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1982 April Council Proceedings112 Special Session, April 3, 1982 CITY COUNCIL OFFICIAL Special Session, April 3, 1982. Council Met at 9:00 A.M., Council Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich. Hammel. Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to name a Corporation Counsel for the City of Dubuque. Communication of Attorney Dennis Naughton submitting withdrawal of application from list of applicants for position of Corporation Counsel, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the followlng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, HammeI, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Klauer moved that Harley F. Stark, Jr. be nominated for position of Corporation Counsel for the City of Dubuque. Seconded by Council Member Deich. Council Member Kronfeldt moved that Barry A. Lindahl be nominated for position of Corporation Counsel for the City of Dubuque. Seconded by Council Member Kluesner. Vote on the nominees was as follows: Council Member Beurskens voted for Stark, Mayor Brady voted for Stark. Council Member Deich voted for Stark. Council Member Hanunel voted for Lindahl, Council Member Klauer voted for Stark, Council Member Kluesner voted for Lindahl, Council Member Kronfeldt voted for Lindahl. Therefore, Harley J. Stark. Jr. ap- pointed as Corporation Counsel for the City of Dubuque. There being no further business, Council Member Klauer moved ad- journment. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approve~ Adopted Mayor CouncilMembers ATTEST: City Clerk 1982 1982 Regular Session, April 5, 1982 CITY COUNCIL OFFICIAL Regular Session, April 5, 1982. Council Met at 7:30 p.m.. Council Chambers City Hall. Due to inclement Weather, no members of Council being present, the meeting was adjourned subject to call. Mary A. Davis City Clerk Approved__ __1982 Adopted __1982 Mayor Council Members ATTEST: City Clerk 113 114 Regular Adjourned Session, April 7, 1982 CITY COUNCIL OFFICIAL Regular Adjourned Session, April 7, 1982. Council Met at 7:30 p.m. Council Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer. Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the AD- JOURNED SESSION OF THE REGULAR MONTHLY MEETING of the City Council called for the pur- pose to act upon such business which may properly come before the Council. Invocation was given by Rev. David Butler of Westminster Presbyterian Church. PROCLAMATIONS: Month of April as "Cancer Control Month" received by Jack Lippke, Month of April as "Fair Housing Month". RESOLUTION NO. 73-82 Resolution Providing for the Appoint- ment of a Corporation Counsel. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the following official be ap- pointed as Corporation Counsel for the purpose to perform the duties of said position as required by State Law, subject, however, to the right of the Council to declare such office vacant or remove the official therefrom at the pleasure of the Council with or without cause, and said official to be paid the compensation as provided in the cur- rent budget. That the following individual be ap- pointed as Corporation Counsel for a probationary period not to exceed 3 months and at such time an evaluation performance of duties shall take place and further employment with the City to be decided upon at that time. CorporaUlon Counsel: Harley F. Stark, Jr. Passed, adopted and approved this 7th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved an amendment to the Resolution. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Council Members Hammel, Kluesner, Kronfeldt, Beurskens. Nays--Mayor Brady, Council Mem- bers Deich, Klauer. Council Member Klauer moved adoption of the Resolution as amend- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mayor Brady proceeded to swear in Harley F. Stark as Corporation Counsel for the City of Dubuque. Council Member Kluesner 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 Pendency of Resolution of Necessity for the In- terim Street Improvements related to the Dubuque to Wisconsin Bridge, presented and read. There were no written objections received and to oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. INecessity for Improvement) RESOLUTION NO. 57-82 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 Interim Street Improvements related to the Dubuque to Wisconsin Bridge. BE IT THEREFORE RESOLVED that the City Council deems it ad- Regular Adjourned Session, April 7, 1982 115 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 resohition 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 ali objections thereto. Said improvement shall be con- structed and done on 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 fi'om the Road Use Tax Fund and the State of Iowa. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 15th day of March, 1982. Record of Final Adoption The foregoing Resohition was finally passed and adopted, as proposed by the City Council this 7th day of April. 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner. Kronfeldt. Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 74-82 WHEREAS, proposed plans and specifications and form of contract for the Interim Street Improvements related to the Dubuque to Wisconsin Bridge 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 tlie hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 7th day of April, 1982; and WHEREAS, the City Council met in regular adjourned session this 7th day of April, 1982, at 7:30 p.m. at the City Council Chambers for the purpose of hearing all interested parties and con- sidering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of tim improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; 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 ilans, 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 ail 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 7th day of April. 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel~ Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication certified to by the Publisher of Notice of Public Hear- ing to amend portions of Section 25-209 providing for designation of "Through Streets", presented and read. There were no written objections received. Mr. Cletus Gartner of 1198V2 White Street questioned specifics of the in- tersection of 12th and Kerper. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Klauer. Carried by the follow- 116 Regular Adjourned Session, April 7, 1982 lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. ORDINANCE NO. 15-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 25-209 SUB- SECTION (b) OF SAID CODE PRO- VIDING FOR DESIGNATION OF CERTAIN STREETS AS "THROUGH STREETS", said Or- dinance having been presented and read at the Council Meeting of March 15, 1982, presented for final adoption. Council Member Klauer moved to amend the Ordinance, deleting "Twelfth Street". Seconded by Coun- cil Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kronfeldt. Nays--Council Members Hammel, Kluesner. ORDINANCE NO. 15-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25-209, SUBSEC- TION (b) OF SAID CODE: PROVIDING THAT WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF, DRIVERS OF VEHI- CLES SHALL STOP AT EVERY INTERSECTION BEFORE ENTER- ING ANY OF THE FOLLOWING STREETS WHICH ARE DESIG- NATED AS THROUGH STREETS. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Subsection (b) of Section 25-209 of the Code of Ordi- nances of the City of Dubuque, Iowa, be amended so that such subsections shall read as follows: Section 25-209 (b) When signs are erected giving notice thereof, drivers of vehicles shall stop at every intersection before entering any of the following streets which are designated as through streets. Garfield Avenue, from the east prop- erty line of Ehn Street to the south property line of Fengler Street, and from the north property line of Fengler Street to Shiras Avenue. Section:2. That all ordinances or parts of ordinances in conflict with this Ordinance be and are hereby repealed PASSED, APPROVED AND ADOPTED this 7th day of April, 1982. James E. Brady MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald this 15th day of April, 1982. Mary A. Davis it 4/15 City Clerk Council Member Deich moved final adoption of the Ordinance as amended. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--Council Member Hanunel. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to amend portion of Section 25-2~0 providing for "Stop Intersec- tions'', presented and read. There were no objections received and no oral objectors present at the time set for the Hearing. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--Council Member Hammel. ORDINANCE NO. 16-82 AN ORDINANCE AMENDING CODE OF ORDINANCES BY REVISING SECTION 25-210 DESIGNATING CERTAIN "STOP INTERSECTIONS", said Ordinance having been presented and read at the Council Meeting of March 15, presented for final adoption. Council Member Beurskens moved to amend the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--Council Member Hammel. ORDINANCE NO. 16-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25-210 SUBSECTION (b) OF SAID CODE: PROVIDING THAT THOSE INTERSECTIONS Regular Adjourned Session, April 7, 1982 117 DESIGNATED ARE HEREBY DECLARED TO BE "STOP INTER- SECTIONS" FOR ALL PURPOSES OF THIS SECTION. VEHICLES BOUND IN THE DIRECTION INDICATED MUST STOP BEFORE ENTERING THE DESIGNATED INTERSECTION. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by adding a new subsec- tion to Section (b) of Section 25-210 to read as follows: Sec. 25-210. (b) Those intersections designated are hereby declared to be "Stop Inter- sections" for all purposes of this Sec- tion. Vehicles bound in the direction indicated must stop before entering the designated intersection. NORTHBOUND AND SOUTH- BOUND Garfield Avenue and Fengler Section 2. That the Code of Ordi- nances of the City of Dubuque; Iowa, be amended by adding a new subsec- tion to Section (b) of Section 25-210 to read as follows: Sec. 25-210 EASTBOUND AND WEST- BOUND East Twelfth Street at Elm Street Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by deleting the following subsection to Section (b) of Section 25- 210: Sec. 25-210 NORTHBOUND AND SOUTH- BOUND Ehn Street at East Tweffth Street Section 4. That all Ordinances or parts of Ordinances in conflict with this Ordinance be and they are hereby repealed. PASSED, APPROVED AND ADOPTED this 7th day of April, 1982. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of April, 1982. Mary A. Davis It 4/15 City Clerk Council Member Klauer moved final adoption of the Ordinance as amended. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskeffs, Deich, Klauer, Kluesner, Kronfeldt. Nays--Councli Member Hammel. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to amend porUlon of Section 25-212 providing for "Yield Intersec- tions'' presented and read. There were no written objections received and to oral objectors present at tile time set for the Hearing. Council Member Hammel moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 17-82 AN ORDINANCE AMENDING CODE OF ORDINANCES BY AD- DING A NEW SUBSECTION TO SECTION 25-212 PROVIDING FOR CERTAIN "YIELD INTERSEC- TIONS", said Ordinance having been presented and read at the Council Meeting of March 15, 1982, presented for final adoption. ORDINANCE NO. 17-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING A NEW SUBSECTION TO SEC- TION 25-212 PROVIDING THAT THOSE INTERSECTIONS DESIG- NATED ARE HEREBY DECLARED TO BE "YIELD INTERSECTIONS" FOR ALL PUR- POSES OFTHIS SECTION. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by adding a new subsec- tion to Section (b) of Section 25-212 to read as follows: Section 25-212 (b) Those intersections designated are hereby declared to be "Yield Inter- sections" for all purposes of this sec- (4) Westbound Vehicles. Westbound vebicles must yield before entering the intersection of: East Third Street and Central Ave- East Fourth Street and White Street Section 2. That all ordinances or parts of ordinances in conflict with 118 Regular Adjourned Session, April 7, 1982 this Ordinance be and they are hereby repealed. PASSED, APPROVED AND ADOPTED THIS 7th day of April, 1982. James E. Brady MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 15th day of April, 1982. Mary A. Davis It 4/15 City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to amend portion of Section 25-257 designating "No Parking" Areas, presented and read. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Louis P. Pfeiler on behalf of Milton Schwartz requesting Council not eliminate parking on both sides of 16th Street between Maple Street and the railroad tracks, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Mrs. Susan Metz submit- ting petition containing 367 signatures objecting to parking and traffic changes as proposed, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, KronfeIdt. Nays--None. Petition of Hobbies Unlimited objec- ting to proposed removal of parking on 12th Street, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 18-82 AN ORDINANCE AMENDING CODE OF ORDINANCES BY REVISING SUBSECTION A OF SUBSECTION (d) OF SECTION 25-257 PROVIDING FOR "NO PARKING ZONES" ON CERTAIN STREETS AND AREAS, presented and read, said Ordinance having been presented at the Council Meeting of March 15, 1982, presented for final adoption. ORDINANCE NO. 18-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SUBSECTION A. OF SUBSEC- TION (d), OF SECTION 25-257 OF SAID CODE: PROVIDING THAT WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF, NO PERSON SHALL, AT ANY TIME, PARK A VEHICLE UPON ANY OF THE FOLLOWING DESCRIBED STREETS OR PARTS OF STREETS. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Subsection A of Sub- section (d) of Section 25-257 of the Code of Ordinances of the City of Dubuque, Iowa, be amended so that such subsections shall read as follows: Section 25-257 (d) When signs are erected giving notice thereof, no person shall at any time, park a vehicle upon any of the following described streets or parts of streets: A. The following streets or portions are designated as no parking zones: Central Avenue on the west side from Eleventh Street to Tenth Street. East Fourth Street on north side from Whi~e Street to Central Ave- hue. East Eleventh Street on the south side from Ebn Street to Kerper Bou- levard. Regular Adjourned Session, April 7, 1982 119 PASSED, APPROVED AND ADOPTED this 7th day of April, 1982. James E. Brady MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 15tb day of April, 1982. Mary A. Davis It 4/15 City Clerk Council Member Beurskens moved final adoption of the Ordinance as amended. Seconded by Council Member DClch. Carried by the follow- Lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Cletus Gartner, 1198V~ White stated he favored the amendment. John "Hank" Waltz, 1552 Maple, also concurred with the motion. He thought it best that parking be left as it is until the opening of the new bridge. Council Recessed at 9:54 P.M. Reconvened in Regular Session at 10:05 P.M. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to consider an Amendment to the Option Agreement between the City and Thermolyne Corp., 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 Deich. Carried by the follow- Lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Attorney Robert Bertsch, represen- ting Thermolyne, appreciated the con- cern of the Council and requested ap- proval in this matter. RESOLUTION NO, 75-82 A Resolution Amending an Option Agreement with Thermolyne Corpora- tion WHEREAS, Resolution No. 121-78 provided for adoption of an Option Agreement as Exhibit "A", thereto, by and between the City of Dubuque, Iowa and Thermolyne Corporation of Dubuque, Iowa pertaining to property described as Lot I of Block 2 in "River Front Subdivision No. 3" in the City of Dubuque, Iowa and WHEREAS, the parties to said Op- tion Agreement now desire to amend such Option Agreement. specifically Section 4 thereof; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Option Agree- ment known and referred to as Exhibit "A" to Resolution No. 121-78 be and the same is hereby amended by repeal- ing Section 4, thereof, and by adopting a new Section 4, in lieu thereof, as follows: "Section 4. That in the event the op- tion purchase provided for in this Agreement is exercised by the Op- tionee, the Optionee agrees to com- mence improvement of the property within one (1) year from the date of delivery of deed, it being understood that such improvement may consist of construction of industrial facilities, or of other facilities, including parking areas, necessary to support expansion of Optionee's manufacturing plant on adjacent property." Section 2. That the foregoing Amendment to the Option Agreement shall be incorporated into the Option Agreement known and referred to as Exhibit "A" to Resolution No. 121-78 and the Mayor and City Clerk be and they are hereby authorized to execute said Amendment to said Option Agreement for and on behalf of the City of Dubuque, Iowa. Passed, adopted and approved this 7th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the fo[lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to approve tax exemption as requested by Thermolyne Corpora- tion, presented and read. 120 Regular Adjourned Session, April 7, 1982 There were no 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 Khiesner. Carried by the fo[lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 19-82 AN ORDINANCE PROVIDING FOR PRIOR APPROVAL OF TAX EX- EMPTION FOR NEW CONSTRUC- TION FOR APPLICANT, THERMO- LYNE CORPORATION, A SUB- SIDIARY OF SYBRON CORPORA- TION, 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 Khiesner. Car- ried by the foliowlng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel 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 Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 19-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR PRIOR APPROVAL OF TAX EXEMPTION FOR NEW CON- STRUCTION FOR APPLICANT THERMOLYNE CORPORATION, A SUBSIDIARY OF SYBRON COR- PORATION. WHEREAS, Thermolyne Corpora- tion, (a subsidiary of Sybron Corpora- tion,) an Iowa corporation, with its place of business in the City of Dubuque, Iowa, has heretofore pro- posed to construct new manufacturing facilities, and to furnish and equip the same, on property owned or optioned by it and described as: Lot 1 of Garvey Place; Lot 2 of Gar- vey Place; Block 10 of River Front Subdivision No. 3; Lot 1 of Block 9 in River Front Subdivision No. 3; Lot 2 in Block II in River Front Subdivision No. 3; and Lot 178 in Hamm's Addition; Lot I of Block 2 in River Front Subdivision No. 3; Lot 2 in Block 9 in River Front Sub- division No. 3; Lot 1 in Block 11 of River Front Subdivision No. 3; Lot 2 in Block 12 in River Front Subdivi- sion No. 3; and Lot 2-A, Lot 2-B and Lot 2-C all in Block 9 River Front Subdivision No. 3, all in the City of Dubuque, Iowa. and known as: Thermolyne Corporation property, 2555 Kerper Boulevard, Dubuque, Iowa, an~¢he Northeast Corner of Kerper Boulevard and Shiras Avenue Extension. WHEREAS, Thermolyne Corpora- tion, a subsidiary of Sybron Corpora- tion, proposes to construct, furnish, and equip new manufacturing facilities on said real estate; and WHEREAS, Thermolyne Corpora- tion, a subsidiary of Sybron Corpora- tion, desires to secure prior approval of tax exemption in relation to the said new manufacturing facilities in the City of Dubuque, Iowa; and WHEREAS, the application of Thermolyne Corporation, a subsidiary of Sybron Corporation, is filed pursu- ant to and in accordance with Ordi- nance No. 70-79, also known as Section 35-12, Code of Ordinances, of the City of Dubuque, Iowa. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Thermolyne Corporation, a subsidiary of Sybron Corporation, to secure tax exemption for said industry for the erection and construction of new man- ufacturing facilities in the City of Dubuque, Iowa, and for new machinery and equipment to be situ- ated therein, has been filed with the City Council. Section 2. That the City Council has examined said application, and belng fully advised in the premises, finds that said application should be approved. PASSED, APPROVED AND ADOPTED this 7th day of April, 1982. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 16th day of April, 1982. Mary A. Davis It 4/16 City Clerk Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Khiesner. Carried Regular Adjourned Session, April 7, 1982 121 by the following vote: Yeas--Mayor BradS, 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 discontinue the Park Board and the Playground and Recreation Commission, presented and read. There were no written objections received. Gene Thompson, Park Commis- sioner, stated that the Council should consider a combination superinten- dent's position; possibly both depart- ments might suffer. Council Member Hammel moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Khiesner. Carried 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 reconstruction of East 11st St. from Central Ave. to Kerper Blvd. Project, 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. (Necessity for Improvement) RESOLUTION NO. 76-82 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- lice of the City Clerk showing among other things the plans, specifications andform of contract for the improve- ment, and an estimate of the cost for the East Eleventh Street Reconstruc- ' tlon from Central Avenue to Kerper Bird. 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 fried objections with the City Clerk to the proposed plans, speclflca- tions, contract or estimated cost of the improvement, they shall be deemed to have waived aH 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 Read Use Tax Fund, the Community Development Fund and the State of Iowa. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 7th day of April, 1982~ Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved ap- proval 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. 77-82 (Preliminary Approval of Plans, Etc.) BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs., form of contract etc. for the East Eleventh Street Reconstruction from Central Ave. to Kerper Blvd., with the estimated cost of this improvement to be $431,691.13, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- ~f the Resolution. Seconded by Council Member Klauer. Carried by the following vote: ' Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt, Nays--None. (Fixing Date of Hearing) RESOLUTION NO. 78-82 WHEREAS, the City Council of the 122 Regular Adjourned Session, April 7, 1982 City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion for the East Eleventh Street Reconstruction from Central Avenue to Kerper Blvd., and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RE- SOLVED that on the 19th day of April, 1982, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days prior to the day fixed for its consideration, and unless interested persons at the time and the final consideration of the pro- posed Resolution of Necessity have fil- ed objections with the City Clerk, they shall be deemed to have waived ali ob- jections thereto. Passed, adopted and approved this 7th day of April, 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, Khiesner, Kronfeldt. Nays--None. (Ordering Construction) RESOLUTION NO. 79-82 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 76-82 which was duly passed by this Council for the East Eleventh Street Reconstruction from Central Avenue to Kerper Blvd. 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 Road Use Tax Fund, the Community Development Fund and the State of Iowa. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation hi the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 4th day of May, 1982. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at a meeting to be held at the Public Library Auditorium at 7:30 p.m. on the 10th day of May, 1982. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 7th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Jon Heaps of Northwestern Bell requesting to make a formal presentation regarding the in- stallation of curbside drive-up telephones to the Dubuque downtown area, presented and read. Mr. Heaps spoke to the communica- tion, requesting the City to coordinate the curbside drive-up phones. Council Member Klauer moved that the communication be received and filed and matter referred to the City Regular Adjourned Session, April 7, 1982 123 Manager for a report back. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer. Kluesner, Kronfeldt. Nays--Council Member Hammel. Petition of A1 Polsean requesting to address the Council regarding Parking Meters and Parking Lots, presented and read. Mr. Polsean of 3515 Crescent Ridge, questioned if there was any trade-in on the old parking meters; also of opinion City personnel should pay for their parking. Council Member Deich 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 City Manager submitting Resolution providing for referendum for the purpose of con- structing an outdoor park and recrea- tion complex on City Island, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 80-82 WHEREAS, the City Council of the City of Dubuque, Iowa, has passed, adopted and approved Resolution No. 44-82, being a resolution to declare its intent to hold a special election on June 8, 1982, for the purpose of per- mitring tho electorate to pass upon the proposition of establishing a capital improvement reserve fund for thepur- pose of accumulating monies for the financing of the City Island outdoor park and recreation complex; and WHEREAS, the estimated cost to the taxpayers of constructing and developing said outdoor park and recreation complex is $825,000 and before this project can be carried out, the question must be presented to the voters of the City of Dubuque, Iowa, for their approval as required by Sec- tion 384.7 of the 1982 Code of Iowa. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. The County Commissioner of Elections of Dubuque County is hereby directed to give notice of and conduct a special election to held in conjunction with the primary election on June 8, 1982, for the purpose of sub- mitting to the voters of the city the Following proposition: "Shall the City of Dubuque, Iowa, establish a Capital Improvement Reserve Fund and levy taxes at a rate not to exceed 67~ cents per thousand dollars of taxable value each year (total amount of such taxes not to exceed $165,000 per year) for a period not to exceed five years for the purpose of constructing an outdoor park and recreation complex on City Island?" Section 2./f said proposition is ap- proved by a majority of the electors who voted thereon, the Council shall establish a Capital Improvement Reserve Fund and levy taxes each year, unless such authority is later minored by election, in an amount not to exceed 67~ cents per thousand dollars of taxable value (total amount of such taxes not to exceed $165,000 per year) for a period not to exceed five years. Taxes so levied shall be deposited in the Capital Improvement Reserve Fund and shall be invested in interest bearing securities as may be now or hereafter authorized by law un- til such time as said monies will be needed for such authorized improve- Passed, adopted and approved this 7th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel 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, Kinesner, Kronfeldt. Nays--None. Communication of City Manager submitting agreements providing for Positive Guidance Demonstration Pro- ject (Dodge St. at Bluff and Locust), presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: 124 Regular Adjourned Session, April 7, 1982 Yeas--Council Members Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Member Deich. RESOLUTION NO. 81-82 Resolution Authorizing Execution of an Agreement Between the City of Dubuque, Iowa, and the Iowa Depart- ment of Transportation Relating to Implementation of a Positive Guidance Demonstration Project on the Approaches to, and at the In- tersection of Dodge, Bluff and Locust Streets. That the attached Agreement #82-U-016 of the Iowa Department of Transportation, two copies of whicI are attached, be approved and that the Mayor and City Clerk be and they are hereby authorized and directed to ex- ecute the agreement for and on behalf of the City Council. Passed, adopted and approved this 7th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Member Deich. RESOLUTION NO. 82-82 Resolution Authorizing Execution of an Agreement Between the City of Dubuque, Iowa, and the Iowa Depart- ment of Transportation Relating to Implementation of Positive Guidance Demonstration Project on the Ap- proaches to, and at the Intersection of Dodge, Bluff and Locust Streets. That the attached Agreement #82-16-027 of the Iowa Department of Transportation, two copies of which are attached, be approved and that the Mayor and City Clerk be and they are hereby authorized and directed to ex- ecute the agreement for and on behalf of the City Council. Passed, adopted and approved this 7th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- ber Deich. Communication of City Manager submitting materials on procedural steps for federal release of Community Development Block Grant Funds for certain projects, 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- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 83-82 A Resolution Authorizing Submission of a Request for Release of Funds for Certain Community Development Block Grant Projects WHEREAS, the City of Dubuque, in conformance with the Environmen- tal Review Procedures for the Com- munity Development Program, con- vened an ad hoc committee March 8, 1982 which completed an Environmen- tal Assessment of the following iden- tified project to be funded in the Com- munity Development Block Grant: Eleventh Street Roadway Im- provements; and WHEREAS, pursuant to Resolution No. 64-82, adopted March 15, 1982, Public Notice of a "Finding of No Significant Effect on the Environ- merit" for the project above was )ublished March 17, 1982, in the Dubuque Telegraph Herald, a newspaper of general circulation and provided for a public comment period until 12:00 noon, Friday, April 2, 1982; and WHEREAS, Public Notice of a "Finding of No Significant Effect on the Environment" for the project was sent by regular nmil to various federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a Public Notice; and WHEREAS, any and all objections, if any, to such proposal has been duly considered; and Regular Adjourned Session, April 7, 1982 125 WHEREAS, it is the intent of the City Council to authorize the submis- sion of a request to the U.S. Depart- ment of Housing and Urban Develop- ment for the release of funds to carry out the above-identified project: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said record may be examined and copied by any in- terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment five {5) days after receipt from HUD of approved application for FY 1983 Block Grant Funds, a request for release of funds to undertake the said project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible Federal Official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development's responsibilities for review, decision- making, and action assumed and ca~ tied out by the City of Dubuque as to evnironmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the en- vironmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public no rice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted and approved this 7th day of April, 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. Communication of City Manager re- questing to initiate Eminent Domain Proceedings to acquire properties needed for the reconstruction of 11th Street from Central Ave. to Kerper Blvd. as a one-way street, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 84-82 WHEREAS, the City of Dubuque has been negotiating with the owners of record of City Lots 264 and 269 for the purchase of a portion of said lots for the reconstruction of East Eleventh Street from Central Avenue to Kerper Blvd.; and WHEREAS, the City of Dubuque has not been successful in its attempts to negotiate a sale and purchase price for said portions of (Ylty Lots 264 and 269; and WHEREAS, the City of Dubuque finds and determines that Eminent Domain Proceedings should be in- stituted to acquire said portions of City Lots 264 and 269. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Eminent Domain Proceedings be instituted forthwith by the City of Dubuque, Iowa, for the ac- quisition of a portion of City Lots 264 and 269 for the reconstruction of East Eleventh Street from Central Avenue to Kerper Blvd. and that the Corporate Counsel be directed to institute said Eminent Domain Proceedings fo~ thwith for and on behalf of the City of Dubuque, Ioww Section 2. That the Corporate Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said Emi- nent Domain Proceedings. 126 Regular Adjourned Session, April 7, 1982 Passed, adopted and approved this 7th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution authorizing publication of an Environmental Assessment Review Finding, presented and read. Council Member Kronfeldt 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. RESOLUTION NO. 85-82 A Resolution Authorizing Publication of Notice of Environmental Review Findings for a Certain Community Development Block Grant Project WHEREAS, the City of Dubuque will be entering into a Grant Agree- ment for Fiscal Year 1983 with the U.S. Department of Housing and Ur- ban Development, providing for finan- cial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amend- ed; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Ur- ban Development, an environmental review has been processed for the pro- ject hereinafter to be described to be financed with Community Develop- ment Block Grant funds; and WHEREAS, after due considera- tion, a determination has been made that the project is not a major federal action siguificantly affecting the quali- ty of the human environment; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a "Notice of Finding of No Significant Effect on the Environ- ment'' for the following identified pro- ject, and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Ice Harbor Museum/Riverfront Tourist Access Section 2. That the City of Dubuque hereby declares its intent to adopt a Resolution at its meeting of April 5, 1982, authorizing the submission of a request to the U.S. Department of Housing and Urban Development, to undertake the project, Passed, adopted and approved this 7th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk EXHIBIT "A" PUBLIC NOTICE Pursuant to the environmental pro- cedures for the Community Develop- ment Block Grant Program, the City of Dubuque has prepared Notices of Finding of No Significant Effect on the Environment for the Project iden- tiffed as follows to be undertaken under Title I of the Housing and Com- munity Development Act of 1974, as amended. Ice Harbor Museum/Riverfront Tourist Access The City of Dubuque has found that this Project has no significant effect on the environment based on the following facts and reasons. 1. Assessment of the nature, magnitude, and duration of any adverse and positive aspects. 2. Consideration of alternatives to the Projects, commitment of groups, measures which can be in- stituted to lessen potential adverse im- pacts and to enhance the environment; 3. No loss of unique environmental 4. No irreversible development ~rends; effects that cannot be avoided; and 6. No impacts on properties possess- ing historical, archaeological, archi- Regular Adjourned Session, April 7, 1982 127 tectural or cultural significance. The City of Dubuque has made an Environmental Review Record of the Project, and has placed the record on file in the Office of the City Clerk in City Hail, 13th and Central Ave., Dubuque, Iowa. The environmental record is available for examination and may be copied between 8:00 a.m. and 5:00 p.m. daily except Saturday, Sun- days and holidays. No further environmental review of the Project is proposed to be con- ducted, and the City of Dubuque in- tends to request the U.S. Department of Housing and Urban Development to release funds authorized by the Hous- ing and Community Development Act of 1974, as amended for the Project. Comments may be submitted to the City of Dubuque until 12:00 Noon, Fri- day, April 23, 1982, addressed to James E. Brady, Mayor of the City of Dubuque, City Hall, 13th and Central Ave., Dubuque, Iowa 52001. Dated and published April 7, 1982. Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. An Ordinance Amending the Code of Ordinances by repealing Sections 27-86 through 27-95 providing for the elimination of Petrakis Park as a Municipal Athletic Field, said Or- dinance having been presented and read at the Council Meeting of March 22, 1982, presented and read. Council Member Beurskens moved that this reading be considered the se- cond reading of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt. Nays--Council Members Hammel, Klauer. BOARDS AND COMMISSIONS: Applicants for any Board or Com- mission: Thomas H. Kersch and F.M. Heiler t. CIVIL SERVICE COMMISSION: One Vacancy -- One Six Year Term. Applicants: Ronald T. Koeperich, Gerald J. Koppes, Dolores A. Reihle. Council Member Beurskens voted for Reihle; Mayor Brady voted for Koeperich; Council Member Deich voted for Reihle; Council Member Hammel voted for Reihle; Council Member Klauer voted for Koeperlch; Council Member Kluesner voted for Reihle; Council Member Kronfeldt voted for Reihle. Therefore, Dolores A. Reihle ap- pointed to the Civil Service Commis- sion for a six year term to expire March 31, 1988. MECHANICAL BOARD: Two Vacancies. One must be Hot Water & Steam Fitter Worker and One must be Hot Water & Steam Fitter Contractor-Three Year Term. Ap- plicants (Both Hot Water & Steam Fit- ter Contractor): Charles Berwanger and Gerald P. Swift. Council Member Beurskens voted for Berwanger; Mayor Brady voted for Berwanger; Council Member Deich voted for Berwanger; Council Member Hammel voted for Swift; Council Member Klauer voted for Swift; Coun- cil Member Kluesner voted for Swift; Council. Member Kronfeldt voted for Berwanger. Therefore, Charles Berwanger ap- pointed to the Mechanical Board for a three year term to expire 3-16-85. POLICE & FIRE RETIREMENT SYSTEM BOARD OF TRUSTEES: Two Vacancies (One on Each Board): Four Year Term. Applicant: Daniel E. Welu. Council Member Beurskens voted Welu (2); Mayor Brady voted for Welu and Hellert; Council Member Deich voted for Welu (2); Council Member Hammel voted for Welu (2); Council Member Klauer voted for Hellert (2); Council Member Kluesner voted for Welu (2); Council Member Kronfeldt voted for Welu (2). Therefore, Daniel E. Welu appointed to both the Police & Fire Retirement System Board of Trustees for a four year term to expire 3-31-86. TRANSIT BOARD Two Vacancies. Two Newly Created Terms to Expire 7-30-84. Applicants: Harry J. Bemis, Paul E. Durham, George Enderson, William Hilvers, Ron C. Thiltgen. Council Member Beurskens voted for Bemis and Hflvers; Mayor Brady voted for Hilvers and Thiltgen; Coun- cil Member Deich voted for Thiltgen and Enderson; Council Member Klauer voted for Hilvers and Thiltgen; Court- cil Member Kluesner voted for Ender- son and Hilvers; Council Member 128 Kronfeldt voted for Durham and Regular Adjourned Session, April 7, 1982 Enderson. Therefore, George Enderson, Jr. and William Hilvers appointed to the Tran- sit Board for two unexpired terms which will expire 7-30-84. Communication of Loras College re- questing transfer of Beer Permit to Loras College Field on April 17, 1982, presented and read. Council Member Klauer moved that the request be approved. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 86-82 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. Robert Moldenhauer 9th & Central Peter F. Schumacher & Roger Theobald 32nd & Jackson Passed, adopted and approved this 7th day of April, 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, Hammel, Kiauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 87-82 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the i Manager be authorized to cause to be [ issued to the following named ap- plicants a Beer Permit. CLASS "C" BEER PERMIT Wareco System of Iowa 700 Rhomberg (Also Sunday Sales) Leonard O11 Company 1387 Dodge (Also Sunday Sales) CLASS "B" BEER PERMIT John G. & Jean L. Brehm and Volney Hash 1755 Radford Rd. (Also Sunday Sales) Passed, adopted and approved this 7th day of April, 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- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 88-82 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 tliereto 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 License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE John W. Noonan 1618 Central (Also Sunday Sales) Mr. Bill's, Ltd. Point Marina (Also Sunday Sales) Passed, adopted and approved this 7th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded Regular Adjourned Session, April 7, 1982 129 by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Civil Ser- vice Comm. of 2-23 & 3-24; Dock Comm. of 3-15 & 3-24; Historic Pres. Comm. of 3-5; Housing Comm. of 3-16; Human Bights Comm. of 1-20 & An- nual Beport for FY 80-81, P & Z Comm. of 3-3; Transit Bd. of 3-11 & Earnings Statement for Feb. 1982, Five Flags Co,nm. of 3-22; presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Delch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. Communications of Corporation Counsel recommending settlements of tire damage claim of Thomas Christ et ux in amount of $24. Tire damage claim of Debra Gustafson in amount of $86.71 and tire damage claim of John Oberhausen in amount of $60.43, presented and read. Council Member Kinuer moved that the settlements be approved and Finance Director to issue proper checks. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communications of Corporation Counsel recommending denial of claims of Joanita Betts, Michael J. Dolphin, Mrs. Milton Drlscoil, Gary Kennedy, advising of untimely filing of claim of Robert Neuwoehner, Den- nis Noel d/b/a Noel Bros. Trucking Co. and Walter Start, presented and read. Council Member Klauer moved that the denials be approved. Seconded by Council Member Deich. Carried b~y the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, K]uesner, Kronfeldt. Nays--None, NOTICES OF CLAIMS & SUITS: Lori Ann Ingles through Joan Ingles in amount of $7,000 for personal in- juries; Superior Welding Co. vs. City of Dubuque & Pillsbury Co. in amount of $38,971.25 with 5% interest; Lois A Shelter in undetermined amount for tire damages; Dan Waddick in amount of $68.55 for tire damages; Roger Sher- man in undeter~nined amount for per- sonal injuries, presented and read. Council Member Klauer moved that the claims and suits be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: Gregory I. Adams & Jeffrey T. Maggin, $25; John Meisenburg, $25; Joseph Sutter, $25; John D. Smith, $50; all for unex- pired Cigarette Licenses, presented and read. Council Member Klauer moved that the refunds be approved and Finance Director to issue proper checks. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of James J. Deggendorf, et al (205 signers) requesting to change existing laws that prohibit the prac- tice of tatooLug within the City Limits of Dubuque and submitting proposed Ordinance providing for same, presented and read. Council Member Beurskens moved that the petition be received and filed and matter be referred to the City Manager. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Kinuer, Kluesner, Kronfaldt. Nays--Council Member Deich. Proof of publication of Notices of Finding of No Significant Effect on the Environment for 11th St. Road- way Improvements, Claims and Receipts for month of February, Sum- mary of Adopted City Budget on file for inspection, presented and read. Council Member Klauer moved that the proofs of publications be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Dalch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. 130 Regular Adjourned Session, April 7, 1982 Communication of five members of Dubuque Policemen's Protective Assn. expressing appreciation for postponing the decision on a Public Safety Commissioner, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammdi Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Dubuque Federa- tion of Labor urging stricter enforce- ment of existing City Ordinances con- cerning vandalism and disorderly con- duct rather than trying to solve those two problems by prohibiting beer in our City parks, 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, CounciI Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Civil Aeronautics Bd. advising of Order extending re- quirement to provide essential air transportation by Ozark Air Lines at Fort Dodge and Mason City, 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- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfaldt. Nays--None. Communication of HUD concurring with City's intention to extend the nonassisted portion of Dubuque's cur- rent Housing Assistance Plan to Sept. 20, 1982, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Leo Ungs, Dubuque County Institutional Accounts re- questing suspension of real estate taxes for an individual, presented and read. Council Member Beurskens moved that this petition not be approved and that it be sent back to the Social Ser- vices for any available assistance. Seconded by Council Member Ham- reel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Honorable Mayor and Members of the City Council We have been advised that the first list of ten persons that passed the Fire Exams on September 10, 1981 and November 3 & 4, 1981 has been ex- hausted. We hereby certify a second list of persons as eligible for appointment to fill vacancies on the Fire Department as may exist. (~There was a tie for 20th position) Calvin L. Motsch Thomas F. Meyer Randall R. Rick Robbie E. Lees Thomas R. Fury Jeffrey S. Kiebel Thomas D. Parker Troy J. Lampers Larry Hoefflin Charles Skemp Gary E. Frederick Respectfully submitted, Dolores A. Reihle Chairperson John E. Hess Ann Smith Civil Service Commission ATTEST: Mary A. Davis City Clerk Subscribed and sworn to before me this llth day of March, 1982. Karen M. Chesterman Notary Public Notarial Term Expires 9-30-83. Council Member Klauer moved that the list be approved and this be made a matter of record. Seconded by Council Member Deich. Carried by the follow- Lug vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Darlene Hantelmann, Personnel Assistant, ad- vising of Youth in Government Pro- gram days on April 12, 13, and 14th, presented and read. Council Member Klauer moved that the communication be received and Regular Adjourned Session, April 7, 1982 131 filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Solid Waste Agency submitting their budget for Fiscal Year 1983 as adopted on March 23, 1982, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens. Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting information received from the Iowa DOT relative to plans for the repair of the Julien Dubuque Bridge in the next five years, 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- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting the policy change for the use and promotion of the Five Flags Theater, 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, Coancil Mem- bers Beurskens, Deici~ Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting response to petition from Gary Ruden regarding the posted speed limits on Dodge Street, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Teleprompter Cable TV submitting Financial Report period ending Dec. 31, 1981, presented and read. Council Member Klauer moved that the report be received and filed. Seconded by Council Member Deich. Carried by tho following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Thermolyne Corp. requesting per- mission to open cut Kerper Blvd. in order to make two water service line connections to the existing 14" main located in the median of Kerper Blvd., presented and read. Council Member Klauer moved that the request be approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business, Council Member Hammel moved that the meeting be adjourned. 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. _J. 982 Adopted _1982 Mayor Council Members ATTEST: City Clerk 132 Special Session, April 12, 1982 CITY COUNCIL OFFICIAL Special Session, April 12, 1982. Council Met at 7:30 p.m., Public Library Auditorium, Present--Mayor Brady, Council Members Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- potation Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated this meeting is called for the purpose to conduct a Public Hearing for the suspension or revocation of Class "C" Beer Permit for Transport Sales Co., d/b/a The Oil Depot and ac- ting upon such other business which may properly come before the Council. Invocation was given by Rev. Robert Miller of the First Congrega- tional Church. Mayor Brady expressed congratnia- tions to Radio Station WDBQ for receiving the award as Best Station by Broadcast Management and Engineer- lng magazine. Paul Hemmer of WDBQ expressed appreciation for the City's recognition. PROCLAMATIONS: Week of April 18, 1982 as "Ground Zero Week"; Week of April 18-24, 1982 as "Volunteer Week" received by Sharon Heller; Week of April 18-24, 1982 as "National YWCA Week" received by Karen Wharton and Cindy Ahrens; Week of April 18-24, 1982 as "Substance Abuse Prevention Week" received by Cletus Close; Week of April 11-17, 1982 as "Boys Club Week" received by two members of the Boys Club; Week of April 18-24, 1982 as "National Library Week" received by Ken Pease. Mayor Brady swore in the "Youth in Government" officials. Council Member Kluesner moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. The notification of the Delivery of Service to Paul Fahey at The Oil Depot, presented and read. Council Member Deich moved that the notification 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. Council Member Beurskens moved that they receive in the record the notice of the three previous convic- tions. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, KronfeIdt. Nays--None. A Public Hearing for the Suspension or Revocation of the Class "C" Beer Permit for Transport Sales Co. d/b/a The Oil Depot, 1075 Dodge, proceeded with Police Chief R. O'Brien, At- torneys Bill Blum and Harley Stark, Jr. presenting the City's side in this matter. Attorney Don Breitbach, Bernard Fahey and Pani Fahey gave specifics of The Oil Depot's position in this mat- ter and requested City's consideration because of the circumstances of the happening(s) and the safeguards set up to ensure complete compliance with the law. Council Member Hammel moved to suspend the beer permit for The Oil Depot for a period of twenty-four days fourteen day suspension for first of- lense, five for each additional). Second- ed by Council Member Kluesner. Car- tied by the following vote: Yeas--Council Members Deich, Hammel, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- bers Beurskens, Klauer. Communication of Joseph T. Leech, ECIA, requesting a Public Hearing on the State Transit Assistance Grant Application for Keyline be set for May 17, 1982, presented and read. Council Member Hammel moved that the communication be received and filed and approved the request, setting Public Hearing for May 17, 1982. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Authorizing Resolution RESOLUTION NO. 89-82 We, hereby, authorize the City of Dubuque, Iowa on April 1, 1982 to ap- Special Session, April 12, 1982 133 ply for $56,915 to be used for operating assistance under the state transit assistance program and enter into contract with the Iowa Depart- ment of Transportation. Name: City Council of the City of Dubuque, Iowa By: James E. Brady Title: Mayor Address: 13th & Central Ave., Dubuque, Iowa 52001 Telephone: 319/589-4100 Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of 443 citizens requesting to ban the drinking of beer in all City parks after 8:00 p.m. and closing and locking the north gate of Eagle Point Park at 6:00 p.m. daily, presented and read. Council Member Hammel moved that the petition be received and filed and matter referred to the City Manager for a report back no later than the first meeting in May (with Work Session to be held with the Park Bd. by Council). Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Lowell Davis, 3138 Shiras Ave., specified that over 12,000 cars enter Eagle Point Park on weekends, and there should be better traffic and speed control. Joe Behan, 2800 Shiras, requested that they close the north gate of Eagle Point Park, and requested better police patrol in this area. Richard Johnston, 3144 Shlras, ex- pressed concern with the speed of the cars coming out of Eagle Point Park, and requested that the north gate be closed at 6:00 p.m. Clint Johnson, 3148 Shiras, re- quested that gates be closed at 6:00 John Dolan, 3058 Shlras, as a long- term resident of that area, stated that the central problem is law enforce- ment, stressing it is unsafe for children in the parks and now that danger is overflowing into Shiras. Communication of City Manager submitting an Ordinance to change one of the pay television services available under the Cable Franchise Ordinance, 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, Nammel, Klauer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 20-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 36-183(w) IN LIEU THEREOF, PROVIDING FOR MONTHLY SUBSCRIBER RATES FOR PAY TELEVISION SERVICES, 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 Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel, Klauer, Kluesner, 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. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 20-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF. THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 36-183(w) THEREOF AND ENACTING A NEW SECTION 36-183(w) IN LIEU THEREOF, PROVIDING FOR MONTHLY SUBSCRIBER RATES FOR PAY TELEVISION SERVICE. 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 repea~ing Section 36- 183(w) thereof and enacting a new Sec- tion 36-183(w) in lieu thereof as roi- 134 Special Session, April 12, 1982 "(w) Pay Television Service. Showtime: Installation charge - Fifteen dollars ($15.00). Monthly rate - Nine dollars and ninety-five cents ($9.95). Home Box Office: lnstallation charge · Fifteen dollars ($15.00l. Monthly rate - Nine dollars and ninety-five cents ($9.95). Cinemax: Installation charge - Fifteen dollars ($15.00) Monthly rate - Nine dollars and ninety-five.cents ($9.95) Home Theater Network Plus: Installation charge - Fifteen dollars ($15.(X)). Monthly rate - Six dollars and ninety-five cents ($6.95). Second and third pay services shall be discounted two dollars ($2.99) each. Discount does not apply to Home Theater Network Plus." Passed, approved and adopted this 12th day of April, 1982. James E. Brady May~r ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 16th (lay of April 1982. Mary A. Davis It 4/16 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Ordinance which provides authorization to permit open burning of garden wastes, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 21-82 AN ORDINANCE AMENDING CODE OF ORDINANCES BY ENAC- TING NEW SECTION 17-1 IN LIEU THEREOF AND BY THE ADDI. TION OF NEW SECTIONS 17-3, 17-4, AND 17-5 PROVIDING FOg RESTRICTIONS ON BURNING OF WASTES AND PROVIDING FOR SEASONAL OPEN BURNING PERIODS, 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 Kronfeldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Klauer, Kluesner, 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 Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer. Khiesner. Kronfeldt. Nays--None. ORDINANCE NO. 21-82 AN ORDINANCE AMENDING THE (~ODE OF ORDINANCES OF THE CITY OF DUQUBUE, IOWA, BY REPEALING SECTION 17-1 OF ARTICLE I, CHAPTER 1 7 q~HEREOF, BY ENACTING A NEW SECTION 17-1 IN LIEU THEREOF AND BY THE ADDITION OF NEW SECTIONS 17-3, 17-4, AND 17-5 PROVIDING FOR RESTRICTIONS ON BURNING OF WASTES AND PROVIDING FOR SEASONAL OPEN BURNING PERIODS. 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 17-1 of Article I of Chapter 17, and by enact- lng a new Section 17-1 in lieu thereof, as follows: Section 17-1. Burning Restric- tions (al It shall be unlawful for any per- ~on to burn or incinerate any garbage or refuse within the city except by permission of the City Manager. This section shall apply to all garbage and refuse, as defined, and shall specifi- cally include all waste paper, boxes, construction materials, market wastes, garden wastes, trees, tree limbs, leaves and any and all materi- als other than materials used as fuels for a furnace or boiler. (b) This section shall not apply to any incinerator operated under a Special Session, A license granted by the city or any incinerator operated by the city or any burning conducted under the direction of the fire department for trnining purposes. (c) This section shall not apply to outdoor cooking appliances used for residential recreational purposes using commonly acceptable fuels." Section 2. That the Code of Ordi- nances of the City of Dubuque be mnended by adding new sections 17-3, 17-4, and 17-5 in Chapter 17, Article I, thereof, as follows: **Section 17-3. Special Permission to Burn Landscape Wastes The City Manager may allow the burning of garden wastes, tree clip- pings, small brush, leaves and other landscape generated waste for limited and specific periods. This provision shall apply only to the burning of such waste on the same premises as such waste was generated." "Section 17-4. Air Quality Consid- erations for Permitted Burning The City Manager may permit periodic open burning pursuant to Section 17-3 when the ambient air quality of the city has met all Air Quality Standards of the Iowa Department of Environmental Qual- ity for the preceding six month period." '*Section 17-5. Cancellation of Permitted Open Burning Permitted open burning of land- scape generated wastes is subject to immediate cancellation by the City Manager in the event of unfavorable local weather or atmospheric condi- Section 9. This ordinance shall be in full force and effect after its final adoption and publication as provided by law. PASSED, APPROVED AND ADOPTED THIS 12TH DAY OF APRIL, 1982. James E. Brady, Mayor Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 16th day of April, 1982. Mary A. Davis City Clerk It 4/16 Council Member Kinuer moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. ~ri112, 1982 135 ORDINANCE NO. 22-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY REPEALING DIVISION 4 OF ARTI- CLE III COMPRISED OF SEC- TIONS 27-86 THROUGH 27-95 PRO~ VID1NG FOR THE ELIMINATION OF PETRAKIS PARK AS A MUNICIPAL ATHLETIC FIELD, ~aid Ordinance having been presented at the meetings of March 22, and April 7, 1982, presented for final adoption. ORDINANCE NO. 22-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE IN REPEAL- ING DIVISION 4 OF ARTICLE III COMPRISED OF SECTIONS 27-86 THROUGH 27-95 PROVIDING FOR THE ELIMINATION OF PETRAKIS PARK AS A MUNICI- PAL ATHLETIC FIELD. WHEREAS, the City Council on September 8, 1981, pursuant to Resolu- tion No. 266-81 and after a Public Hearing, disposed of the City's interest in certain real estate, commonly iden- tiffed as Petrakis Park, to The Pills- bury Company; and WHEREAS, Petrakis Park is no longer deg~gnated or in use as a munic- ipal athletic field; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Division 4, of Article III, comprised of Sections 27-86 through 27-95. passed, approved and adopted this 12th day of April, James E. Brady Mayor ATTEST: Mary A. Davis (Ylty Clerk Published officially in the Telegraph Herald newspaper this 16th day of Apri~ 1982. Mary A. Davis City Clerk 136 Special Session, April 12, 1982 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Kluesner, Kronfeldt. Nays--Council Members Hammel, Kinuer. Council recessed at 9:40 p.m. Council reconvened at 9:48 p.m. Communication of Council Member Hammel requesting to speak on the establishing of bi-monthly meetings with work sessions, presented and read. Council Member Hammel moved that beginning May 1st, there would be bi-monthly meetings with Work Sessions on intervening Wednesdays. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Council Member Deich requesting to address the mat- ters pertaining to the contract of the City Manager, presented and read. Council Member Deich moved that the communication be received and filed and contract accepted with the City Manager. Seconded by Council Member Kronfeldt. Council Member Beurskens moved to amend Sections 9 of the contract with a maximum of $350 and Section 10 with a maximum of $2,200. Second- ed by Council Member Klauer. Amend- ment carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner. Nays--Council Member Hammel, Kronfeldt. Vote on the original motion, as amended: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 90-82 WHEREAS, Applications for Beer Permits have been submitted and fried 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 tiffs City and have filed proper bonds; NOW, THEREFORE. BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT St. Patrick's Parish Corporation 1425 Iowa Street (Also Sunday Sales) CLASS "C" BEER PERMIT Raymond L. & Kandis L. Haggstrom 3412 Pennsylvania Ave. (Also Sunday Sales) Passed, adopted and approved this 12th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Delch, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 91-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval end 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 fried 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 Ronald Joseph Fens 1121University Special Session, April 12, 1982 137 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE (Continued) Knights of Columbus Council #510 781 Locust St. IAlso Sunday Sales) Jeannine A. Kersch 1555 Central Ave. IAlso Sunday Sales) Passed, adopted and approved this 12th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recommending settlement of car damage claim of Wayne Sherman in amount of $44.45, presented and read. Council Member Hammel moved that the communication be received and filed and the settlement be ap- proved, directing Finance Director to issue proper check. Seconded by Coun- cfi Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfaidt. Nays--None. Communications of Corporation Counsel recommending denials of auto damages claim of Rocco S. Buda, Jr., denial of car damage claim of John Baumgartner, denial of sewer back-up claim of Jerry A. Scott, denial of car damage claim of Charles A. Bloch, Sr., denial of cab damage claim of Wm. Luerkens et al, presented and read. Council Member Hammai moved that the communlcatlans be received and filed and denials approved. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfaidt, Nays--None. Notices of Claims: Madonna M. Birch, in amount of $3,500 for personal injurles, and Daniel J. Klein in amount of $83.95 for plugged sewer, presented and read. Counci Member Hamrael moved that the claims be referred to the Cor- poration Counsel for investigation and report. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer. Kluesner, Kronfeldt. Nays--None. Refunds Requested: M.L. Donovan, $25 on unexpired cigarette license; John R. Lammer & Joyce J. Hart, $422.50 on unexpired Liquor License, presented and read. Council Member Hammel moved that the refunds be approved and directed Finance Director to issue pro- per check. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business, Council Member Klauer moved to ad- journ. Seconded by Council Member Hammel. Carried by the following 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 138 Special Session, April 19, 1982 CITY COUNCIL OFFICIAL Special Session, April 19, 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 Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a Public Hearing on the Resolution of Necessi- ty for proposed plans, specs, etc, for East 11th Street Reconstruction from Central Ave. to Kerper Blvd. and ac- ting upon such other business which may properly come before the Council Invocation was given by Rev. Walter Hamer of the Third Presbyterian Church. PROCLAMATIONS: April 18-24 as "Ground Zero Week"; Year of 1982 as "National Year of Disabled Persons" received by Nell Kelly; April 22nd as "Girl Scout Leader Recognition Day" received by five leaders; April 18-24 as "Professional Secretaries Week" received by Susie Wilkinson. Dubuque Jaycee Brian Southwood presented the "Eddy Award" to the J.C. Penney Co.'s Dave Rodman. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of Notice on Pendency of Resolution of Necessity for Public Improvements and Public Hearing upon proposed plans, and specs, for East 11th Street Reconstruction from Central Ave. to Kerper Blvd., 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 Delch. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 76-82 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- lice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the East Eleventh Street Reconstruc- tion from Central Avenue to Kerper Blvd. BE IT THEREFORE RESOLVED that the City Council deems it ad- visabla and necessary for the public welfare to make the herein mentioned rmprovement, and unless interested persons at the time of the final con- sideratlan 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 a~d are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Road Use Tax Fund, the Community Development Fund and the State of Iowa. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 7th day of April, 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 tossed and adopted, as proposed by the City Council this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved final adoption of the Resolution. Seconded Special Session, April 19, 1982 139 by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich. Hammel, Klauer, KLnesner. Kronfeldt. Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 92-82 WHEREAS. proposed plans and specifications and form of contract for the East Eleventh Street Reconstruc- tion from Central Avenue to Kerper Blvd. 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 con- tracts 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 19th day of April, 1982; and WHEREAS, the City Council met in special session this 19th day of April 1982. at 7:30 p.m. at the Public Library Auditorium for the purpose of hearing all interested parties and con- sidering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; 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 all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, approved and adopted this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the ResoIutlan. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. CommunicatLnn of City Manager submitting proposed amendment to the Fiscal Year 1982 Budget and re- questing Public Hearing be set, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Councl Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Klauer, KLnesner, Kronfeldt. Nays--None. RESOLUTION NO. 93-82 Resolution Directing the City Clerk to Publish Proposed Amendment to the Fiscal Year 1982 Budget and Date of Public Hearing. WHEREAS, it is proposed that the City of Dubuque amend its Fiscal Year 1982 Budget; and WHEREAS, Section 384.16, Code of Iowa, stipulates that a public hearing must be held on such a budget amend- ment. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque. Passed, approved and adopted this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution, setting Public Hearing for May 17, 1982 and directing Clerk to publish notice in the manner set by !aw. Seconded by Coun- cll Member Beurskens. Carried by the following vote: 140 Special Session, April 19, 1982 Yeas--Mayor Brady, Council Mere bets Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for the approval of Lease Agreement bet- ween City of Dubuque and Dubuque Arboretum Assn., 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. RESOLUTION NO. 94-82 WHEREAS, the City of Dubuque and Dubuque Arboretum Association propose to enter into a lease agree- ment covering certain City-owned real estate located in Marshall Park; and WHEREAS, the lease period is in excess of three (3) years and the Code of the State of Iowa requires that a public hearing be conducted prior to the execution of said lease. NOW, THEREFORE, be it resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the proposed lease by and between the City of Dubuque, lowa, and Dubuque Arboretum Association be and the same is hereby approved. Section 2. That the City Clerk be and she is hereby authorized and directed to publish notice of the intent of the City of Dubuque to enter into the lease with the Dubuque Arboretum Associa- tio,, as required by law. Passed, approved and adopted this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution setting Hearing for 5-3-8~. Secondedby Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for the amendment to the Urban Renewal Plan, 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, Delah, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 9~82 A Resolution Fixing the Date of Public Hearing for an Amendment to the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, on May 18, 1967, the City Council of the City of Dubuque, Iowa, after public hearing duly adopted an Urban Renewal Plan for the Downtown Urban Renewal Area Project, Iowa R-15 (herein called the "Project"); and WHEREAS, the City of Dubuque is carrying out the Project in confer- mance with the approved Urban Renewal Plan; and WHEREAS, it is deemed to be in the best interest of both the Project and the City of Dubuque to amend the approved Urban Renewal Plan for the Project; and WHEREAS, the proposed plan amendment is of the nature which re- quires a public hearing as set forth in Chapter 403 of the 1981 Code of Iowa, as amended, and in conformance with the appropriate policies and regula- tions of the United States Department of Housing and Urban Development; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a public hearing on a proposed amendment to the approved Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15, will be held at Z'3O p. m. on May 3, 1982, in the City Council Chambers, City .rial& 13th & Centra~ Dubuque, Iowa. Section 2. That the City Clerk be and she is hereby authorized and directed to publish no,ice of the time and place of said public hearing, as provided by law. Special Session, April 19, 1982 141 Passed, adopted and approved this 19th day of April, 1982. James E. B~:ady 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. Petition of Robert A. Neuwoehner on behalf of the Dubuque Board of Realtors, Inc. requesting to address the Council to present their views on property taxation, presented and read. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Phil Wulfekuhlo and Tom Leibold, realtors, stated the Board wished to safeguard property owner's rights and proposed switching of property tax burden to other taxes and extended help in whatever way posslble in the future. Communication of City Manager submitting a proposed amendment to an extension of Redeveloper Designa- tion Agreement with Homart Co. (dated 4-15); and Communication of City Manager submitting supplemen- tal material on the Redeveloper Designation Agreement (dated 4-19), presented and read. Council Member Klauer moved to receive and file the communications. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mr. Dan Dittemore, City Staff, and Dick Clark and Joe Linnane of Homart clarified the specifics of the possible extension of the agreement. RESOLUTION Providing for the authorization to amend and extend Redeveloper Designation Agreement for a period of six months (Redeveloper Designation Agreement as Amended April 20, 1982 attached), presented and read. Council Member Deich moved to adopt the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Hummel, Kronfeldt. Mr. Ed Sheppley, manager of the Dubuque Building, stated that he and his nearby business enterprise, sup- ported Homart and the potential of the downtown development. Council Member Deich moved to reconsider the previous motion- the 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. RESOLUTION NO. 96-82 A Resolution Amending the Redeveloper Designation Agreement with the Homart Development Co. for the Downtown Dubuque Urban Renewal Project. Iowa R-15, and Pro- viding for a Six Month Extension Thereof WHEREAS. pursuant to Resolu- tions No. 33-80 and 92-80, the City Council of the City of Dubuque, Iowa solicited proposals for designation of a redeveloper for certain land in the Downtown Urban Renewal Project, Iowa R-15; and, WHEREAS, the solicitation of pro- posals resulted in the award of a Redeveloper Designation Agreement for such Urban Renewal Project to the Homart Development Co.. pursuant to Resolution No. 131-80; and, WHEREAS, such Redeveloper Designation Agreement, having been duly advertised and entered into in the manner prescribed by law, has provid- ed for the extension of the period of such Agreement by mutual agreement of the parties; and, WHEREAS, the parties have deter- mined that certain amendments to the Agreement are now desired as a prere- quisite to the further extension of the term of such Agreement; and WHEREAS, the Homart Develop- ment Co. has given notice of its re- quest for such extension of said 142 Special Session, April 19, 1982 Redeveloper Designation Agreement, as amended: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Redeveloper Designation Agreement with the Homart Development Co., adopted ac- cording to Resolution No. 131-80 and as extended by Resolution No. 102-81 be and the same is hereby amended by repealing Section 1, thereof, and by adopting a new Section I in lieu thereof, as follows: "Section 1. The Redeveloper Desig- nation shall be for a period of six months, or such mutually agreed upon extension thereof, during which time the C~ty and the Re- developer will use their respective best efforts to develop a Contract for Sale of Land for redevelopment of land identified as Blocks 12, 13, 14 and 17 in Dubuque Downtown Plaza. ' Section 2. That the aforesaid Redeveloper Designation Agreement be and the same is hereby further amended by repealing Section 2, Sec- tion 3 and Section 4 thereof, and by adopting a new Section 2 in lieu thereof, as follows: "Section 2. The City and the Redeveloper will negotiate with each other in good faith to each agree- ment on terms and conditions for the Redeveloper to acquire from the City an interest in the real estate identi- fled in Section 1, above. It is also understood that the C~ty may, at its discretion~ consult with parties other than the Redeveloper during the pro- tess of such negotiation. Neither the City nor the Redeveloper shall be bound by this Agreement to convey, accept, or enter into any such inter- est subsequent agreement, or eon- tract for sale of land except by their mutual consent during the period of this Agreement or extension thereof" Section 3. That the aforesaid Redeveloper Designation Agreement be and tho same is hereby amended by renumbering Section 5 thereof, to b~eome Section 3 thereof, and by ad- ding to said Section the following pro- vision: "The City shall not assign any in- terest in any of the real estate des- cribed in Section 1, hereof, to any other person or corporatio,, nor shall it enter into any contract, agreement or understanding with respect to such interest in said real estate, without the prior written consent of the Redeveloper while this Agree- ment remains in force." Section 4. That the aforesaid Redeveloper Designation Agreement be and the same is hereby amended by renumbering Section 6 thereof, to become Section 4 thereof Section 5. That the aforesaid Redeveloper Designation Agreement be and the same is hereby amended by repealing Section 7 thereof, and by adopting a new Section 5, in lieu thereof, as follows: "Section 5. This Agreement may be terminated by either party upon ninety (90) days written notice to the other." Section 6. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tance of the City of Dubuque upon the Redeveloper Designation Agreement, as amended according to this Resolu- Passed, adopted and approved this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem~ bets Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Communication of P & Z advising of the denial of the rezoning request of Del Kueter for property located at 2250-2252 Central Ave. and adjacent properties from R-4 Multi-Family Residential District to C-2 Local Ser- vice Commercial District, presented and read. Council Member Deich moved that the communication be received and filed and concur with the denial of the P & Z Commission. Seconded by Coun- cil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt. Nays--Council Members Hammel, Klauor. Communication of City Manager submitting three Resolutions for the City's acceptance of Warranty Deeds Special Session, April 19, 1982 143 for parcels of properties acquired for the North-West Arterial Project, presented and read. Council Member Hammel 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. RESOLUTION NO. 97-82 WHEREAS, the City of Dubuque, Iowa, has acquired the real estate hereinafter described from Ronald J. Herrig and John W. Herrig; and WHEREAS, said persons have delivered Warranty Deed conveying real estate to the City of Dubuque, Iowa, described as: Lot 2 of Lot 1 of Lot A of Embassy West, in the City of Dubuque; and WHEREAS, said delivery of deed, dated December 8, 1981, by said per- sons to the City of Dubuque, Iowa, should be accepted. NOW, THEREFORE, BE IT SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the delivery of a War- ranty Deed by Ronald J. Herrig and John W. Herrig, dated December 8, 1981, conveying to the City of Dubu- que, Iowa, the hereinabove described real estate, be and the same is hereby aecepted~ Section 2. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be record- ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Clerk be and is hereby directed to forwards cer- tiffed copy of the Resolution to the Dubuque City Assessor and the Dubu- que County Auditor. Passed, adopted and approved this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Meanber Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Ha~nmel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 98~82 WHEREAS, the City of Dubuque, Iowa, has acquired the real estate hereinafter described from Prince of Peace Evangelical Lutheran Church of Dubuque, Iowa; and WHEREAS, said persons have delivered Warranty Deed conveying real estate to the City of Dubuque, Iowa, described as: Lot 2 of Lot 2 of Lot A of Embassy West, in the City of Dubuque; and WHEREAS, said delivery of deed, dated December 18, 1981, by said per- sons to the City of Dubuque, Iowa, should be accepted. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the delivery ora War- ranty Deed by Prince of Peace Evangelieal Lutheran Church of Dubu- que, Iowa, dated December 18, 1981, conveying to the City of Dubuque, Iowa, the hereinabove described real estate, be and the same is hereby ac- cepted. Section 2. That the City Clerk be and is hereby authorized and dlreeted to cause said Warranty Deed to be record- ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Clerk be and is hereby directed to forward a tiffed copy of the Resolution to the Dubuque City Assessor and the Dubu- que County Auditor. Passed, adopted and approved this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 99-82 WHEREAS, the City of Dubuque, Iowa, has acquired the real estate hereinafter described from Dubuque 144 Special Session, April 19, 1982 Development, Inc.; and WHEREAS, said persons have delivered Warranty Deed conveying real estate to the City of Dubuque, Iowa, described as: Lot C of Embassy West, in the City of Dubuque; and WHEREAS, said deliver' dated January 7. 1982, by said persons to the City of Dubuque, Iowa, should be accepted. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa: Section 1. That the delivery of a War ranty Deed by Dubuque Ddvelopment, Inc., dated January 7, 1982, conveying to the City of Dubuque, Iowa, the hereinabove described real estate, be and the same is hereby accepted, Section 2. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be record- ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Clerk be and is hereby directed to forward a ce~ t~fied copy of the Resolution to the Dubuque City Assessor and the Dubu- que County Auditor. Passed, adopted and approved this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for the con- struction of Interim Street Im- provements related to the Dubuque to Wisconsin Bridge, presented and read. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager recommending awarding contract for the Interim Street hnprovements to Tschiggfrie Excavating Co., presented and read. Council Member Klauer ~noved that the com~nunication be received and filed, Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. (Awarding Contract) RESOLUTION NO. 100-$2 WHEREAS, sealed proposals have been submitted by contractors for the Interim Street Improvements Relating to the Dubuque to Wisconsin Bridge pursuant to Resolution No. 60-82 and notice to bidders published m a newspaper published in said City on March 26, 1982, and WHEREAS, said sealed proposals were opened and read on April 13, 1982, and it has been determined that the bid of Tschiggfrie Excavating of Dubuque in the amount of $127,872.07 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above- mentioned improvement be awarded to Tschiggfrio Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tors bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Special Session, April 19, 1982 145 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. Petition of Council Member Deich requesting an amendment to Chapter 5 of the Code of Ordinances regarding the control on sale of beer and]or alcoholic beverages and giving direc- tion for notices to be sent, presented and read. Council Member Deich moved that the petition be received and filed and the matter referred to the Corporation Counsel for implementation. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Dnich, Hammel, Klauer, KLuesner, Kronfeldt. Nays--None. Petition of Walter Pregler, Chair- man of Transit Board, requesting amendment of Section 38-75 of the Code of Ordinances eliminating the re- quirement of meetings to be held in the Council Chambers, presented and read. Council Member Hammel moved that the petition be received and filed and referred to the Corporation Counsel for implementation. Seconded by Council Member Klaner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, KLuesner, Kronfeldt. Nays--None. BOARDS AND COMMISSIONS: One Vacancy on the TV Cable Com- munity Tele-Programming Commis- sion. Applicants: Thomas H. Kersch, F.M. Hellert, Rod Bakke, Philip L. Becket, Thomas Boettclier, James A. Meek, Karen O'Rourke, Joseph RisseLumn. Vote on the motion was as follows: Council Member Beurskens voted for Meek, Mayor Brady voted for Becker, Council Member Deich voted for Meek, Council Member Hamm~l voted for Meek. Council Member Klauer voted for Becket, Council Member Kluesner voted for Council Member Kronfeldt voted for Meek. Therefore, James A. Meek ap- pointed to an unexpb'ed term which will expire 6-30-83. RESOLUTION NO. 161-82 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS. The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named pllcants a Beer Permit. CLASS "E" BEER PERMIT Charles J. Spielman Vet's Memorial Park (Also Sunday Sales) CLASS "C" BEER PERMIT Astgen's Foods, Ltd. 1101 Rhomberg (Also Sunday Sales) Palmer Drug Co. 2600 Dodge (Also Sunday Sales) Passed, adopted and approved this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 102-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for appro'~ni and the same have been examined and approved; and WHEREAS, the prenfises 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 to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Do Sac, Inc. 206 W. 3rd St. 146 Special Session, April 19, 1982 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE (Continued) Grove Tools, Inc. 925 Century Dr. (Also Sunday Sales) Passed, adopted and approved this 19th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Printed Council Proceedings for month of January, 1982, presented for approval. Council Member Beurskens moved that the proceedings be approved as printed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Cable Tele-Programming Commission of 4-6; Public Library of 3-4, 3-8, 3-16 and 3-23; Planning and Zoning Commis- sion of 3-17 & 4-7; Zoning Board of Ad- justment of 3-18; Transit Board of 2-11 and 3-11; Earnings Statement for March, 1982, presented and read. Council Member Beurskens moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kiauer, KLuesner, Kronfeldt. Nays--None. Airport Commission Minutes of 4-6, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communications of Corporation Counsel recommending denials of car damage claim of Richard Patters and windshield damage claim of Gary G. Yeager, presented and read. Council Member Beurskens moved that the communications be received and filed and denials approved. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Mrs. Guy Hamm in amount of $50 for tire damages; Rob Kluga in unknown amount for property damages, presented and read. Council Member Beurskens moved that the claims be received and filed and referred to the Corporation Counsel for investigation and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: Jeff Maggie and Gregory Adams, $633.75 for unexpired Liquor License, presented and read. Council Member Beurskens moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Klauer, KLuesner, Kronfeldt. Nays--None. Communication of Peoples Natural Gas Co. submitting their 1981 Annual Report, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- Lug vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Civil Aeronautics Board advising an Order appointing Appeals Panel to act upon the deter- ruination of air transportation at Fort Dodge, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- Lug vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Spe~alSession, Apdl19,1982 Communication of Dubuque Area Safety Council submitting their Resolution pertaining to eliminating of roadside hazards and requesting ac- tion be taken by the City, presented and read. Council Member Beurskens moved that the communication be received and filed and matter referred to the City Manager. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting monthly reports of Finance Director and City Treasurer for month of March, 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, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing approval for Jack Jones & Sons Excavating, Inc. to excavate in the street in front of 320 Hill Street for the purpose of repairing a leaking water service, presented and read. Council Member Beurskens moved that the communication be received and filed and request approved. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Tom Smith, 350 Winona, questioned the Council relative to the Cable TV Franchise, commended Mr. Clark of Homart and wondered about lack of interest of former Council Members. 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved .1982 Adopted Mayor Council Members ATTEST: City Clerk 147 .1982 148 Special Session, April 26, 1982 CITY COUNCIL OFFICIAL Special Session, April 26, 1982. Council Met at 7:30 p.m. at Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart. Corporation Counsel Harley F. Stark, Jr. Absent at Roi1 Call--Council Member Klauer. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called designating properties located at 371-373 Bluff St. as architecturally significant and acting upon such other business which may properly come before the Council. Invocation was given by Father Harry Koelker of St. Joseph's Church. PROCLAMATION: May 4th as "Foster Grandparent Day" received by Nancy Kingley. Communication of City Manager providing background information concerning Ms. Marjorie Inman's re- quest that City Council designate the duplex at 371-373 Bluff St. as architec- turally significant and requesting that the designation be set for Public Hear- ing. presented and read. Council Member Kronfeldt moved that the communication be received and filed and Hearing scheduled for May 17, 1982. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Khiesner. Kronfeldt. Nays--None. Absent--Council Member Klauer. Council Member Beurskens moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Klauer. Petition of Paul Behr of 1114 Gar- field Ave. requesting-to address the Council concerning the installation of stop signs for North and South traffic on the 1200 Block of Garfield Ave. (in- tersection of Garfield & Fengler Streets) and objecting to removal of stop signs on the East and West traf- fic on Fengler Street. presented and read. Paul Behr spoke to the petition re- questing further consideration of new bridge traffic being routed through the mainly residential areas. Council Member Klauer entered the Chambers at 7:38 p.m. and took his chair at the table. Council Member Deich moved that the petition be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting resolution authorizing a re- quest for Release of Funds for certain Community Development Block Grant projects, 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, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 103-82 A Resolution Authorizing Submission of a Request for Release of Funds for Certain Community Development Block Grant Projects. WHEREAS, the City of Dubuque, in conformance with the Environmen- tal Review Procedures for the Com- munity Development program, con- vened an ad hoc committee on March 5, 1982 which completed an En- wronmental Assessment of the follow- ing identified project to be funded in the Community Development Block Grant: Ice Harbor Museum/Riverfront Tourist Access and Parking Lot; and WHEREAS, pursuant to Resointion No. 85-82, adopted April 7, 1982, Public Notice .of a "Finding of No Significant Effect on the Environ- ment'' for the project above was 1982, in the Dubu- que Telegraph Herald, a newspaper of general circulation and provided for a comment period until 12:00 Noon, Friday, April 23, 1982; and WHEREAS, Public Notice of a Special Session, April 26, 1982 149 "Finding of No Significant Effect on the Environment" for the project was sent by regular mail to various federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a Public Notice; and WHEREAS. any and all objections, if any, to such proposal has been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submis- sion of a request to the U.S. Depart- ment of Housing and Urban Develop- ment for the release of funds to carry out the above-identified project: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said record may be examined and copied by any in- terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment seven (7) days after receipt from HUD of approved application for FY 1983 Block Grant funds, a request for release of funds to undertak~ the said project. Section 3. That the Mayor of thecity of Dubuque is hereby authorized to consent to assume the status of a responsible Federal Official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the ~S. Department of Housing and Urban Development's responsibilities for review, decision- making, and action assumed and tied out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque, is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the en- vlronmental review procedures. Section 6. That the Mayor of the City of Dubuque be and he is hereby directed to publish a public notice for a Request for Release of Funds and Ce~ tification in the form of Exhibit "A" attached hereto and made a part hereof Passed, adopted and approved this 26th day of April. 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. RESOLUTION NO. 104-82 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the pro~isions 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. Eugene L. Kopp dlb/a "Geno's" 1641 Asbury Road Passed, adopted and approved this 26th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 105:82 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- 150 Special Session, April 26, 1982 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 Earl Tegeler 620 S. Grandview Ave. (Also Sunday Salesl CLASS "B" BEER PERMIT Eugene L. Kopp 1641 Asbury Rd. (Also Sunday Sales) Passed. adopted and approved this 26th day of April, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 106-82 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 pllcants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Donna M. (]inter 1701 Asbury Rd. Paul G. & Ann E. Hansen and John & Mary Wernke 1630 E. 16th St. (Also Sunday Sales) Marco's Inc. 2022 Central Ave. Passed, adopted and approved this 26th day of April, 1982. James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Tom S~nith, 350 Winona, questioned the proposed policy of banning beer in the City parks. MINUTES SUBMITTED: Housing Code Advisory and Appeals Bd. of 4-14; Park Board of 2~25, 3-9 and 4-8; Playground and Recreation Commis- sion of 3-8 and 4-12; Transit Board of 4-8, presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS/SUITS: Kristy Atlendorf in unknown amount for personal injuries, Monica L. Schulte in amount of $242.98 for car damages; Cletus Koos et al vs. City of Dubuque et al in amount of $2,300,000 for personal injuries; Dubuque Sav- ings and Loan vs. City of Dubuque et al with specific claim in amount of $130 plus court costs; Dubuque Sav- ings & Loan vs. City of Dubuque et al with specific claim in the amount of $3,785, presented and read. Council Member Klauer moved that the claims and suits be referred to the Corporation Counsel for investigation and report. Communication of Corporation Counsel recommending denial of pro- perty damage claim of Rob Kluga, presented and read. Council Member Klauer moved that the communication be received and filed and denial approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Tom Smith, 350 Winona, questioned why past Council as po]icy makers with the location of the bridge are not now answerable to our possible pen- ding traffic problems. Ralph Baumhover, 1209 Garfield, questioned manner in which stop signs at Fengler/Garfield intersection were abruptly changed without adequate Special Session, April 26, 1982 warning. There being no furt.her business, Counc 1 Member Klaqer moved to ad- journ. Seconded by Council Member Beurskens. 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 151 Regular Session, May 3, 1982 152 CITY COUNCIL OFFICIAL Regular Session, May 3, 1982. Council met at 7:30 p.m., Council Chambers. City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cot- potation Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this meeting is the Regular Monthly Meeting of the Coun- cil called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Wm. Kunsch of St. Patrick's Church. PROCLAMATIONS: May 16-22 as "Insurance Women's Week"; Week beginning May 9th as "Small Business Week"; May 16th as "Dubuque Day of Prayer" received by Jim Thlll. Council Member Klauer moved thai the rules be suspended to let anyone present address the Council if they so desire. Seconded by Council Member Beurskens. Carried by the following 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 consider amending the Ur- ban Renewal Plan for the Downtown Urban Renewal Project, 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, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Communication of Planning and Zoning Commission recommending ap- proval to amend the Urban Renewal Plan, presented and read. Council Mexnber 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. Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Phll Wulfekuhle, as President of the Dubuque Board of Realtors, stated their organization is pleased to have the City accept the proposal submit- ted by RIK, and offering their help if needed. RESOLUTION NO. 107-82 A Resolution Amending the Urban Renewal Plan for the Downtown Ur- ban Renewal Project, Iowa R~15, to Allow the City of Dubuque to Con- sider Proposals for Acquisition and Disposition of Properties for Private Rehabilitation. WHEREAS, on May 18, 1967, the City Council of the City of Dubuque, Iowa, after public hearing, duly adopted an Urban Renewal Plan for the Downtown Urban Renewal Area Project, Iowa R-15 (herein called the "Project"); and WHEREAS, the City of Dubuque as the Local Public Agency, is carrying out the Project in conformance with the approve Urban Renewal Plan; and WHEREAS, it is proposed that the City of Dubuque amend the Urban Renewal Plan to allow it to consider proposals for acquisition and disposi- tion of properties for private rehabilitation within the urban renewal area; and WHEREAS, the Planning and Zon- ing Commission on April 21, 1982 con- sidered a proposed amendment to the Urban Renewal Plan and determined that said amendment conforms to the purposes of the Urban Renewal Plan and the general plan for the develop- ment of the City of Dubuque, Iowa; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15, be amend- ed as follows: 1. By adding a new paragraph to B.$.b. thereof, to wit: "(3) Acquisition and disposition of buildings for private rehabilitation in accordance with the objectives of this