacting new Sections 9 1/2-32(A) and 9 1/2-32(C) in lieu thereof providing for a five member Board of Dock Commis- sioners and prescribing their terms of office, presented and read. Council Member Hammel moved adoption of the Ordinance. Seconded by Council Member Beurskens. NO VOTE TAKEN ON THE MOTION. Council Member Klauer moved that this matter be tabled. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kronfeldt. Nays--Council Member Hammel, Kinesner. Communication of City Manager responding to petition of Richard Lep- pert relative to a public alley behind 3669 Hillcrest Road, present~d and read. Richard Leppert requested that either the alley be moved or that they go by the recommendation of the City Mgr. for the price of $1. Frank McCauley stated that this problem should be handled but not at his expense. Council Member Kinesner moved that the communication be received and filed and recommendation of the City Mgr. be approved. Seconded by Council Member Beurskens. Vote on the motion was as follows: Yeas--Council Members Bearskens, Hammel. Nays--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner, Kronfeldt. MOTION FAILED. Council Member Kluesner moved that this matter be referred back to the City Mgr. and staff and that an ap- praisal be made of both parcels of prc, petty and return to the Council for consideration. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner, Kronfeldt. Nays--Council Members Beurskens, Hammel. Report by Corporation Counsel Lin- dahl on petition from John Lewis to waive the "Hold Harmless" clause in matter of Square and Round Dancing Convention, presented and read. Council Member Hammel moved that the "Hold Harmless" clause must be included in agreements of this nature. Seconded by Council Member Klauer. Carded by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammni, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of City Manager transmitting the recommended 34 Regular Session, February 1, 1982 Budget documents for FY'83, presented and read. Council Member Klauer moved that the communication and documents be referred to the Budget Work Sessions. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of Corporation Counsel Lindahl requesting opportuni- ty to meet and disucss status of pen- ding litigation, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the inllow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of Corporation Counsel Lindahl requesting opportuni- ty to discuss settlement proposal sub- mlttod in Jullen Nemmers vs. City of Dubuque et al matter, presented and read. Council Member Harnmel 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, Kinesner, Kronfeldt. Nays--None. 10:40 p.m. Council Member Klauer moved to go into Closed Session to provide Corporation Counsel direction regarding pending litigation. Second- ed by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Delch, Hammal, Klauer, Kinesner, Kronfeldt. Nays--None. 11:28 p.m. Council reconvened Regular Session. Mayor Brady an- nounced that Corporation Counsel had been given direction regarding pen- ding litigation. RESOLUTION NO. 26-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be cupied by such applicants were t~ spected and found so comply with 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- dicants a Liquor Licenso. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Lorraine A. Fransen 1100 Lincoln Rita Clancy 201 E. 22nd St. Passed, adopted and approved this 1st day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Minutes Submitted: Community Development Commission of 1-12; Human Rights Commission of 11-18-81; Human Rights Comprehen- sive Accountability Record for Nov. and Dec., 1981; Housing Commission of 1-19; presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Notices of Claims and Suits: Walter J. Starr, in amount of $97 for tire damages; James W. Bell & Co. Inc. vs. City of Dubuque et al $3,201 plus in- terest, 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 Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Regular Session, February, 1, 1982 Communication of City Manager responding to Mr. Clair Woodman let- ter relative to damage of utility lines and erection of barricade at the end of alley behind 2560 Elm Street, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady. Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Refunds Requested: John Sherman (St. Patrick's Parlsh Corp.) $75 on unexpired Beer Permit, presented and read. Council Member Klauer moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammal, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Cedar Rapids Television Co. before the F.C.C. sub- mitring "Reply to Opposition to Peti- tion for Reconsideration" in the mat- tor of KDUB-TV, Inc. Petition for Walver of Sectlon 76.92(g) of the Com- ~nission's Rules, presented and read. Council Member Klauer moved that the communication be referred to the City Mgr. Seconded by Councll Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Barbara Goldstein of the Informa- tion and Referral Service stated that she was appointed to see that funding f~r that Agency was being cut from the City Budget for FY'83 and re- quested that a reconsideratlon be made. 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- bers Beurskens, Deich, Hammal, Klauer, Kinesner, Kronfaldt. Nays--None. Mary A. Davis City Clerk Approved Adopted Mayor Council Members ATTEST: City Clerk 35 1982 1982 36 Special Session, February 8, 1982 CITY COUNCIL OFFICIAL Council met at 7:30 p.m., Public Library Auditorium. Present--Mayor Brady, Council Members Buerskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A Lindahl. Proclamations: Feb. 8 thru Feb. 14th as "National Distributive Education Clubs of America Week" received by Sharon Collier of Dubuque Senior High School and Scott Kessler of Hempstead High School. Feb. 14th thru 20th as "Brotherhood Week" received by Rev. James Ray. Feb. 12th thru 14th as "Safety Sab- bath" received by Fred Wagner. 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 Rezone Certain Properties Located East of J.F.K. Road between Foothill Road and the Fire Station and acting upon such other business which may properly come before th~e Council. Council Member Hammel 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 Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to amend Zoning Ordinance by reclassifying property located east of J.F.K. Road between Foothill Road and Fire Station as requested by Powers Construction Co., presented and read. There were no written objecUmns received and no oral objectors present at the time set for the Hearing. Jay Powers of Powers Construction Co. requested Council endorsement for this rezoning and gave specifics as to the future plans for this area. Council Member Hammel moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. ORDINANCE NO. 4-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PRO- PERTY LOCATED IN BLOCK V IN ASBURY SPRINGS SUB. NO. 4 FROM "R-5 MULTI-FAMILY RESIDENTIAL DISTRICT CLASSIFICATION" TO '~OR-1 PLANNED UNIT DEVELOPMENT DISTRICT", said Ordinance having been presented and read at the Council Meeting of January 18, 1982, presented for final adoption. ORDINANCE NO. 4-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING PROPERTY HEREINAFTER DESCRIBED FROM "R-5 MULTI- FAMILY RESIDENTIAL DIS- TRICT'' CLASSIFICATION TO "OR-I PLANNED UNIT DEVEL- OPMENT DISTRICT". WHEREAS, Powers Construction Company as applicant, owners and developer, have filed a Preliminary Development Plan for certain property hereinafter described in accordance with provisions of the Planned Unit Development District regulations as set forth in Section 4-110 of Article IV of the Code of Ordinances, Appendix A thereof, of the City of Dubuque. Iowa; and WHEREAS, said applicants have aiso filed an application for reclassifi- cation of said property from "R-5 Multi-Fanfily Resldential District" to "OR-1 Planned Unit Development District" in accordance with the provi- sions of zoning reclassification as set forth in Article VIII of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zen- lng Commission has held a public hearing on said Preliminary Develop- meat Plan and said application for Special Session, February 8, 1982 37 zoning reclassification pursuant to required published notice; and WHEREAS, the Planning and Zon- ing Commission has conditionally approved said Preliminary Develop- ment Plan and said application for zoning reclassification having found that said Plan conforms with the review standards applicable to such plans as set forth in Section 4-110.10 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 recommended the con- currence of the City Council in conditional approval of said Prelimi- nary Development Plan and said application for zoning and reclassifica- tion; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and has held its own public bearing 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 said Prelimi- nary Development Plan and said application for zoning reclassification; 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 reclassifying from "R-5 Multi-Family Residential District" to "OR-1 Planned Unit Development District" the following described property, to wit: Part of Lot 1 of Lot 1 of Block V in Asbury Springs Sub. No. 4, com- mencing at the northwest corner, thence east 210/feet to a point, thence south 665 feet to a point, thence west 198 feet to a point, thence north 660 feet to the point of beginning. Section 2. That the reclassification from "R-5 Multi-Family Residential District" to "OR-1 Planned Unit Development District" applied to the property herein above described is a tentative reclassification and final adoption of said reclassification is eon- tingent upon the submission of a final development plan, conditions as estab- lished by Planning and Zoning Com- mission in their minutes of danuary 6, 1982 and, in accordance with Section 4-110.11.3 of the Zoning Ordinance of the City of Dubuque, Iowa, and fur- ther that failure by the developer to comply with the requirements as set forth therein, shall automatically revert said property to its former "R-5 Multi-Family Residential District" classification. PASSED, APPROVED AND ADOPTED this 8th day of February, 1982. James E. Brady MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 12th day of February 1982. Mary A. Davis It 2/12 City Clerk Council Member Hammel moved final adoption of the Ordinance. 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, of Notice of Public Hearing to amend the Zoning Or- dinance by reclassifying portion of Block IV of Asbury Springs Sub. No. 2 as requested by Powers Construction Co., presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Hammel moved that the proof of publlcatlon be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 5-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING POR- TIONS OF PROPERTY LOCATED IN BLOCK IV OF ASBURY SPR- INGS SUB. NO. 2 FROM R-2 SINGLE FAMILY RESIDENTIAL, R-4 MULTI-FAMILY RESIDEN- 38 Special Session, February 8, 1982 TIAL DISTRICT AND R-5 MULTI- FAMILY RESIDENTIAL DISTRICTS TO R-3 MULTI- FAMILY RESIDENTIAL DISTRICT, said Ordinance having been presented and read at the Council Meeting of January 18, 1982, presented for final adoption. ORDINANCE NO. 5-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM "R-2 SINGLE- FAMILY RESIDENTIAL DIS- TRICT, R-4 MULTI-FAMILY RESIDENTIAL DISTRICT AND R-5 MULTI-FAMILY RESIDEN- TIAL DISTRICT" TO "R-3 MULTI-FAMILY RESIDENTIAL DISTRICT". 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 mnended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuqne, Iowa", to reclassify hereinafter described property from "R-2 Single-Family Residential Distr- ict" classification, "R-4 Multi-Family Residential District" classification and "R-5 Multi-Family Residential Dis- trict' classification to "R-3 Multi- Family Residential District" classifica- tion, to wit: Block IV of Asbury Springs Sub. No. 2, and part of Lot 1 of Lot 1 of Block V in Asbury Springs Sub. No. 4, except for the portion commencing at tne Northwest Corner, thence east 210 feet to a point, thence south 665 feet to a point, thence west 198 feet to a point, thence north 660 feet to the point of beginning 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 8th day of February, 1982. James E. Brady MAYOR ATTEST: Mary A~ Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 12th day of February 1982. Mary A. Davis City Clerk Council Member Hummel moved final adoption of the Ordinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 27-82 A Resolution Regarding the Issuance of Not to Exceed $3,200,000 in Ag- gregate Principal Amount of In- dustrial Development Revenue Bonds (Thermolyns Corporation Project) of the City of Dubuque, Iowa, Directing Publication of Notice of Intention to Issue, and Calling a Public Hearing on the Proposal to Issue Said Bonds and Authorizing Execution of a Memoran- dum of Agreement. WHEREAS, the City of Dubuque, Iowa (hereinafter referred to as the "City"), is a municipal corporation organized and existing under the Con- stitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Industrial Development Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, con- structing, improving and equipping a "Project" as that term is defined in the Act, for the purpose of securing and developing industry and trade witMn or near the City in order to create jobs and employment oppor- tunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has been re- quested by Thermolyne Corporation, an Iowa corporation (hereinafter refer- red to as the "Company"), to authorize and issue not to exceed $3,200,00 in aggregate principal amount of its In- dustrial Development Revenue Bonds (Thermolyne Corporation Project) (the "Bonds"l, pursuant to the provisions of the Act for the purpose of defraying Special Session, February 8, 1982 89 all or a portion of the cost of expan- ding an industrial facility be adding to, renovating, improving and equipping the existing office and manufacturing facility of the Company located in the City of Dubuque, Iowa, suitable for use in manufacturing ovens and other heating apparatus (hereinafter refer- red to as the "Project"), which Project will be owned and operated by Com- pany; and WHEREAS, said Project will create additional employment opportunities for residents of the City and the sur- rounding area; will enhance the tax base of the City and overlapping tax- ing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS, the City has determin- ed that the amount necessary to defray all or a portion of the cost of ex- panding, constructing, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $3,200,000 aggregate principal amount of its Industrial Development Revenue Bonds pur- suant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Com- pany pursuant to which loan payments will be made by the Com- pany in amounts sufficient to pay the principal of and interest and premium, if any, on said Bonds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Pro- ject to be financed by the Bonds; and WHEREAS, regulations pro- mulgated under Section 103 of the In- ternal Revenue Code of 1954, as amended, may require that the Issuer of such Bonds adopt a Resolution with respect to such Bonds or tak~ "some other similar official action" toward the issuance of such Bonds prior to the commencement of construction or ac- quisition relating to the proposed Pro- ject, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memoran- dum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issuance of said Bonds, and the City believes it desirable and in its best in- terest that said Memorandum of Agreement be executed for and on behalf of the City; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provid- ed by Section 419.9 of the Act. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Coun- cil of the City of Dubuque, Iowa, as follows: Section 1. A public hearing shall be conducted on March 8, 1982, at Z'30 o 'clock p.m., before this City Council in the Public Library Auditorium in the City of Dubuque, Iowa, on the pro- posal to issue not to exceed $3,200,000 aggregate principal amount of the City's Industrial Development Revenue Bonds, pursuant to the provi- sions of the Ac~ for the purpose of defraying all or a portion of the cost of expanding, constructing, improving and equipping the Projecg including necessary expenses ineidential thereto, and all local residents who appear at said hearing shall be given an oppo~ tunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any ad- rournment thereof, this City Council shall adopt a Resolution determining whether or not to proceed with the is- suance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Telegraph-Herald, a legal newspaper published and having a general circulo, tion within the City, a Notice of Inten- tion to issue said Bonds in substantial- ly the following form,' NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Thermolyne Corporation Project) 4O Special Session, February 8, 1982 Notice is hereby given that a public hearing will be conducted before the Council of the City of Dubuque, Iowa, in the Public Library Auditorium in said City at 7:30 o'clock p.m., on Marcli 8~ 1982, on the proposal to issue not to exceed $3,200,000 principal amount of the City's Industrial Development Revenue Bonds (Ther- molyne Corporation Project), pur- suant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of defraying aH or a portion of the cost of expanding an industrial facility by ad- ding to, renovating, improving and equipping the existing office and manufacturing facility of Thermolyne Corporation, an Iowa corporation located on land presently owned by the Company suitable for use in manufac- turing ovens and other heating ap- paratus Ithe "Project"). It is contemplated that a Loan Agreement will be entered into bet- ween the City and the Company under which the City would loan to the Com- pany the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shah fall due. Such Bonds, if issued, and the in- terest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shah never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shah not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. AH local residents who appear at said hearing shah be given an oppor- tunity to express their views for or against the proposal to issue said Bonds, and at said bearing, or any ad~ journment thereof, the Council of said City shah adopt a resolution determln- lng whether or not to proceed with the issuance of said Bonds. By Order of the City Council. Mary A. Davis Clerk of the City of Dubuque, Iowa Section 3. The City recognizes that regulations promulgated under Sec- ~lon 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Bonds issued by the City and used to acquire, con- struc~ improve and equip such in- dustrial development project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute solely for federal income tax purposes official action or "some other similar official action" with respect to the is- suance of such Bonds. Section 4. That in order to assure the construction, improvement and equip- ping of these manufacturing facilities in the city of Dubuque, Iowa~ with the resulting public benefits, it is deemed necessary and advisable that the Memorandum of Agreemeng in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the city be and hereby is authorized to at- test the same and to affix the seal of the City thereto and said Memoran- dura of Agreement is hereby made a part of this Resolutio~ Section 5. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and ad- vances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the pro- ceads of the Bonds when and if delivered, but otherwise without liability on the part of the City. Section 6. That officials of the City are hereby authorized to take such fu~ thor action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement Section 7. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such con- ffic~ hereby repealed, and this Resolu- tion shall be in full force and effect ira- mediately upon its adoptio~ Adopted and approved this 8th day of February, 1982. City of Dubuque James Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal) EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Dubuque, in Dubuque County, Iowa, party of the f~rst part (hereinafter referred to as the "City"), and Thar- molyne Corporation, an Iowa corpora- tion, party of the second part (hereinafter referred to as the Special Session, February 8, 1982 41 "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iow~ authorized and empowered by the pro- visions of Chapter 419 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and equipment suitable for industrial projects as defined therein; and (b) In order to provide for industrial development and employment oppo~ tunities for the inhabitants of the City and to add to the welfare and prosper- ity of the City and of such inhabitants the City proposes to loan to the Com- pany funds to finance the expansion of an industrial facility by adding to, renovating, improving and equipping the existing office and manufacturing facility of the Company located in the City of Dubuque, Iowa, suitable for use in manufacturing ovens and other heating apparatus (herein referred to as the "Project"); and (c) It is considered essential that ac- quisition and construction related to the Project commence at the earliest practicable date. However, before com- mencing the Project, the Company desires satisfactory assurances from the City that the proceeds from the sale of Industrial Development Revenue Bonds of the City will be made available in an amount sufficient to finance aH or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $3,200,000. (d) Representatives of the City have indicated the willingness of the City to proceed with and effect such financing as an inducement to the Company to expand its facilities in the City and the City has advised the Company that, subject to due compliance with aH re- quirements of law and the obtaining of aH necessary consents and approvals and to the happening of aH acts, condi- tions and things required to exist, hap- pen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Bonds in an amount sufficient to finance all or a portion of the cost of the Project. le) The City considers that the undertaking of the Project will pre- mote industrial development of the City, provide employment oppor- tunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, in- crease the City's commence and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the City. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds, pursuant to the terms of the Act as then in force, in an aggregate principal amount sufficient to finance ali or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $3,200,000. (b) That it will cooperate with Com- pany to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or ad- vlaable for the authorization, issuance and sale of the bonds and the financing of the Project as aforesaid, and the entering into a Loan Agreement with the Company with respect to the Pro- ject, ali as shah be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payment to be used to pay the principal of and premium, if any, and interest on the Bonds) payable under the Loan Agreement shah be such sums as shah be suffi- cient to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shah become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be re- quired to implement the aforesaid undertakings or as it may deem ap- propriate in pursuance thereof. 3. Undertakings on the Part of the Company~ The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Bonds in an aggregate principal amount as above stated; pro- vided, however, that the terms of the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the ex~ 42 Special Session, February 8, 1982 cution of this agreement and the tak- ing of "official action" toward the is- suance of the Bonds by the City, ac- quired or connnencod construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimburs- ed from the proceeds of the bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or con- tracts for the acqusltion, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Bonds it will execute a Loan Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of and interest and redemp- tion premium, if any, on the Bonds as and when the same shah become due and payable, such instrument to con- tain other provisions required by law and such other provisions as shah be mutually acceptable to the City and the Company. (d) That it will take such further ac- tion and adopt such further pro- ceedings as may be required to imple. ment its aforesaid undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before June 30, 1983 (or such other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the pro- ceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of tins paragraph take place within the time set forth or any exten- sion thereof, the Company agrees that it will reimburse the City for an reasonable and necessary direct out, of- pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to per- form by the City of its obligations hereunder, or done at the request of the Company. (c) All commitments of the City hereof are further subject to the condi- tions that the City, and its elected and appointed officials, shall in no event in- cur any liability for any act or omis- sion hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision and shall not con- stitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the par- ties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 8th day of February, 1982. City of Dubuque, Iowa James Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal of City) Thermolyne Corporation Kenneth Townsend President ATTEST: John G. Brummer Secretary (Seal of Compony) Council Member Klauer moved adoption of the Resolution, setting Hearing for March 8, 1982 in the Public Library Auditorium. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of DMATS Policy Commit- tee requesting matching funds in the amount of $6,300.00 for a Rail Study, presented and read. Bob Krayer, Chairman of the Raft Study, Frank Bertsch and Joe Loes stated that this would be Phase II of the study and this would match funds committed by the shippers and the County, and hoped for Council ap- proval of this expenditure. Council Member Hammel moved to receive and ~e the petition and to grant funds as requested. Seconded by Council Member Klaesnsr. Vote on the Motion was as follows: Yeas--Council Members Beurskens, Hammel, Khiesner. Nays--Mayor Brady, Council Mem- bers Deich, Klauer, Kronfeldt. MOTION FAILED. Special Session, February 8, 1982 43 Communication of City Manager submitting a correction Resolution regarding sale of land to Schiltz Development Corp., presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 28-82 WHEREAS, the City Council of th, City of Dubuque met on the 7th and 21st days of December, 1981, to con- sider a proposal to dispose of the City's interest in Lot 1 of Lot 2of the Subdivision of Lot 1 of the S.W. ¼ of the S.W. ¼ of Section 28, T89N, R2E to Schiltz Development Corporation; and WHEREAS, Resolutions 373-81 and 386-81 were adopted on the above dates disposing of the City's interest in said lot; and WHEREAS, Resolutions 373-81 and 386-81 incorrectly describe the subject property as Lot 1 of Lot 1 of the Sub- division of Lot 1 of the S.W. ¼ of the S.W. ~ of Section 28, T89N, R2E. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 375-B1, recorded as instrument number 7193-81 in the Dubuque County Recorder's Office, be corrected to read Lot 1 of Lot2 of the Subdivision of LOt i oftheS. W. ~ oftheS. W. ~ of Sec- tion 28, T89N, R2E. Section 2. That Resolution No. 386-81, recorded as instrument number 7373-81 in the Dubuque County Recorder's Office, be corrected to read Lot i of Lot 2 of the Subdivision of Lot i oftheS. W. ~ oftheS. W. ~ of Sec- tion 28, T89N,, R2E. Section 3. That all other provisions of Resolutions 373~1 and 386-81 re- main as approvec~ Section 4. That the City Clerk be and is hereby directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder, the of- rice of the City Assessor and the office of the Dubuque. County Auditor. Passed, approved and adopted this 8th day Of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Delch, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 29-82 A Resolution Clarifying the Policy of the City Council of the City of Dubu- quo, Iowa on the Matter of Alternate Locations for the U.S. 61 Relocation Project in the Vicinity of the 16th Street Stormwater Detention Basin WHEREAS, the Iowa Department of Transportation has distributed a Draft Environmental Impact State- ment for a Freeway 561 (U.S. 61 Relocation) project, and had held a public hearing thereon on June 10, 1980; and WHEREAS, representatives of the A.Y. McDonald Manufacturing Com- pany had been present at the public hearing to report their concern for the possible loss of property needed for the expansion and further develop- ment of that company's operation in Dubuque, Iowa, and had subsequently ~rovided additional documentation of the serious impact that certain highway alignments would have on the company's plans for facility expansion and employment growth; and WHEREAS, the Dubuque City Council, after due consideration of the impacts associated with alternative highway alignments, did adopt Resolution No. 203-80, authorizing submission to the Iowa Department of Transportation of a statement on behalf of the Dubuque City Council on its preferences for alignment of the Freeway 561 project; and WHEREAS, the statement of the Dubuque City Council, dated June 16, 1980 included a provision as fonows: "The City Council has selected the West Alternate for the superior ac- cess to the central business district. However, the Council is particularly concerned about the impact that this alignment will have on two manufacturers in the community, Special Session, February 8, 1982 A.Y. McDonald Manufacturing Company and Klauer Manufactur- ing Company. Therefore, the City Council recommends that continued refinement of the West alignment be made so that access is provided at Ninth and Tenth Streets and every effort be made to search for alter- nates that will avoid impacting the A.Y. McDonald property, specifical- ly property on which A.Y. McDonald has plans for expansion east of the plant. Should the design result in significant encroachment on proper- ty planned for expansion by A.Y. McDonald, the City would not give final approval to that design section of the West Alternate"; and WHEREAS, the Iowa Department of Transportation Commission, on September 2, 1980, concurred in the proposal of the Dubuque City Council, and approved selection of a Locust Street-West Corridor for the 561 pro- ject, with the understanding that a continued effort be made to find lower- cost alternatives; and, WHEREAS, the final Environmen- tal Impact Statement for the U.S. 61 Relocation project had illustrated the potential economies to be obtained in avoiding the crossing of the 16th Street stormwater detention basin by encroaching upon property of the A.Y. McDonald Manufacturing Company, and noted as follows: "This alternative is substantially less costly andis determined to have no adverse effectS'on the wetland and or the bald eagle. If adverse impacts to the manufacturing corn~ pany cannot be resolved and these impacts justify the high cost of going through the stormwater reten- tion basin, then such an alignment will be pursued and coordinated with other agencies. A supplemental document assessing impacts of such an alignment may be necessary. Although the Iowa Department of Transportation Commission tenta- tively selected the West Freeway Alignment through the retention basin, the action specified further consideration of the Ninth through Sixteenth Street Expressway Varia- tion Alternate if the impacts to the manufacturing company could be r~- solved"; and WHEREAS, investigations have been made by the A.Y. McDonald Company, the City of Dubuque, and the Iowa Department of Transporta- tion of a mutually advantageous solu- tion which would provide for the lower- cost alignment of the U.S. 61 Reloca- tion project across the company's pro- perry, while affording the company a satisfactory opportunity to relocate its manufacturing facilities to an alter- native site on which its future growth, development and employment expan- sion would be relieved of any threat of displacement; and WHEREAS, in order that the record of the Dubuque City Council in the matter of alternative locations for the U.S. 61 Relocation project reflect its position on such mutually agreeable relocation efforts; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the poliey of the City of Dubuque regarding alternative loca~ tions for the U.S. 61 Relocation projec~ as set forth in the letter of Carolyn Fa~ rel~ Mayor to Robert L. Humphrey of June 16, 1980, is hereby modified for the purpose of recording the support and encouragement of the City Council of the City of Dubuque, Iowa for el' forts to secure approval ora lowe~cost alignment for said project within pro- perty of the A. Y. McDonald Company; provided however, that such efforts shall result in the relocation of the com- pany's manufacturing operations to an alternate site in the City of Dubuque, Iowa, according to terms and condi- tions satisfactory to the company, and to the mutual benefit of the lowa Department of Transportation and to the advancement of the U.S. 61 Reloca- tion project. Section 2. That the City Council of the City of Dubeque, lowa does hereby support and encourage the efforts of the Iowa Department of Transporta- tion, the Federal Highway Administra- tioa, the Federal Department of Hous- lng and Urban Developmen~ and the A.Y. McDonald Company to reach mutually acceptable agreements to relocate the Company and to acquire its property for highway right-of-way purposes. Section 3. That certified copies of thc foregoing Resolution be transmitted to the Iowa Department of Transporta- tlon and to the Federal Highway Ad- ministration as evidence of the posi- tion of the City Council of the City of Dubuque, lowa in the matters aforesaid. Specisl Session, February 8, 1982 Passed, adopted and approved this 8th day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 30-82 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Earl and Mary Leu Haferbecher 1401 Elm St. Passed, adopted and approved this 8th day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yees--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klauer, Kluesner, Kronfaldt. Nays--None. RESOLUTION NO. 31-82 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupled by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS~"C'' BEER PERMIT LaVern Nicholas Hennen 3300 Asbury (Also Sunday Sales) Lucky Stores, Inc. 1800 Elm St. (Also Sunday Sales) Lucky Stores, Inc. 2050 J.F.K. Rd. (Also Sunday Sales) Passed, adopted and approved this 8th day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammal, Klauer, Kinesner, Kronfeldt. Nays--None. RESOLUTION NO. 32-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- pllcants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William Urbnin 2186 Central Earl and Mary Leu Haferbecker 1401 Elm St. (Also Sunday Sales) Passed, adopted and approved this 8th day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of Corporation Special Session, February 8, 1982 Counsel request'mg Closed Session with Council to discuss pending litiga- tion, 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, Daich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Minutes Submitted: Civil Service Commission of 12-1 and 1-8; Playground and Recreation Commis- sion of 1-11, presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Dnich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Notices of Claims and Suits: At- torney R.N. Russo, on behalf of Helen M. Justmann, in determined amount for personal injuries; Janet Hitten- miller in amount of $132.23 for tire damages; Roccu Buda, Jr. in unknown amount for car damages; Gary G. Yeager, in unknown amount for damages to car windshield, 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- bars Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel Lindahl recommending denial of claims filed by Loti Rieder, Gary Brown, and Carl Tropf, presented and read. Council Member Beurskens moved that the communication be received and filed and denials approved. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel Lindahi recommending denial of claims filed by Alphonse Mainers, Merle Gaber, Donald Cavanaugh and Mrs. Joy Salas and recommending claims be forwarded to contractor, presented and read. Council Member Beurekens moved that the communication be received and filed and denials approved. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Bourskens, Deich, Hummel, Klauer, Klaesner, Kronfeldt. Nays--None. Communication of Civil Aeronautics Boards submitting Notices of Intent of Ozark Air Lines, Inc. to suspend all service at Fort Dodge and Mason City, Iowa, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hummel, Klauer, Kluesner, Kronfoldt. Nays--None. Communicatlon of City Manager submitting monthly reports for month of December, 1981, and Proof of publication of List of Claims and Receipts for month of December, 1981, presented and road, Council Member Klauer moved that the communication and proof of publication be received and filed. Seconded by Council Member Deich. Carried by tha following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hummel, Klauer, Klaesner, Kronfeldt. Nays--None. Petition of Dubuque Symphony Or- chestra urging continued financial support for tho Information and Refer- ral Agency, presented and read. Council Member Klauer moved that the petition be referred to the Budget Work Session. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauor, Khiesner, Kronfeldt. Nays--None. Request of Mayor of Asbury re- questing information of our long and short term plans for Redford Road north from Pennsylvania to the Asbury City Limits, presented and read. Council Member Klauer moved that the request be referred to tho City Manager. Seconded by Council Mem- Special Session, February 8, 1982 bar Deich. Carried by the following vote: Yeas--Mayor Brady, Coqncil Mem- bers Beurskens, Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Communication of Clarence Werni- mont relative to unshoveled sidewalks hi area of 2976 Central Ave., presented and read. Council Member Klauer moved that the communicatlon be referred to the City Manager. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Dean Anderson, Jerome Schneider Richard Sorenson, Sheila Sorenson Gayle Harnmon, Jim Burro, John Henn, and Attorney E. David Wright addressed the Council relative to the Nemmers' lawsuit and the zoning mat- ter on the Cedar Cross road, stressing that the City should not settle out of Court and informing them of past oc- curences relative to this matter. 9:20 p.m. Council Member Klauer moved to go into Closed Session to discuss strategy with Council in mat- ters that are presently in litigation. 9:57 p.m. Council roconvened. Mayor Brady announced that the Council gave direction to the Corpora- tion Counsel concerning matters that are pending in litigation. There being no further business, Council Member Deich moved to ad- journ. Seconded by tho following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved __1982 Adopted __1982 Mayor Council Members ATTEST: City Clerk 47 Special Session, February 15, 1982 CITY COUNCIL OFFICIAL Special Session, February 15, 1982. Council Met at 7:30 p.m., Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Car- poration Counsai Barry A. LindahL Mayor Brady read the call and stated that service thereof had been duly made and this meeting is called for the purpose to consider Resolu- tions providing for the construction of Cedar Cross Road, Crescent Ridge and Crescent Court Water Main Extension and acting upon such other business which may properly come before the Council. Invocation was given by Father Paul Weis of Nativity Church. Proclamations: Feb. 21-27, 1982 as "Naitonal Engineers' Week" received by Don Burchett; ' Feb. 20, 1982 as "Kids Bowling for Kids Day" received by Brenda Cllf- ford. Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council of they so desire. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Daich, Hammel, Klauer, Kloosner, Kronfaidt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Pendency on Resolution of Necessity for the con- struction of Cedar Cross Road, Cres- cent Ridge and Crescent Court Water Main Extension, presented and read. There were no written objections received. Dr. and Mrs. Neumeister, 3675 Cres- cent Ridge, questioned specifics of the proposed water main extension, and objected to taxes and assessments on their annexed property, stressing that area is not rec~ivlng sufficient fire and police protection or adequate street repair. Council Member Beurskens moved that the proof of publication be recaiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 23-82 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- qua, Iowa, and are now on file in the of- fice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Cedar Cross Road, Crescent Ridge and Crescent Court Water Main Ex- tension. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for ~be public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Water Construction Fund. The above resolution was introduc- ed, approved and ordered placed on filed with the City Clerk this 1st day of February, 1982. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 15th day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Special Session Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 33-82 WHEREAS, proposed plans and specifications and form of contract for the Cedar Cross Road, Crescent Ridge and Crescent Court Water Main Ex- tension have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 15th day of February, 1982; and WHEREAS, the City Council met in special session this 15th day of February, 1982, at 7:30 p.m. at the Public Library Auditorium for the pur- pose of hearing all interested parties and considering specifications or con- tract for or cost of the improvement herein described and proposed to be made; and WHEREAS, ail interested parties have been given an opportunity to be heard and ail objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon ali objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record ~in connection with said improvement. Passed, adopted and approved this 15th day of February, 1982, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by February 15, 1982 49 the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Ordering Construction) RESOLUTION NO. 34-82 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 23-82 which was duly passed by this Council for the Cedar Cross Road, Crescent Ridge and Cres- cent Court Water Main Extension be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accor- dance with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said Improvement be paid from the Water Construction Fund. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 2nd day of March, 1982. Bids shah 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 8th day of March, 1982. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shah be in force and effect from and after its passage and adoption by the City Council. Passed. adopted and approved this 15th day of February, 1982. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Beurskens moved adoption of tho Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Hone. Communication of Planning and Special Session, February 15, 1982 Zoning approving request of Fischer Investment Co. to rezone properties at 442-444 and 426-4 West 5th Street, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. AN ORDINANCE Amending Zon- ing Ordinance to rezone properties at 442-444 and 426-428 West 5th St. from R-3 Multi-Family Residential District to OR-1 Office Residential District Classification, 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 Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, 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 Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Ktauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on March 8, 1982 at 7:30 p.m. in the Public Library Auditorium. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of Notice to Contractor for the receipt of proposals for the con- struction of Resurrection Church Sanitary Sewer, presented and read. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kiauer, Kinesner. Nays--Council Member Kronfeldt. Communication of City Manager ad- vising bidding for project was cancell- ed and requesting to repeal Resolu- tion(s) providing for this project, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. Attorney Robert Bertsch, on behalf of Carl Burbach, and Attorney Michael Meiloy, on behalf of Resurrec- tion Church, requested that Council not defeat this project as there is definite need for a sewer in this area. A RESOLUTION Repealing Resolu- tion Nos. 390-81, 391-81,392-81, 12-82 and 13-82 pertaining to construction of Resurrection Church Sanitary Sewer, presented and read. Council Member Kineener moved adoption of the Resolution. Seconded by Council Member Beurskens. Vote on the motion was as follows: Yeas--Council Members Beurskens, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- bers Deich, Hammel, Klauer. MOTION FAILED. Council Member Klauer moved that the Resurrection Church Sanitary Sewer matter be referred to the Coun- cil Budget Work Session. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hamme], Klauer, Klueener, Kronfeldt. Nays--None. A RESOLUTION Providing for an Anti-Gag Resolution for City Employees (referred from meeting of 1-11-82), upon discussion removed from Agenda. Council Member Kronfeldt moved to reconsider action taken at the Council Meeting of Feb. 8, 1982 regarding the Rail Study. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady~ Council Mem- bers Beurskens, Deich, Haum~el, Kinesner, Kronfeldt. Nays--Council Member Klauer. Victor Grice, 2335 Coventry Ct., ob- jected to the Rail Study. Special Session, February 15, 1982 51 Frank Bertsch of Flexsteel, r~- quested approval of this Study. Council Member Hammel moved that they grant funds in the amount of $6300 to be contributed to the "Rail Study." Seconded by Council Member Kluesner. Council Member Deich moved an amendment to the original motion subject to the understanding that Mayor and Council Members be able to make suggested changes in propos- ed contract and subject to the ap- proval of final contract with DMATS Policy Committee at or after their meeting in March. Seconded by Coun- cil Member Klauer. Vote on the Amendment: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Klauer, Kronfeldt. Nays--Council Members Hammel, Kinesner, MOTION PASSED. Vote on the original motion: Yeas--Council Members Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Council Members Dalch, Klauer. Abstain--Mayor Brady. MOTION PASSED. Council Member Haromel moved to remove the proposed Dock Board Or- dinances from the table and refer to Legal Staff (tabled at meeting of 2-1-82) and bring back at the meeting of Feb. 22nd. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Hammel, Klauer, Kluesner, Kronfaldt. Nays--Council Member Deich. Council Member Hammel moved to refer to Legal Staff an Ordinance for the make-up of the Transit Board, changing membership from three to five and removing compensatlo~ and bring hack at the meeting of 2-22-82. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Itama~el, Klauer, Kluesner, Kronfeldt. Nays--Council Member Deich. RESOLUTION NO. 35-82 RE 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 Cigerettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Plaza 20 Foods, Inc. 2600 Dodge Passed, adopted and approved this 15th day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klauer, Kiuesner, Kronfeldt. Nays--None. RESOLUTION NO. 36-82 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Couocfl 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 Plaza 20 Foods, Inc. 2600 Dodge (Also Sunday Sales) Passed, adopted and approved this 15th day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of tho Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas- Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 374~2 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- 52 Special Session, February 15, 1982 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 Dorothy Shaffer 1103 Iowa St. (Also Sunday Sales) Passed, adopted and approved this 15th day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Nammel, Klauer, Klaesner, Kronfeldt. Nays--None. A Petition of Corporation Counsel requesting Closed Session with Coun- cil and Assistant City Attorney to discuss strategy with Council in mat- ters that are presently in litigation, upon discussion, petition withdrawn. Minutes Submitted: Cable Com- munity Tele-Programming of 2-2; Dock Board of 1-21 and 1-28; Five Flags Comm. of 1-11; Park Board of 1-21; Planning and Zoning of 2-3; Air- port Comm. of 2-1, presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammai, Klauer, Khiesner, Kronfeldt. Nays--None. Notices of Claims: Richard Patters in est. amount of $61.80 for car damages, presented and read. Council Member Klauer moved that the claim be referred to the Corpora- tion Counsel for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of City Manager submitting response to complaint of Clarence Wernimont regarding un- shoveled snow at 2976 Central Ave., presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammai, Klauer, Kinesner, Kronfeldt. Nays--None. Petitions from Mary Burdt, Debra A. Gearhart, Deb Bicker, Jane Adams, Community Mental Health Center, Hiilcrest Family Services, Karl Funk, Jr., Tricla Bowen, Carol Lynch, Phone- A-Friend, Inc., Sara McAlpin BVM, Dubuque County Assn. for Retarded Citizens, Inc., Irene Kaukaekie, Sue Reilly, Donald R. Osborne, ACSW, Mary Schlitz-Fitzpatrick, Mrs. Robert Mann, Patti Boland, Georgie Ott- manns, Ron Ward, Ardell Schreck, Matin's, Cindy Chapman, Willy Langkamp, Jean Kerr, John Kutech, Michael Chapman, Teresa Delaney, Lawrence Becker and Josie Ford r~- questing funding be granted to Infor- marion and Referral Service, presented and read. Council Member Klauer moved that the petitions be referred to the Budget. Seconded by Council Member Klaesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Brain Hubbe requesting City contract him for painting house addresses on street curbs, presented and read. .' Council Member Klauer moved that the petition be referred to Council. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Ireue Pins requesting closer parking area near the Ecumenical Towers, presented and read. Council Member Klauer moved that Special Session, February 15, 1982 the petition by referred to the City Mgr. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, ttamme] Klauer, Kluesner, Kronfcldt. Nays--None. Communication of the Downtown Assn. supporting the $135,000 Block Grant Funds allocated for Old Main Street Redevelopment District presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Nammel, Klauer, Kluesner, Kronfeldt. Nays--None. Gary Grimme, 125 W. 9th St., re- quested Council investigate City responsibility on behalf of himself and other citizens in need of basic food and shelter sustenance. Upon discussion Council referred this problem to Corp. Counsel to investigate City respon- sibility. Bruce Davis, 2721 Elm St., objected to any fee being charged as admission to City Parks. Bill Lux, 1855 Eden Lane, expressed concern for the City of Dubuque and objected to purchasing outside ser- vices and that the City should get more involved in recruiting volunteers. Richard Carpenter, 1405 O'Hagen, objected to heavy vehicle traffic on O'Hagen Street. There being no further business, Council Member Klauer moved to ad- journ. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved _1982 Adopted __1982 Mayor Council Members ATTEST: City Clerk Special Session, February 22, 1982 CITY COUNCIL OFFICIAL Special Session, February 22, 1982. Council Met at 7:30 p.m., Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahl. 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 vacating a parcel of property located in Block 9 River- front Sub. #3 and acting upon such other business which may properly come before the Council. Invocation was given by Father Thomas Vos of Holy Trinity Catholic Church. Proclamations: March I thru April 11, 1982 as "Easter Seal Weeks in Dubuque" received by Mary Biggins. March 7 thru 13, 1982 as "Girl Scout Week" received by Angie Burke, Christine Fitzgerald and Joan Briggs. 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- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing for the purpose to vacate and dispose of interest in parcel of proper- ty located in Block 9 Riverfront Sub. #3, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 6-82 AN ORDINANCE VACATING A PORTION OF FARRAGUT STREET, GARFIELD AVENUE AND THE ALLEY SOUTH OF FAR- RAGUT STREET PARALLEL TO KERPER BLVD., said Ordinance hay- lng been presented and read at the Council Meeting of Feb. 1, 1982, presented for final adoption. ORDINANCE NO. 6-82 AN ORDINANCE VACATING A PORTION OF FARRAGUT STREET, GARFIELD AVENUE AND THE ALLEY SOUTH OF FAR- RAGUT STREET PARALLEL TO KERPER BOULEVARD WHEREAS, Thermolyne Corpora- tion has requested the vacation of a portion of Farragut Street, Garfield Avenue and the alley south of Farra- gut Street parallel to Kerper Boule- vard in the City of Dubuque, Iowa; and WHEREAS, Bortels, LeMay, Haas and Wm. J. Byrne Engineering Com- pany has prepared and submitted to the City Council a plat showing the vacated streets and assigned lot num- bers thereto, and which shall hereafter be known and described as Lot 2-A, Lot 2-B and Lot 2-C, all in Block 9, Riverfront Subdivision No. 3, in the City of Dubuque, Iowa; and WHEREAS, the City of Dubuque, Iowa, has determined that these streets and alleys are no longer required for public use and the vacation of said streets and alleys known as Lot 2-A, Lot 2-B and Lot 2-C, in Block 9, Riverfront Subdivision No. 3, in the City of Dubuque, Iowa, should be approved. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Dubuque, Iowa: Section 1. That said Real Estate described as Lot 2-A, Lot 2-B, and Lot 2-C, all in Block 9, Riveffront Subdivision No. 3, in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the City reserves unto itself a perpetual easement in, over and across said Real Estate for public utilities, together with and including the right of ingress and egress thereto, for the purpose of repairing and maintaining existing sewer and public utilities. Section 3. That the City Clerk be and is hereby authorized and directed to cause a Notice of Intent to dispose of said Real Estate in a manner ss prescribed by law. ~eetion 4. That the conveyance of said Lot 2-A, Lot 2-B and Lot 2-C, in Block 9, Riverfront Subdivision No. 3, in the City of Dubuque, Iowa, to the Thermolyne Corporation, be and Special Session, February 22, 1982 the same is hereby approved upon payment of $14,272.00 and upon pay- ment of publication and filing fees. PASSED, APPROVED AND ADOPTED this 22 day of February, 1982. James E. Brady, MAYOR ATTEST: Mary A. Davis, CITY CLERK Published officially in the Telegraph Herald newspaper this 26th day of February 1982. Mary A. Davis it 2/26 City Clerk Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 38-82 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circnia- tion, published in the City of Dubuque, Iowa on February 11, 1982, the City Council of the City of Dubuque, Iowa met on the 22nd day of February, 1982 at 7:30 o clock p.m. (CST) in the Pubhc Library Auditorium, 11th and Locust Streets, Dubuque, Dubuque County, Iowa to consider the proposal of the vacation and sale of real estate described as: Lot 2-A, Lot 2-B and Lot 2-C all in Block 9 Riverfront Subdivision #3 in the City of Dubuque, Iowa. to THERMOLYNE CORPORATION: and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest the City of Dubuque, Iowa in the hereinabove described real estate to the above named Grantee; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of retest of the City of Dubuque, Dubu- que County, Iowa in vacated real estate owned by the City of Dubuque, Iowa and sale thereof known and described as Lot 2-A, Lot 2-B and Lot 2-C in Block 9, Riverfront Subdivision #3 in the City of Dubuque, Iowa to THERMOL YNE CORPORA TION be and the same is hereby approved for the sum of $14,272.00 plus costs of publication and filing fees; that the conveyance shall be by Quit Claim Deed, and that the conveyance shall be subject to, and the City reserves unto itself, a perpetual easement in and over and across said real estate for public utilities, together with and including, the right of ingress and egress for the purposes of repairing and maintaining existing sewer and public utilities. Section 2. That the City Clerk be and she is hereby directed and authorized to deliver deed of conveyance convey- ing the above described real estate to the above-named Grantee upon receipt of the purchase price in full Section 3. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Treasurer. Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting resolutions authorizing the publication of official notices of public hearing required in connection with the adoption of the FY 1983 City Budget, presented and read. Council Member Klauer moved that the communication be received and fried. Seconded by Council Member Beurskens. Carried by the following vote; Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Klaesner, Kronfeldt. Nays--None. RESOLUTION NO. 36-82 Setting the Date of Public Hearing on the Fiscal Year 1983 Budget for the Ci- ty of Dubuque, Iowa. WHEREAS, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for public hearing or/ the budget before the final certification date and shah publish notice of hearing as provided Special Session, February 22, 1982 in Section 362.3 of the Code of Iowa. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council shall conduct a public hearing on the proposed 1982-1983 Budget of the City of Dubuque at the Five Flags Center, 4th and Main Streets, Dubuque, lows on Wednesday, March 10, 1982, begin- ning at Z'~0 p.m. Section 2: That the City Clerk be and is hereby authorized and directed to publish according to law Notice of Public Hearing together with the re- quired budget information. Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauar moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. RESOLUTION NO. 40-82 Setting the Date of Public Hearing on the Five Year Capital Improvement Program. WHEREAS, a proposed Five Year Capital Improvement Program for the City of Dubuque has been prepared and submitted to tho City Council; and WHEREAS, the capital projects for the first year are included in the Fiscal Year 1983 Budget for the City of Dubuque; and WHEREAS, it is deemed to be in the best interest of the City of Dubu- que to adopt the Five Year Capital Ira- provement Program simultaneously with the adoption of the Fiscal Year 1983 Budget for the City of Dubuque; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council shall conduct a public hearing on the Five Year Capital ~rmprovement Pro- gram at the Five Flags Center, 4th and Main Stree~ Dubuque, Iowa on Wednesday, March 10, 1982, beginning at Z'~0 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to ~ublish Notice of Public Hearing of the meeting. Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 41-82 Authorizing Publication of Notice of Public Hearing for the Use of Com- munlty Development Block Grant Funds. WHEREAS, the City of Dubuque is entitled under Title I of the Hous'mg and Community Development Act of 1974 to certain Community Develop- ment Blcck Grant Funds; and WHEREAS, the regulations govern- ing the submission of an application for such funde require that citizens be provided with adequate information concerning the Community Develop- ment Block Grant Program and an adequate opportunity to participate in the development of the application and in the development of any revisions, changes or amendments; and WHEREAS, it has been deemed to be in the best interests of the Com- munity Development Block Grant Program to hold a hearing to supple~ ment previously held neighborhood meetings, meetings with private and ~ubllc agencies, City Manger's budget meetings, and the various public meetings conducted by the Communi- ty Development Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form of Exhibit "A" attached hereto and made a part hareef Special Session, February 22, 1982 57 Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution authorizing publication of the Environmental Assessment Review Findings, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 42-82 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Development Block Grant Project. WHEREAS, the City of Dubuque is proposing to enter into a Grant Agree- ment for Fiscal Year 1983 with the U.S. Department of Housing and Ur- ban Development, providing for linen- cial assistance to the City under Title I of the Housing and Community Development 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, an environmental review has been processed for the pro- jeets hereinafter to be described to be financed with Community Develop- ment Block Grant funds; and WHEREAS, an ad hoc Environmen- tni 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 RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for said projects available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof Housing Rehabilitation Loans and Grant Program Emergency Home Repair Tool Lending Library sponsored by Washington Tool Library Relocation/Demolition projects Code Enforcement Miscellaneous Public Improvements (Stree~ Alley, Curb, Lighting, Signage, eta.) Operation Paint Brush Section 2, That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of March 15, 1982, authorizing the submission of a request to the U.S. Department of Housing and Community Develop- ment to undertake the projects. Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop. tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammal, Klauer, Kineener, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution approving Tax Exemption Application submitted from various owners within the Urban Revitalization Area, presented and read. Council Member Deich moved that the Resolution be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammol, Klauar, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 43-82 A Resolution Approving Tax Exemp- tion Applications Submitted by Pro- petty Owners in the Jackson Park, West Eleventh Street, and Special Session, February 22,1982 Washington Street Urban Revltaliza- tion Areas, and Authorizing the Transmittal of the Approved Applica- tions to the City Tax Assessor. WHEREAS, the Urban Revitaliza- tion Act, as enacted by the 68th General Assembly of the State of Iowa, allows cities to give property tax exemptions for improvements made to properties in a designated revitaliza- tion area; and WHEREAS, the Urban Revitaliza- tion Act requires each property owner to submit a written exemption app]ica- tion by February i of the assessment year for which the exemption is first claimed, and further requires the governing body of the city to approve all applications that meet the re- quirements of the adopted urban revitalization plan and forward the ap- proved applications to the local assessor for review by March 1 of each year; and WIIEREAS, pursuant to the re- quirements of said Urban Revitaliza- tion Act, City Ordinances 74-80, 15-81, and 40-81 established the Jackson Park, West Eleventh Street, and Washington Street urban revitaliza- tion areas, respectively; and WHEREAS, the City Clerk of the City of Dubuque, as of February 1, 1982, received tax exemption applica- tions from owners of property as renews: Norma M. Denlinger for in, prove. ments to property at 1535-1537 Bluff Streets, Francis Henkels for improvements to property at 326 W. Locust St. Wayne Gruben for improvements to property at 378-380 W. Locust St. John & Doris Kivlahan for improve- ments to property at 260-280 W. 17th Street Aquarius Investments (by David Bisenius, General Partner) for improvements to property at 1669-1671 Main Street, Lee & Karen Potter for improve- ments to property at 635-637-639 Jefferson Street, Daniel Beck for improvements to property at 1156 Center Place, Kevin Love for improvements to property at 1050 Center Place, Lawrence Steffen for improvements to property at 1609-1613 Washing- ton Street, Ben Miehe for improvements to property at 1833 North Main, Mary Jill Faber for improvements to property at 540 Wilbur Lane, J. Wm. Hagerty for improvements to property at 395 W. 17th Street, John T. Hagerty for improvements to property at 1349 Prairie Street, James Fudge for improvements to property at 1709-1711 White St., and Dennis Naughton for improvements to property at 1631-1633 Main St.; and WHEREAS, staff of the City's Com- munity Development Department have reviewed the above described ap- plications and inspected the proper- ties, and have determined that the ap- plications and the improvements con- form to all requirements of the City of Dubuque's Urban Revitalization Plan; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described tax exemption applications meet all re- quirements of the City of Dubuque's Urban Revitalization Plan. Section 2. That the above described tax exemption applications are hereby approved by the City Counci~ subject to the review and the approval of the City Assessor. Section 3. That the City Clerk of the City of Dubuque is hereby authorized to forward the above described tax ex- ernption applications to the City Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deick, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Edward II. Sheppley Ill President of Sheppley & Co. re- questing refund of $3500 which represents deposit required for tran- sactions of issuance of Industrial Development Bonds (bonds were not Special Session, February 22, 1982 59 sold), presented and read. Council Member Hammel moved that the petition be received and filed and approved the refund less $100 for expenses incurred. Seconded by Coun- cll Me~nber Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. An ORDINANCE Amending the Code of Ordinances by enacting cer- tain subsections to Section 9V2-32 in lieu thereof providing for a Five Member Board of Dock Commis- sioners and prescribing their terms of office, presented and read. John J. (Hank) Waltz, Dock Com- missioner, questioned the authority of the Council in changing the member- ship as proposed. Council Member Hammel moved that the reading of the Ordinance be considered the first reading of the Or- dinance, that the rule requiring an Or- dinance to be presented and read at two meetings before final action is taken be dispensed with, and moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. Nays--Council Member Deich, Klauer. MOTION FAILED DUE TO FAILURE TO RECEIVE THREE- QUARTER VOTE. Council Member Deich moved final action on the Ordinance be postponed until the Legal Dept. comes back with opinion on the legality of Council's authority in this matter. Seconded by Council Member Klauer. Vote on the motion was as follows: Yeas--Council Members Deich, Klauer. Nays--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kluesner, Kronfeldt. MOTION FAILED. Council Member Kluesner moved that the reading just had be con- sidered the first reading of the Or- dinanco. Seconded by Council Member Hammel. Carried by the following veto: Yeas--Mayor Brady, Council Mem- bers Beurskens, IIammel, Kluesner, Kronfeldt. Nays--Council Members Deich, Klauer. ORDINANCE NO. 7-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING NEW SECTIONS 38-63 AND 38-70 IN LIEU THEREOF, PRO- VIDING FOR A FIVE MEMBER TRANSIT BOARD OF TRUSTEES AND A QUORUM FOR THE PUR- POSE OF CONDUCTING BUSI- NESS, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, IIammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Hammel 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, Deich. Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 7-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING PART OF SEC- TION 38-68 RELATING TO THE TERMS OF THE TRUSTEES OF THE BOARD OF TRUSTEES OF THE TRANSIT AUTHORITY AND ENACTING A NEW SEC- TION 38-68(b) PROVIDING FOR A FIVE-MEMBER BOARD OF TRUSTEES AND THE TERMS OF OFFICE OF SUCH TRUST- EES; BY DELETING SECTION 38-69 RELATING TO THE SAL- ARY OF TRUSTEES; BY DELET- ING SECTION 38-70 RELATING TO THE QUORUM OF THE BOARD OF TRUSTEES AND DELETING SECTION 38-71 RELATING TO THE RECORDS OF THE BOARD OF TRUSTEES, AND ENACTING A NEW SEC- TION 38-69 PROVIDING FOR A QUORUM FOR THE TRANSAC- TION OF BUSINESS AND A NEW SECTION 38-70 PROVIDING FOR THE RECORDS OF THE BOARD OF TRUSTEES; AND BY Special Session, February 22, 1982 RENUMBER1NG SECTIONS 38-72 THROUGH 38-80 AS SECTIONS 38-71 THROUGH 38-79 RESPEC- TIVELY 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 deleting from Section 38-68(a) the last sentence in the first paragraph. Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by deleting the second paragraph of Section 38-68(a) and enacting in lieu thereof the following: "Sec. 38-68(b). The Board of Trustees of the Transit Authority shall com- prise five (5) trustees appointed by the City Council. Three of the initial appointments shall be for terms expiring July 30, 1984; one of the ini- tial appointments shall be for a term expiring July 30, 1983; and one of the initial appointments shall be for a term expiring July 30, 1982. Thereaf- ter, all appointments shall be for a term of three (3) years or until a suc- cessor has been appointed and quali- fied.'' Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by deleting Section 38-69, Section 38-70 and Section 38-71 and enacting a new Section ~8-69 and Sec- tion 38-70 as follows: "Sec. 38-69. QUORUM. MAJORITY VOTE REQUIRED FOR ACTION BY BOARD. Three (3) Members of the Board of Trustees of the Transit Authority shall constitute a quorum for the transaction of business. All action of the Board shall be by resolution and the aff~rmative vote of at least three (3) membera shall be necessary for the adoption c'f any resolution. Sec. 38-70, RECORDS OF THE BOARD OF TRUSTEES. All resolutions, documents and rec- ords of the Board of Trustees shall be governed by the Iowa Examination of Public Records Act." Section 5. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by renumbering Sections 38-72 through 38-80 as Sections 38-71 through 38-79, respectively. Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of February 1982. Mary A. Davis it 2/26 City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting an Ordinance providing for the increase in stall fees in the Central Market, presented and read. Council Member Klauer moved that the communications be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 8-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 24-27 IN LIEU THEREOF PROVIDING FOR THE ISSUANCE OF PERMITS FOR STALLS IN THE CENTRAL MARKET, presented and read. Council Member Hammel moved that the reading just had been con- sidered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Hammel 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 Kluesnor. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 8-82 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 IN LIEU Special Session, February 22, 1982 THEREOF PROVIDING FOR THE ISSUANCE OF PERMITS FOR STALLS IN THE CENTRAL MARKET. 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 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. The City Manager is authorized to establish spaces for stalls in the Cen- tral Market as may be necessary and to issue permits for the use of such stalls. The annual fee for such per- mits shall be twenty dollars ($20.00) per stall, of which five dollars ($5.00) shall be disbursed by the Finance Director to an authorized representa- tive of the Farmers' Moxket Advertis- ing Committee to be used for pronmtion of the Central Market. The fee shall be charged and col- lected at the time of the issuance of the permit and paid to the City Treasurer." Passed, approved and adopted this 22nd day of February, 1982. ATTEST: Jan~es E. Brady Mary A. Davis Mayor City Clerk Published officially in the Telegraph Herald newspaper this 26th day of February 1982. Mary A. Davis It 2/26 City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communications of James E. Ostert wishing to discuss the sale of 28 acres of land (Walnut Acres) located south of the City limits, to the City, for use of ball fields, presented and read. Council Member Hammel moved to receive and file the communication and mbve this matter to the end of the Agenda. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. 61 Petition of City Clerk requesting process procedures to be used for the appointment of Corporation Counsel, presented and read. Council Member Beurskens moved that this matter be further discussed at a Council Meeting on Feb. 25, 1982, 8:00 p.m., in the Council Chambers. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamrael, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 45-82 BE IT RESOLVED. By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the Cit~ of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Windsor Tap, Inc. 2401 Windsor Dennis J. and Sandra J. Zirkelbach 1046 Central Ave. Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 46-82 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of the City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- pllcants a Beer Permit. CLASS "C" BEER PERMIT Brian s, Inc. 3305 Asbury Rd. (Also Sunday Sales) Special Session, February 22, 1982 Beverly R. Miller 260 Southern Ave. (Also Sunday Sales) Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 47-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and ali City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE The Apartments, Ltd. Kennedy Mall (Also Sunday Sales) Fraternal Order of Eagles 1175 Century Circle (Also Sunday Sales) Mary Poire Hwy. 20 West Dennis J. and Sandy J. Zirkelbach 1046 Central Ave. (Also Sunday Sales) Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Ddich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Civil Set- vice comm. of 1-26; Comm. Develop- ment Comm. of 2-9; Historic Pres. Comm. of 2-9; Human Rights Comp. Accountability Record for month of Jan.; Information and Referral mon- thly report for Jan.; Park Board of 1-8 & 1-21; Playground & Rec. Corem. of 2-8; Transit Board of 12-10 & 12-19; Transit Earnings Statement for Jan.; Zoning Board of Adjustment for 2-4; presented and read. Council Member Beurskens moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the foliowlng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Attorney Joseph J. Bitter on behalf of Arthur O. Fischer, in amount of $10,000 actual damages and $5,00 punitive damages for removing his vehicle in front of his residence; George W. Kress in est. amount of $1,579.14 for car damages; Dennis Noel in est. amount of $30,000 to $40,000 for breach of contract; M.P. Schonhoff in est. amount of $62.68 for car damages; Wayne Sherman in est. amount of $49.45 for tire damages; Ed Murphy in amount of $60 for car damages; Charles A. Block Sr., in est. amount of $146,29 for car damages; presented and read. Council Member Beurskens moved that claims be referred to the Corpora- tion Counsel for investigation and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of Wm. G. Most ex- pressing concerns regarding the scheduling of Keyline, presented and read, Council Member Beurskens moved that the communication be referred to the City Manager and Transit Mgr. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. l~Communlcation of Mary Dolen, es. of Dubuque Tennis Assn., roger- ding the possibility of charging fees for use of the City's tennis courts and requesting to be involved in any deei- Special Session, February 22, 1982 63 sion made; Petition of Bertha Vesper- man objecting to fees being charged at library and parks, presented and read. Council Member Beurskens moved that these matters be referred to the Budget. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Communication of Justin Rojemann advising of need for bus service and objecting to raising rates, presented and read. Council Member Klauer moved that the communication be referred to the Budget. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petitions of Mary E. Richards, Maurice D. Lantz et al (21 signers), Marvin Fagerline, Dubuque Fedora- tion of Labor, Director Social Work Program for Clarke College, Barbara Zoeller, Ralph and Ruth Scharnau re. questing funding to be granted to In- formation and Referral Service, presented and read. Council Member Beurskens moved that the petition be referred to the Budget. 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 HUD advising Dubuque's allocation of Community Development Block Grant Funds for FY 1982 is $979,000, presented and Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. ~Refunds Requested: Thomas E. Kessler, $50 on unexpired Cigarette License, presented and read. Council Member Beurskens moved that the refund be approved and Finance Director directed to issue pro- per check. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Rick J. Schmitz of Warehouse Market requesting changes in the Ordinance regarding item pricing law with a computerized scanning cheek-out, presented and read. Council Member Deich moved that the petition be received and filed and referred to the meeting of March 8, 1982. Seconded by Council Member Hammel. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt~ Nays--None. Communication of City Manager submitting monthly reports for month of January, 1982, presented and read. Council Member Beurskens 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, Klueener, Kronfeldt. Nays--None. Council recessed at 8:52 p.m. Mayor Brady advised that Council Member Hammel would now conduct a Work Session and seek public input from anyone wishing to speak to the subject of a softball/baseball complex. Mr. Jim Ostert, owner of Walnut Acres, set out his proposal to sell same to the City for a ballpark complex. Mr. Francis Murray, Jr. made a presentation as to the proposed ballpark complex on City Island and requested Council concurrenco in set- ting the matter for a referendum. Richard Krateska of Shive-Hattery, set out specifics and answered ques- tions relative to the proposed land use, etc. Chuck Spielman, Marc Karrmann, Jim Teirney, Gene Potts, Jim Roth, Mrs. John Miller, Doug Smith, Ron Palm, and Bob Hoerner, ail requested that the Council back this project because it will be for the overall good of the City. Council reconvened in regular see- sion at 10:15 p.m. RESOLUTION NO. 44-82 WHEREAS, the City of Dubuque 64 Special Session, February 22, 1982 has lost one lighted baseball facility and will lose two lighted softball facilities to accomodate industrial ex- pansion within the city, and WHEREAS, the proposed City Island outdoor park and recreation complex has reached a point of development whereby it is indicated that the approval of the electorate is now necessary, and WHEREAS, the City Council of the City of Dubuque, Iowa, declares its in- tent to hold a special election in con- junction with the primary election on June 8, 1982, for the purpose of per- mitting the electorate to pass upon the proposition of establishing a capital improvement reserve fund for the pur- pose of accumulating monies for the financing of the City Island outdoor park and recreation complex. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That June 8, 1982, be and the same is hereby fixed as the date for a special electio~ in conjunction with the primary election, to be held upon the proposal to establish a capital im- provement reserve fund for the pup pose of accumulating monies for the financing of the City Island outdoor park and recreation complex on Cit~ Island, City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby directed to file a certified copy of this resolution forthwith with the Commissioner of Elections of Dubuque County, Iowa. Passed, adopted and approved this 22nd day of February, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None~ Council Member Klauer moved that the matter of James Ostert's sale of Walnut Acres to the City be possibly brought back to the Council after the referendum on the ballpark complex at City Island has been held. Seconded by Council Member Beurskens. CarT tied by the following vote: Yeas Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business, Council Member Beurskens moved to adjourn. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved 1982 Adopted 1982 Mayor Council Members ATTEST: City Clerk Special Session, February 25, 1982 65 CITY COUNCIL OFFICIAL Special Session, February 25, 1982. Council Member at 8:45 p.m., Coun- cil Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart. Absent--Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to review resumes received for the position of Corpora- tion Counsel and to give further direc- tion and acting upon such other business which may properly come before the Council. Resumes for the position of Corpora- tion Counsel for the City of Dubuque, Iowa, were submitted by the follow- ing: Barry A. Lindahl, Dennis J. Naughton, John Joseph Scieszinski, Harley F. Stark, Jr., Mike Heller, John A. Rissman, Karl H. Seeser, Robert C. Hart, Patrick H. Payton, Robert L. Rehberger, James H. Reynolds, Michael B. Devine, Paul J. Kaufman, Steven J. Hedge & M.L. Neuhaus. Council Member Kronfeldt moved that this list of individuals be narrow- ed to four and then conduct interview with those four. 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. Council Member Hammel moved that each Council Member name three individuals and the four top vote- getters will be called in for interviews. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Vote on the applicants was as follows: Council Member Beurskens voted foF Lindahl, Naughton, Reynolds; Mayor Brady voted for Lindahl, Naughton, Reynolds; Council Member Deich voted for Reynolds, Stark, Naughton; Council Member Hanunel voted for Lindahl, Naughton, Stm'k; Council Member Klauer voted for Naughton, Stark, Reynolds; Council Member Kluesner voted for Lindahl, Naughton, Scieszinski; Council Member Kronfeldt voted for Lindahl, Naughton, Stark. Therefore, the top four vote-getters were Dennis J. Naughton, Barry A. Lindahl, Harley F. Stark, Jr., and James H. Reynolds. Council Member Hammel recom- mended that the City must retain Mr. Lindahl to try the Nemmers' suit which is presently pending. Council Member Hammel moved that the City Council be on record stating that the Corporation Counsel assume leadership of Legal Staff without changes for the next two years (Lindahl, Blum and Stenographer). Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Hammel moved that interviews on the four candidates be conducted on March 29th and March 30th from 6:30 p.m. to 8:00 p.m. for the first candidate and 8:15 p.m. to 9:45 p.m. for the second candidate. Upon drawing, the following times were set for interviews: March 29th: 6:30 p.m. Barry A. Lindahl; 8:15 p.m. Dennis J. Naughton; March 30th: 6:30 p.m. James H. Reynolds and 8:15 p.m. Harley F. Stark, Jr. There being no further business, Council Member Hammel moved to ad- ourn. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None, Mary A. Davis City Clerk Approved 1982 Adopted 3982 Mayor 66 Special Session, February 25, 1982 Regular Session, March 1, 1982 67 Council Members ATTEST: City Clerk CITY COUNCIL OFFICIAL Regular Session, March 1, 1982. Council Met at 7:30 p.m., Council Chambers, City Hall. No members of the Council'being present, Meeting was adjourned sub- ject to Call. Mary A. Davis City Clerk Approved 1982 Adopted __1982 Mayor Council Members ATTEST: City Clerk