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1982 May Council ProceedingsSpecial Session, April 26, 1982 warning. There being no further business, Council Member Klauer ~noved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] 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 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, Cor- poration Counsel Harley F, Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this meeting is the Regular Monthly Meeting of the 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 Thill. Council Member Klauer ~noved 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 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 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 hy Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Eeurskens, 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 Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following 152 vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Phil 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. 3. b. thereof, to wit: "(3) Acquisition and disposition of buildings for private rehabilitation in accordance with the objectives of this Regular Session, May 3, 1982 Urban Renewal Plan and such condi- tions as may be determined by the Local Public Agency." 2. By adding a new subparagraph to D.l.a. thereof, to wit: "(5) For disposition for private rehabilitation in accordance with the objectives of this Urban Renewal Plan and such conditions as may be dete~ mined by the Local Public Agency," 3. By amending the Land Acquisi- tion Plan Map, Exhibit R-213-D1 thereof, to include Parcel 6, Block 2 within Parcels To Be Acquired, as depicted on Exhibit A, attached hereto. Section 2. That the City Clerk of the City of Dubuque, Iowa, be and is hereby directed to file a certified copy of this Resolution in the Office of the Dubuque County Recorder. Passed, adopted and approved this 3rd day of May, 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, Klauer, Khiesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Communication of City Manager questing authorization to begin necessary preliminary actions to enable City to acquire the Security Building Property, presented and read. Council Member Klauer moved that the commudication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Klu~sner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. RESOLUTION NO. 108-82 A Resolution Directing the City Manager to. Initiate Certain Pro- ceedings Relating to Acquisition of Property in the Urban Renewal Pro- ject Area. WHEREAS, the City of Dubuque, Iowa has designated an Urban Renewal Project, Iowa R-15, and is developing said project according to an approved Urban Renewal Plan, as ~mended; and, WHEREAS, said Plan provides for acquisition of certain property for the purpose of disposition for private rehabilitation; and, WHEREAS, it is now appropriate that certain proceedings be initiated pursuant to said Plan; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Manager be and he is hereby authorized and directed to contract for appraisal se~ vices for the determination of the fair market value for the acquisition of pro- perry described as City Lot 29, City Lot 30, the South Vs of City Lot 31, and the Lot 1 of 2 of 2 and Lot I of 2 of 1, both of City Lot 170 and the East 43 feet of City Lot 171 and the North 2' of the East 43' of City Lot 172, all in t. he City of Dubuque, Iowa, and inclu&ng an appraisal of the fair market value for disposition purposes for private rehabilitation, according to the Urban Renewal Plan, as amended. Section 2. That the City Manager and Corporation Counsel be and they are hereby authorized and directed to prepare an Option Agreement for the purchase of the aforesaid property, for a price to be established through the appraisal process, and in a form ap- propriate to the activities con- templated in the Urban Renewal Plan, as amended, and to return said Option Agreement to the City Council for its review and for such further pro- ceedings as it may direct. Passed, adopted and approved this 3rd day of May, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Klauer, Khiesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Proof of publication, certified to by Regular Session, May 3, 1982 154 the Publisher, of Notice of Public Hearing to consider entering into a Lease Agreement with the Dubuque Arboretum Association for properties located in Marshall Park, presented and read. There were no written objections received. Gene Heinemann showed the plans that were intended for the Arboretum. 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, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 109-82 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion, published on April 23, 1982 in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa met on the 3rd day of May, 1982 in the City Council Chambers in the City Hall, Dubuque, Iowa at 7:30 o'clock P.M. (CDT) to consider the proposal of entering into a Lease Agreement by and between the CITY OF DUBU- QUE, IOWA, as Lessor, and DUBU- QUE ARBORETUM ASSOCIA- TION, a non-profit corporation of Iowa, as Lessee, covering city owned real estate described as: The N.W. ~A - S.E. ¼ - S.W. ¼; and the N. 660' - E. 420' - S.W. ¼ - S.W. ¼ all in Sec. 10 - T89N - R2E - 5 P.M. located in Marshall Park situated in Dubuque County, Iowa, a copy of which is attached hereto, and by reference made a part hereof as though fully set out herein; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to grant said Lease Agreement under the terms and condi- tions of said Lease Agreement set out therein; NOW, THEREFORE, BE IT RE- SOLVED BYTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal to enter into a Lease Agreetnent by and bet- ween the CITY OF DUBUQUE, IOWA, as Lessor, and DUBUQUE ARBORETUM ASSOCIATION a non-profit corporation of the State of Iowa, as Lessor, covering the hereinabove described real estate be ~nd the same is hereby approved under the terms and conditions of sald Lease Agreement, a copy of which is hereto attached and made a part hereof by Section 2. That the Mayor and City Cierk be and they are hereby authoriz- ed and directed to execute said Lease Agreement for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and she is hereby directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder and the office of the City Assessor. Passed, adopted and approved this 3rd day of May, 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. Communication of Planning and Zoning recommending Zoning Map amendments for the 1979 annexa- ion area known as the North Sector and various adjacent prqperties (Olympic Heights Road, Hw~ 52 and Peru Road area), presented and read. Council Member Klauer moved that the commupication 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. An ORDINANCE to Amend the Zoning Map with regard to properties in the North Sector of the Territory in- voluntarily annexed to the City of Dubuque, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. 155 Regular Session, May 3,1982 Council Member Beurskens moved IPetiti°n of Cable Car Square that the rule requiring an Ordinance to I Association requesting the City Coun- be presented and read at two meetings cil permit the association members to prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on June 7, 1982 at 7:30 p.m. in the Council Chambers at City Hall and that the City Clerk be instructed to publish notice of the Hearing in the manner prescribed by law. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--None. An ORDINANCE Amending Zon- ing Map with regard to properties ad- jacent to the North Sector in the City of Dubuque, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Member Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- bers Deich, Hammel. Council Member Beurskens moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Beurskens Klauer. Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- bers Delch. Hammel. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on June 7, 1982, at 7:30 p.m. in the Council Chambers at City Hall and that the City Clerk be in- structed to publish notice of the Hear- ing in the manner prescribed by law. Seconded by Council Member Klauer. Carried by the followlng vote: Yeas--Council Members Beurskens, Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- bets Deich, Hammel. use flags on the buildings of the members as a means of identification and beautification of businesses located in the Fourth and Bluff Street Area, presented and read. Mary Love, as President of the Cable Car Square Assn., stated that their organization wanted to make their area unique and to draw atten- tion to it, stressing that the flags would be well-made, whether or not they decided on their own design or considered the "Five Flags" theme. Council Member Kronfeldt moved that the petition be received and filed and the matter submitted to the P & Z Commission for OR-1 Zoning in the 4th Street historical district and to come back with a solution as soon as possible. Seconded by Council Member Beurskens. Carried by the following Yeas--Council Members Beurskens, Deich, Hammel, Kronfeldt. Nays--Mayor Brady, Council Mem- bets Klauer, Kluesner. Petition containing 261 signatures requesting Council and Park Board abandon attempts to penalize citizens by prohibiting beer drinking in Dubu- que Parks, presented and read. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Bear- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. Communication of City Manager submitting Ordinance amending cer- tain Sections of Chapter 27 relating to park]recreational facitlites, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 23-82 AN ORDINANCE AMENDING CODE OF ORDINANCES BY RE- PEALING CERTAIN SECTIONS OF CHAPTER 27 AND ENACTING NEW SECTIONS IN LIEU THEREOF PROVIDING FOR THE Regular Session, May 3, 1982 156 PROHIBITION OF ALCOHOLIC LI- QUORS AND BEER IN PARKS, OPEN SEASONS AND HOURS FOR PARKS AND THE PROHIBITION OF BICYCLES AND MOTOR- DRIVEN VEHICLES IN PARKS, presented and read. Council Member Beurskens moved that the reading just had be con- sidered tha first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance 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, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 23-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IoWA BY REPEALING SECTION 27-37, SECTION 27-62 AND DIVISIONS 5 AND 6 COMPRISED OF SEC- TIONS 101, 102, 106 AND 107 THEREOF AND ENACTING A NEW SECTION 27-37, SECTION 27-62 AND SECTION 27-96 IN LIEU THEREOF PROVIDING FOR THE PROHIBITION OF ALCOHOLIC LIQUORS AND BEER IN PARKS, OPEN SEA- SONS AND HOURS FOR PARKS AND THE PROHIBITION OF BICYCLES AND MOTOR-DRIVEN VEHICLES 1N PARKS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repeal/ng Section 27-37 thereof and enacting a new Section 27- 37 in lieu thereof as follows: "Sec. 27-37. Intoxicating beverages. (a) The consumption or use of alco- holic liquors or wine as defined by Chapter 123 of the Code of Iowa or any type of wine product is prohibited in any public park or park and recre- ation facility including park roadways and parking lots. (b) The consumption of beer on any park roadway or parking lot or in cars is prohibited at all times. (c) Where the use or consumption of beer is permitted, no beer in contain- ers commonly referred to as "keg beer" shall be permitted at any fime. (d) The consumption or use of beer is prohibited in the following named parks: Jackson Park; Grant Park; Washing- ton Park; Burden Playground; Madi- son Park; Allison-Henderson Park; Jefferson Park; Hilltop Playground; Booth Tennis Court; Mans Conser- vation Park; Oakwood Park; Falk Playground; E, B. Lyons Prairie / Woodland Preserve; Flat Iron Park; Peter Cooper Playground; Municipal Pool; Comiskey Field; Gay Play- ground; Avon Park; Caledonia Play- ground; Waller-Cooper Tot Lot; Cleveland Park; University Park; Valley High Playground; Hillcrest Tot Lot" Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Section 27-62 thereof and enacting a new Section 27- 62 in lieu thereof as follows: "Sec. 27-62. Open season and hours generally. (a) The open season or hours for parks and park and recreation facilities shall be establislled by the Park Board, sub- ject to the concurrence of the City Council, (b) During the period of time other than the regular open park season, no person shall enter or remain in any park or park and recreation facility. (c) During the period of time other than the regular open park season, the Park Board ~nay designate the hours for specific parks to be open for vehic- ular traffic. (d) The City Manager or authorized representative shall have the authority to close any or all parks, park and rec- reation facilities, park roadways and park parking lots before scheduled closing hours at times it is deemed nec- essary in the interest and safety of the public." Section 3, That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by repealing Divisions 5 and 6 comprised of Sections 101, 102, 106 and 107 thereof and enacting a new Section 27-96 in lieu thereof as fol- lows: "Sec. 27-96. Bicycles, motorcycles, etc. The use of bicycles, motorcycles, motor scooters, go-carts, cars, trucks and other motor-driven vehicles other than those vehicles engaged in authorized park maintenance and Regular Session, May 3, 1982 security in any park or park or recre- ation facility may be prohibited by the Park Board." PASSED, APPROVED AND ADOPTED this 3rd day of May, 1982. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 7th day of May 1982. Mary A, Davis City Clerk It 5/7 Council Member Beurskens moved final adoption of the Ordinance, as amended. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that the Park Board Resolution be ap- proved, said Resolution attached to Ordinance No. 23-82. Seconded by Council Member Klauer. Carried by the foliowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer. Khiesner, Kronfeldt. Nays--None. Communication of City Manager re- questing approval for emergency replacement of a service truck for the Transit Dept., presented and read. Council Member Khiesner moved that the communication be received and filed and request 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. Communication of Planning and Zoning Commission yecommending ap- proval of final plat of "Key City In- vestment Co. Place" located east of Wacker Drive and south of John F. Kennedy Road, 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, FAauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 11{~82 Resolution Approving Plat of Lot 1 and Lot 2 of "Key City Investment Co. Place" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of Lot 1 and Lot 2 of "Key City Investment Co. Place" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and they find that the sa~e confor~ns to the statutes and or- dinances relating thereto, except that Lot 2 lacks frontage on a public street; and WHEREAS, the City Planning and Zoning Commission also finds that said plat subdivides a portion of the property included in a preliminary development plan approved in accor- dance with the Zoning Ordinance of the City of Dubuque, Iowa, which plan approval was conditioned among other things upon the dedication of addi- tional right-of-way for Wacker Drive at such time as the third phase of said plan was submitted for final approval; and WHEREAS, said plat has been ap- proved by the City Planning and Zon- ing Commission on the condition that the property owner acknowedge that Lot 2 will only be developed in con- junction with another lot which has street frontage, and that additional right-of-way for Wacker Drive be dedicated upon submission of Phase III final development plans for Key City Investment Company Planned Unit Development; and WHEREAS, Said plat has been ex- amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- curs in the condition of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the above-described plat be and the same is hereby approv- ed and the Mayor and Clerk be and are hereby authorized and directed to en- dorse the approval of the City of Dubu- Regular Session, May 3, 1982 158 quo upon said plat, provided that the owner of said property shall execute a written acceptance hereto attached, acknowledging and agreeing: a) That Lot 2 will only be developed in conjunction with another lot which has street frontage; and b) That in accordance with the condi- tionally approved preliminary develop- ment plan for the property additional right-of-way for Wacker Drive will be dedicated from Lot 1 upon submission of Phase III final development plans for Key City Investmant Company Planned Unit Development. Section 2. That in the event the owner fails to execute the Acceptance provided for in Section 1 herein within forty-five (45) days after the date of this Resolatio.~ the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, adopted and approved this 3rd day of May, 1982. James E. Brady 'Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 110-82 We, the undersigned Koy City In- vestment Co. having read the terms and conditions of the foregoing Resolution No. 110-82 and being familiar with the condition thereof, hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa this 12th day of May, 1982, KEY CITY INVESTMENT CO, By: N. J. Yiannias, President By: Christine Yianniae, Secretary Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Klauer, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beurekene, Deich, Hammsl, Klauer, Kluesner, Krenfeldt, Nays--None. Communication of P & Z submitting report on Council referral relative to rezoning request of Don's Transmis- sion Services, presented and rand, Council Member Klucsner moved that the communication be received and filed. Seconded by Council Member Beurekens, Carried by the following-'/ots: Yeas--Mayor ~]rady, Council Mem- bors Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Klauer moved to grant L-I Industrial Zoning. Seconded by Council Member Hammel. Vote on the motion was as follows: Yeas--Mayor Brady, CounciI Mem- bers Beurskens, Deich, Hammel, Klauer. Nays--Council Members Kluesner, Kronfeldt. MOTION FAILED FOR LACK OF A THREE-FOURTHS VOTE. Council Member Kronfeldt moved that this matter be submitted to Legal, P & Z, and Staff to prepare an Amendment to the Zoning Ordinance to address itself to non-conforming uses, and the way in which non- conforming areas can be improved. Seconded by Council Member Deicb. Carried by the following vote: Yeas--Council Members Beurskens, Deich, Hammel, Kronfeldt. Nays--Mayor Brady, Council Mem- bers Klauer, Kluesner. Communication of City Manager submitting an Ordinance relative to meetings for the Transit Board, 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. ORDINANCE NO. 24-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ENAC- TING A NEW SECTION 38-75(a) OF DIVISION 2 OF ARTICLE III PRO- VIDING FOR MEETINGS FOR THE TRANSIT BOARD, presented and Council Member Deich moved that thc reading just had be considered the first reading of the Ordinance. Second- ed 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 Delch moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Klauer. Carried by the following vote: 159 Regular Session, May 3, 1982 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 24-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMEND- ING THE CODE OF ORDI- NANCES OF THE CITY OF BUBUQUE, IOWA BY I)ELETING SECTION 38-75(a) OF DIVISION 2 OF ARTICLE III OF CttAPTER 38 THEREOF AND ENACTING A NEW SECTION 38-75(a) TO DIVI- SION 2 OF ABT1CI, E III OF CHAPTER 38 IN LIEU TItEREOF TO PROVIDE FOR MEETINGS FOR THE TRANSIT ACTHORITY OF TttE CITY OF DUBUQUE, IOWA. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBCQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be and the same is hereby amended by deleting Section 38-75(a) to Division 2 of Article III of Chapter 38 in lieu tt~ereof to read as follows: "CHAPTER 38 ARTICLE Ill. DIVISION 2. TRANSIT AUTHORITY Sec. 38-75(a) Thc transit authority shall meet not leKq than bimonthly on a regularly scheduled day." PASSED, APPROVED AND ADOPTED this 3rd day of May, 1982. James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 7th day of May 1982. Mary A. Davis It 5/7 City Clerk Council Member Deich moved fina adoption* of the Ordinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel Klauer, Kluesne~', Kronfeldt. Nays--None. Communication o~ Council Member Hummel requesting approval of an Agreement with Chamber of Com- merce for Economic Development Ser- vices, presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Mem- ber Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Allen Carew, as Pres. of the Chamber of Commerce, stated that their organization does its best to meet the expectations, and welcomes xiticism and comments. RESOLUTION NO. 111-82 A Resolution Approving an Agree- ment for Economic Development Ser- vices with the Dubuque Area Chamber of Commerce WHEREAS, the City Council of the City of Dubuque, ~owa desires to maintain an economically viable com- munity by encouraging private sector development which produces jobs for the unemployed and expands job op- portunities for persons of low and moderate income; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that a program of economic develop- ment research and the promotion of economic development opportunities through the provision of services to local business and industry and through the recruitment of new firms to the Dubuque labor market is a necessary element in a program of economic enhancement; and WHEREAS, the Dubuque Area Chamber of Commerce has established an Economic Development Depart- ment, and has obtained funds for the support of the objectives and ac- tivities noted above, and has offered assistance to the City of Dubuque, Iowa in carrying-out a program of such activities; and WHEREAS, the Dubuque Area Chamber of Commerce have proposed to enter into an Agreement for the pro- vision of economic development ser- vices hereto attached and marked Ex- hibit "A"; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement for Economic Development Services, hereto attached and marked Exhibit "A"is hereby approved and the Mayor and City Clerk are hereby authorized Regular Session, May 3, 1982 160 and directed to endorse such approval of the City of Dubuque, Iowa upon said Agreement. Section 2. That tke City Manager be and he is hereby authorized to make such payments to the Dubuque Area Ckamber of Commerce as are provided for in the aforesaid Agreement, in an amount not to exceed $25,000, from Community Development Block Grant funds as provided for in the FY '83 budget, according to the terms and conditions for payment set forth in said Agreement, and to direct and undertake such other activities as may be specified therein. Passed, adopted and approved this 3rd day of May, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member HIammel moved adoption of the Resolution and ap- proval of the Agreement, as amended. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Me~n- bers Beurskens, Deich, Hammel, Klauer. Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 112-82 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. Do Sac Inc. dlb/a Molly Maguires 206 West 3rd Street Tri-State Independent Blind Society 1098 Jackson Street Passed, adopted and approved this 3rd day of May. 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 th~ following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, KronfeIdt. Nays--None. RESOLUTION NO. 113-82 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 ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Evening Optimist Club of Dubuque McAleece Recreation Area (Also Sunday Sales) CLASS "C" BEER PERMIT Walgreen Co. 555 J.F.K. Rd. (Also Sunday Sales) Nash Finch Company J.F.K. Rd. (Sunday Sales Only) Passed, adopted and approved this 3rd day of May, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer. Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 114-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. 161 Regular Session, May 3, 1982 CLASS "C" (COMMERCIALI BEER AND LIQUOR LIDENSE Judith Ann Schiai 342 Main St. (Also Sunday Sales) Jerry Turner * J & RC Inc. 431 Rhomberg Ave. Kathleen M. Waish 2093 Washington Passed, adopted and approved this 3rd day of May, 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. Petition of Jaycees requesting to transfer Beer Permit from 1023¥~ Main St. to 2900 Dodge St. on May 22 and 23, 1982, presented and read. Council Member Daich moved that the transfer be approved. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayar Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Cable Regulatory Commission of 4-14; Hous- ing Commission of 4-21; Park Board of 4-22; Plumbing Board of 4-22; Plann- lng and Zoning Commission of 4-14 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- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proofs of publication of Notice to release funds of Fiscal Year 1983 Block Grant Funds for the lIth St. Roadway Improvements; and Notices of Findings of No Significant Effect on the Environment for various projects, presented and read. Council Member Daich moved that the proofs of publication 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. Communications of Civil Aeronautics Board submitting an Order extending requirement to pro- vide Essential Air Transportation by Ozark Air Lines to Fort Dodge and Mason City for an additional thirty day period; and submitting an Order to show cause for fitness determina- tion of American Central Airlines, Inc. to provide essential air service at specified points, presented and read. Council Member Deich moved that the communications 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. 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 _ .1982 Mayor Council Members ATTEST: City Clerk Special Session, May17,1982 162 CITY COUNCIL OFFICIAL Special Session, May 17, 1982. Council Met at 7:30 P.M. Public Library Auditorium. Present--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. Absent--Mayor Brady. Mayor Pro-Tern Klauer read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct Hear- ings on the suspension or revocation of Class "C" Beer Permits and acting upon such other business which may properly come before the Council. Invocation was given by Rev. Margaret Wendell of Grandview Ave. United Methodist Church. PROCLAMATIONS: Recognizing the Dubuque Island X-1 Seabee Veterans of America, received by John Schublin; May 20-23, 1982 "DubuqueFest Days" received by Jim Ryan; May 16-22, 1982 "Transporta- tion Week" received by Al Tornblom; May 23, 1982 "Dubuque Rescue Mis- sion Day" received by Jack Harley. Brian Southwood of the Dubuque Jaycees presented the monthly "Eddy Award" to Community Development Director Daniel D. Dittemore. 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 vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communications of Security Building Partnership submitting a Proposal for the acquisition and redevelopment of the Security Building, presented and read. Ken Haynie, Bonding Counsel from Des Mdines, clarified various aspects of the proposed tax increment bonding relative to the Security Building pro- perty. Let the record show that Council Member Hammel advised his past voting record and future voting record will show him to abstain from voting on the Security Building Project due to the fact that the company he is employed by has been awarded a con- tract to do a portion of the renovation work. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Absent--Mayor Brady. Communication of City Manager submitting completed property ap- praisals, Option Agreement, and Disposition Documents related to the Security Building Project, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the fdilow- lng vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich. Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Absent--Mayor Brady. RESOLUTION NO. 115-82 A Resolution Authorizing Acceptance of an Option Agreement for Purchase of Certain Property in Furtherance of the Downtown Urban Renewal Plan, as Amended. WHEREAS, Resolution No. 107-82 was adopted, after public hearing, and provided for an amendment to the Ur- ban Renewal Plan for ~he Dubuque Downtown Urban Renewal Project, Iowa R-15; and, WHEREAS, the foregoing amend- ment provided for acquisition of cer- rain real estate, including the real estate hereinafter described; and, WHEREAS, Resolution No. 108-82 directed that the fab' market value for acquisition of the real estate hereinafter descFlbed be determined through appraisal, and that an Option Agreement for the purchase of said property be prepared; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 163 IOWA: Section 1. That the appraiser's opi- nion of fair market value for acquisi- Hon of the following described real estate, as hereto attached, and marked "Exhibit A", declared to be the fair market value of said real estate, to wit; Legal Description City Lot29, City Lot30, the South ~ of City Lot 31, Lot I of 2 of 2 and Lot 1 of 2 of i both of City Lot 170 and the East 43 feet of City Lot 171, and the North 2 feet of the East 43 feet of City Lot 172, all in the City of Dubuque, Iowa, and being generally known as the "Security Building", Fair Market Value per Appraisal $750,000, as per date of May 10, 1982. Section 2. That the Option Agree- ment, as offered and executed by z~IK, Inc., a Wisconsin corporation, and dated May 13, 1982, as hereto attached and marked "Exhibit B', be and the same is hereby accepted, and the Mayor and City Clerh are authorized and directed to endorse thereon such acceptance on behalf of the City of Dubuque, Iowv, Section 3. That the exercise of the foregoing Option Agreement by the City of Dubuque shall be according to the direction of the City Council of the City of Dubuque, as it may hereafter so determine. Passed, adopted and approved this 17th day of May, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by' Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer Council Members Beurskens, Deich, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Absent--Mayor Brady. RESOLUTION NO. 116-82 Resolution 7(1) Approving the Minimum Requirements, Competitive Criteria, Offering Documents and Pro- cedures for Disposition of the Security Building Property; (2) Determining that the Proposal Submitted by Security Building Partnership Satisfies the Offering Requirements and Declaring the Intent of the City to Enter into the Contract for Sale of Special Session, May 17, 1982 Land for Private Development By and Between the City and Security Building Partnership in the Event that no Competing Proposals are Sub- mitted; and (3) Soliciting Competing Proposals. WHEREAS, the City of Dubuque, Iowa, did on May 18, 1967, adopt an Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15 (the "Plan"); and WHEREAS, such Plan has provided for amendments from time to time to permit the City to respond to develop- ment opportunities as and when they ~night appear; and WHEREAS, such Plan was amend- ed by Resolution No, 107-82 dated May 3, 1982 (Fourth Amendment), to include acquisition and disposition of ~roperties for private rehabilitation as a proposed renewal action and to in- clude Parcel 6. Block 2 consisting generally of the Security Building and site within Parcels To Be Acquired as shown on the Land Acquisition Plan Map, Exhibit R-213-D1; and WHEREAS, Security Building Partnership (the "Redevleoper") responded to the circumstances above described by submitting to the City a specific proposal for acquisition of the Security Building for rehabilitation of the property, together with a request that this property be made available for disposition as rapidly as possible; and WHEREAS, in order to establish reasonably competitive bidding pro- cedures for the disposition of the pro- )erty in accordance with the statutory requirements of Chapter 403, Code of Iowa, 1981 and particularly Section 403.8, and to assure that the City ex- tends a full and fair opportunity to all redevelopers interested in submitting a proposal, a summary of submission requirements and minimum re- quirements and competitive criteria for the Security Building Offering has been prepared and is attached hereto as Exhibit A and by this reference is made a part hereof, which sets out the minimum requirements each proposal must satisfy in order to qualify for consideration with respect to the com- petitive criteria, the information and documents which must be submitted, and the schedule for submission and competitive bid-off procedures; and Special Session, May 17, 1982 164 WHEREAS, said Security Building Partnership has submitted a detailed, signed proposal, and has executed and tendered the contract for purchase of land for private redevelopment with the City, attached hereto as Exhibit B, which proposes a retail and office development on this property; and WHEREAS, to both recognize the firm proposal for the disposition of the property already received by the City, as above described, and to give full and fair opportunity for other redevelopers interested in submitting a proposal for rehabilitation of the pro- perty, this Council should by this Resolution: 1. Approve the Appraisal of the Pro- perty (Exhibit D) and set the fair market value of the parcel for uses in accordance with the Urban Renewal Plan as amended. 2. Approve the information and in- structions for the submission of proposals for the purchase and rehabilitation of the property and the minimmn requirements and the competitive criteria (Exhibit Al. 3. Approve the Security Building Partnership Proposal (Exhibit B) 4. Approve the Deed by and between the City and the Redeveloper (Exhibit E) as to form. 5. Set a date for receipt of competing proposals and the opening thereof; establish a procedure for each proponent to better its pro- posal and set a cut-off time for such modification; and provide for review of such proposals with recommendations to this Council in accordance with established 6.Declare that the proposal submit- ted by Security Building Partner- ship satisfies the requirements of the offering, and that in the event no other qualified proposal is timely submitted that the City in tends to accept such proposal and enter into the Contract (Exhibit C) and direct publication of notice of said intent. 7.Approve and direct publication of a notice to advise any would-be competitors of the opportunity to compete for purchase of the pro- perty for rehabilitation on the terms and conditions set out above. 8.Declare that in the event another qualified proposal is timely sub- mitred, another and further notice will be published of the intent of the City to enter into the resulting contract, as required by law. and; WHEitEAS, this Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to offer this property for redevelopment as set out herein. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa: 1. That the following legally describ- ed property known as the Security Building property shall be offered for disposition for rehabilitation in accor- dance with the terms and conditions contained in this resolution, to wit: City Lot 29, City Lot 30, the South 1/~ of City Lot 31, and Lot 1 of 2 of 2 and Lot i of 2 of 1, both of City Lot 170 and the East 43' of City Lot 171 and the North 2' of the East 43' of City Lot 172, all in the City of Dubuque, Iowa. 2. That the appraisal of the property by Iowa Appraisal and Research Cor- poration (Exhibit D) is hereby ac- cepted and approved, and it is hereby determined that the disposition price of the property shall be the amount of $450,000 outright purchase of the pro- perty, which price is its fair value for use in accordance with the .Urban Renewal Plan. 3. That it is hereby determined that in order to qualify for consideration for selection, each developer must submit a proposal which meets these minimum requirements: a. is in the amount of the "fixed sales price"; b. is for substantial rehabilitation of the building at a construction cost not less than $2,000,000 including replacement of plumbing, mechanical and electrical systems, sealing and fill- lng of the vaulted sidewalks, and cot- rection of any conditions in violation of the City of Dubuque Building and Fire Codes; c. provides for the preservation of the building facade in accordance with plans certified by the United States Department of the Interior; d. includes a predominance of retail trade uses for occupancy of the first floor, or Main Street level; e. contains a preliminary construc- tion schedule which provides for com- 165 Special Session, May 17, 1982 mencement of construction within six months and completion within one year of the date of final approval of the proposal; f. includes a written commitment for permanent financing or similar demonstrative evidence of the finan- cial capacity to timely commence and complete the proposed rehabilitation activities; g. sets out the redeveloper's ex- perience in working with the public/ private redevelopment projects and with construction; h. sets out the experience of the principals and key staff who are direct- ly engaged in performance of contract obligations in carrying out projects of similar scale and character; and i. includes a statement of intent to enter into an agreement with the City binding the redeveloper, his suc- cessors and assigns to accept an assessed value placed upon the com- pleted project by the City Assessor without protest, challenge or objec- tions for that period of time necessary for the taxes paid on the property to equal the debt service for the con- templated Urban Renewal Tax Incre- ment ~onds; 4. That it is hereby determined that each proposal submitted which satisfies the minimum requirements, as determined by the City, shall be reviewed on the basis of the strength of such proposal as judged by the following competlvie criteria: a. Quality of the Proposed Development (1) The overall cost of the pro- ject by square foot and unit, ex- ~inding land value; :12) The types of materials shown for constructinn of the interior and exterior of the structure; and (3) The amenities included in the project. b. Architectural Design of the Proposed Development (1) The compatibility of the de- sign to the existing adjacent structures, vistas, pedestrian and vehicular activities and to the future development of the adjacent blocks; (2) The functional design of the site and functional design of the structures; (3) The aesthetic quality of the development; and (4) Preservation of desirable architectural features including the facade. c. Economic Feasibility of Propos- ed Developoment (1) The ability of the prespec- tire redeveloper to finance and com- plete the project as proposed; and (2) The economic return to the community provided by the proposed development. 5. That the proposal of Security Building Partnership to enter into an agreement with the City for a deed of the property is hereby approved as to form for the purposes hereinafter stated. 6. That the proposed contract for purchase of land for private redevelop- ment by and between the City and Security Building Partnership (Ex- hibit C) be and is hereby approved as to form for the purposes hereinafter stated. 7. That for the purpose of defining the offering of the property for rehabilitation, said contract shall be deemed to be illustrative of the terms acceptable to the City with respect to: a. Easements to be retained by the City. b. Special Provisions. c. Form of Deed. d. Time and place of delivery of deed. e. Recordation of the contract and deed. f. Performance assurances. g. Time for commencement and completion of improvements, except as provided below. h. Preparation of the property for redevelopment. i. Rights of access to the property. j. Construction plans; im- provements; certificate of completion. k. Prohibitions against assign- ment and transfer. 1. Remedies. m. All miscellaneous provisions. provided, however, that each com- peting proposal and contract shall be permitted: (1) To devise and report its own design for redevelopment so long as the minimum requirements set out in Exhibit A are met. (2) To provide for outright purchase. {3) To devise and report its own method and sources of financing, so long as such proposal is sufficient to assure financing of the project in a Special Session, May 17, 1982 166 (4) To allow taking possession of the property to be delayed for up to six (6) months after the execution of the contract. No other substantive deviations shall be permitted. 8. That the Proposal and Contract submitted by Security Building Part- ncr ship satisfy the requirements of the offering and, in the event that no other qualified proposals are timely submit- ted, that the City enter into said con- tract is hereby accepted and approved. 9. That it is hereby determined that Security Building Partnership possesses the qualifications, financial resources and legal ability necessary to acquire and redevelop the property in the manner proposed by this offer- lng and in accordance with the Urban Renewal Plan as amended to date. 10. That it is hereby determined that the disposition price for the property offered by Security Building Partner- ship is in the amount of the fair value thereof established by this Council hereinabove for uses in accordance with the Urban Renewal Plan. 11. That the City Clerk shall receive and retain for public examination the attached Proposal (Exhibit B) and Contract (Exhibit C) for rehabilitation of the property submitted by Security Building Partnership and, in the event no other qualified proposals are timely submitted, shall resubmit the same to this Council for final approval and ex- ecution upon expiration of the notice period hereinafter prescribed. 12. That the action of this Council be considered to be and does hereby con- stitute notice to all concerned of the in- tention of this Council, in the event that no other qualified proposals are timely submitted, to accept the Pro- posal of Security Building Partnership to acquire and rehabilitate the proper- ty and to enter into the Contract for Redevelopment by and between the City and Security Building Partner- 13. That the Official Notice of this offering and of the intent of the City, in the event no other qualified pro- posals are timely submitted, to enter into the Contract for Redevelopment by and between the City and Security Building Partnership, shall be a true copy of this resolution, but without the attachments referred to herein. 14. That the City Clerk is authorized and directed to secure immediate publication of said Official Notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publication of the text of this resolution on or before the nine- teenth day of May, 1982. 15. That written proposals for the sale and rehabilitation of the property will be received by the Director of the Department of Community Develop- ment or his designated staff member at or before 9:30 a.m., June 21, 1982. Said proposals will be received in the Department of Community Develop- ment Office, located on the second floor at City Hall, Dubuque, Iowa 52001. Each proposal will be then publicly opened at the hour of 10:00 a.m. in the Council Chambers, City Hall, Dubuque, Iowa on June 21, 1982. Said proposals will then be presented to the City Council on at 7:30 p.m. June 21, 1982, at a meeting to be held in the Auditorium of the Carnegie- Stout Pablic Library, Dubuque, Iowa. 16. That such offering shall be in substantial conformance with the pro- visions of Section 403.8(2), Cede of Iowa, 1981, requiring "reasonable competitive bidding procedures" as same are herein prescribed which method is hereby determined to be the appropriate method for making the property available for rehabilitation. 17. That the required documents for the submission of a proposal shall 1Se in substantial conformity with the provi- sions of this Resolution and shall in- clude those forms and documents listed in the Information and Instruc- tions for submission of proposals (Ex- hiblt A). Each document shall be completely executed by the redeveloper in, all par- ticulars required by said documents in quadruplicate, except that the con- tract need only be submitted with two original executed counterparts and two duplicate copies. 18. That a meeting to clarify submis- sion procedures, to respond to developer questions, and to provide assistance in the formulation of pro- posals shall be held at 10:00 a.m., May 24, 1982, iht he office of the Director of the Department of Community Development, Dubuque, Iowa 52001. Any other inquiries must be made in writing prior to June 11, 1982 and will be responded to in writing. 19. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the property from the Director of the 167 Special Session, May 17, 1982 Department of Community Develop- ment or his designated staff member aL the date and according to the pro- cedure hereinabove specified for receipt of such proposals and to pro- ceed at such time to formally acknowledge receipt of each of such proposals by noting the receipt of same in the minutes of the Council; that the said Director of the Depart- ment of Community Development be and is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each pro- posal which satisfies these re- quirements, the Council shall judge the strength of the proposal by the competitive criteria established hereinabove. ,The Council shall then make the final evaluation and selection of the proposals. 20. That following receipt of com- peting proposals Security Building Partnership shall have until 9:00 a.m. on June 25, 1982 to amend its proposal in response and to deliver same to the Director of the Department of Com- munity Development. 21. That if, and only if, competing proposals are received and determined by the Council to meet the minimum requirements of this Resolution, and Security Building Partnership amends its proposal in response thereto, such Council shall forthwith schedule a meeting within four days after Jane 25, 1982, at which meeting there shall be a bid-off, each proposal against the other, seriatim starting with the se- cond proposal received until such time as each proponent for the sale of the property shall decline to improve its bid in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall not be in excess of three con- secutive hours on said date. The rules of such bid-off shall be as informally determined by the Council at or before such bid-off period and shall be ab- solute. 22. That in the event another qualified proposal is timely submitted, another and further notice shall be published of the intent of the City of Dubuque, Iowa to enter into the resulting contract, as required by law. Passed and approved this 17th day of May, 1982. John P. Klauer Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved to adopt the Resolution, as amended by striking the words "at no less than $2,200.00" in subsection "i" of Part 3 located on Page 5 of the original Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Kluesner. Kronfeldt. Nays--None. Abstain--Council Member Hammel. Absent--Mayor Brady. Communication of City Manager submitting documents concerning the establishment of an Urban Renewal Tax Increment Digtrict and the sale of Tax Increment Bonds, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Absent--Mayor Brady. An ORDINANCE Providing that General Property taxes levied and col- lected each year on all property located within the Downtown Dubu- que Urban Renewal Project Area in the City of Dubuque, County of Dubu- que, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubu- que Community School District, and other taxing districts, be paid to a special fund for payment on principal and interest on loans, monies advanc- ed to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Redevelopment Pro- ject, presented and read. Council Member Kronfeldt moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Absent--Mayor Brady. Special Session, May 17, 1982 168 RESOLUTION NO. 117-82 Resolution Fixing Date for a Meeting on the Proposition of Issuing Not to Exceed $360,000 Urban Renewal Tax Increment Revenue Bonds, and Pro- viding for Publication of Notice Thereof WHEREAS, it is deemed necessary and advisable that the City of Dubu- que, Iowa, consider the issuing of Ur- ban Renewal Tax Increment Revenue Bonds, in an amount not to exceed $360,000, as authorized by Section 403.9 of the Code of Iowa. for the pur- pose of providing funds to pay costs of carrying out the Downtown Dubuque Urban Renewal Project, Iowa R-15, in accordance with the plan thereof, in- clu~ting without limitation the acquisi- tion of real estate; and WHEREAS, neither Chapter 403 nor any other Code provision sets forth any procedural action required to be taken before said Bonds may be issued, and pursuant to Section 364.6 of the Code of Iowa, it is determined that the procedure specified in Code Section 384.25 shall apply and it is deemed sufficient that the action hereinafter described be taken and the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That commitments for the purchase of said Bonds have been heretofore received. Section 2. That this Council meet in the Auditorium at the Public Library at Dubuque, Iowa, at 7:30 o'clock p. m., on the 21st day of Juae, 1982, for the purpose of taking action on the matter of issuing not to ~x_~eed $360,000 of U~ ban Renewal Tax Increment Revenue Bonds, the proceeds of which will be used to provide funds to pay costs of carrying out the Downtown Dubuque Urban Renewal Project, lowa R-15, in accordance with the plan therkof, in- cluding without limitation the acquisi- t~on of real estate, consisting primarily of the Security Building. Section 3~ That the Clerk is hereby directed to cause at least one publica- tion to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four nor more than twenty clear days before the date of said public meeting. Section 4. That notice of the propos- ed action shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA, ON THE MATTER OF THE PROPOSITION OF ISSUING NOT TO EXCEED $360,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS, AND THE HEARING ON THE ~°ROPOSAL THEREOF. PUBLIC NOTICE is hereby given that the Council of the City of Dubu- que, Iowa, will hold a public hearing on the 21st day of June, 1982, at 7:30 o'clock p.m., in the Auditorium at the Public Library, in Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $360,000 Urban Renewal Tax Increment Revenue Bonds pursuant to Iowa Code Section 403.9, in order to provide funds to pay costs of carrying out the Downtown Dubuque Urban Renewal Project, Iowa R-15, in accordance with the plan thereof, including without limitation the aequisitlon of real estate, eon- slsting primarily of the Security Building. At the above meeting the Council of said City shall receive oral or written objeetions from any resident or prope~ ty owner of said City, to the above ac- tion. After all objeetions have been received and considered, the Couneil will at said meeting or thereafter take additional action for the making of the resolution authorizing said Bonds as proposed or as modified or will aban- don the proposal. By order of the Coun- cil said hearing and appeals therefrom shall be held in aeeordance with and governed by. the provisions of Section 384.25 of the Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 384.25 and 364.6 of the Code of Iowa. Code Section 384.25 shall govern this meeting and action taken thereat. Dated this 17th day of May, 1982. Mary A. Davis City Clerk (End of Notice) Passed and approved this 17th day of May, 1982. John P. Klauer Mayor Pro-Tem 169 Special Session, May 17, 1982 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 Pro-Tern Klauer, Council Members Beurskens, Deich, Kluesner, Kronfeldt. Nays--None. Abstain--Council Member Hammel. Absent--Mayor Brady. Communication of City Manager pertaining to permittoe violations of State and City Beer Laws, presented and read. Council Member Deich moved that the communications be received and filed. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, HammeL Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Proof of Delivery of Service in mat- ter of City of Dubuque, Iowa, vs. Leonard Oil Co. d/b/a Site Mini-Mart #389, 1387 Dodge St., presented and Council Member Deich moved that the proof be received and filed. Second- ed by Council Member Kronfeldt. Car- tied by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens. Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Hearing on suspension or revocation of Class "C" Beer Permit for above en- sued with no one specifically address- ing the Council on this matter. Council Member Hammel moved that Leonard Oil Co. d/hie Site Mini- Mart #389 be given a fourteen day suspension of their Class "C' Beer Permit. Seconded by Council Member Beurskens~ Carried by the following votei Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Proof of Delivery of Service in the matter of the City of Dubuque, Iowa vs. Ralph J. Grabow, d/b/a Oky Doky Store #14, 1050 University Ave., presented and read. Council Member Beurskens moved that the proof be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, HammeL Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of Jack Thompson, Pres, of Oky Doky Stores, submitting comments regarding selling beer to minors, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens. Deicb, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Hearing on the suspension or revocation of Class "C" Beer Permit for above ensued with Ralph Grabow, Thomas J. Carroll, Betty and Bob Beecber objecting strongly to any severe punishment for establishments already doing all they can to safeguard against this happening in the future, and also stressing serious impairment of the financial health of these places. Council Member Hammel moved that Ralph J. Grabow d/b/a Oky Doky Store #14 be given a fourteen day suspension of their Class "C" Beer Permit. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kronfeldt. Nays--Council Member Kluesner. Absent--Mayor Brady. Proof of Delivery of Service in mat- ter of the City of Dubuque, Iowa, vs. Vivian M. Heinz d/b/a Oky Doky #7, 3301 Pennsylvania Ave., presented and read. Council Member Beurskens moved that the proof be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Hearing on the suspension or revocation of Class "C" Beer Permit Special Session, May 17, 1982 170 for above ensued with Attorney R. Bertsch on behalf of Ms. Heinz objec- ting to any long-term suspension etc. of the beer permit as it would severely jeopardize the financial health of the establishment. Council Member Hammel moved that Vivian M. Heinz d/b/a Oky Doky Store #7 be given a nineteen day suspension (14 days for first offense, 5 days for second offense) to become ef- fective June 1st. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kronfeldt. Nays--Council Member Kluesner. Absent--Mayor Brady. Council Member Kronfeldt moved that the suspensions of the two previous Class "C" Beer Permit holders, namely the Site Mini-Mart and Ralph Grabow's Oky Doky become effective only after June 1st. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Proof of Delivery of Service in mat- ter of City of Dubuque, Iowa vs. Robert W. Wagner d/b/a Wagner's DX Station, 2600 Dodge St., presented and read, Council Member Kronfeldt moved that the proof be received and filed, Seconded by Council Member Beur- sknes. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Hearing on the suspension or revocation of the Class "C" Beer Per- mit for the above ensued with torney Wm. Conzett speaking on behalf of Robert Wagner, clarifying the fact there are only two convictions rather than three, and stressing each case should be treated separately. Council Member Hammel moved that Robert W. Wagner d/b/a Wagner's DX Station be given a nine- teen day suspension (14 days for the first offense, 5 days for the 2nd of- lense) of their Class "C' Beer Permit. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kronfeldt. Nays--Council Member Kluesner. Absent Mayor Brady. Council Member Beurskens moved that the above suspension become ef- fective June 1st or thereafter, Second- ed by Council Member Kluesner. Car- ried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Council Recessed at 9:25 p.m. Council Reconvened at 9:34 p.m. Proof of publication on Notice of Public Hearing on the State Transit Assistance Grant application for Keyline to be accomplished in FY 1983 in amount of $56,915, presented and read. There were no written objections received and no oral objectors present at the tim~ set for the Hearing. Council Member Hammel moved that the proof be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady, Proof of publication on Notice of Public Hearing designating as ar- chitecturally significant properties described as 371 and 373 Bluff St., presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Kronfeldt moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 118-82 A Resolution Designating as Architec- turally Significant the Properties Hereinafter Described, Pursuant to the Requirements of Appendix A of the Code of Ordinances. 171 Special Session, May 17, 1982 WHEREAS, the City Council has heretofore passed, adopted, a~d ap- proved an ordinance permitting struc- tures with historical or architectural significance to be used for certain low- intensity commercial uses; and WHEREAS, the City Council has received a request to designate the structures situated on the real estate hereinafter described as being chitecturally or historically significant for the purpose of the Zoning Or- dinance; and WHEREAS, the City Council has received and reviewed the comments of tim State Historic Preservation Of- ricer, the Dubuque Historic Preserva- tion Commission and the Dubuque County Historical Society regarding the historical and architectural significance of said structures; and WHEREAS, the City Council has held a public hearing for the purpose of hearing all interested parties and con- sidered all objections to the proposed designation; and WHEREAS. all interested parties have been given the opportunity to be heard. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structures located on the real estate hereinafter described be and the same are hereby deemed and found to have architec- rural significance, which real estate is described as follows: 373 Bluff-Lot 2 of Hayden Lane Place in the City of Dubuque, Iowa 371 Bluff-Lot I in Hayden Lane Place in the City of Dubuque, Iowa, ac- cording to the recorded plat of said subdivision, subject to the joint us~ of the nine inch division wall and all easements for existing installations, maintenance, repairs, and/or replacements and encroachments as shown on said plat and subject to ease- ment granted in Book 20 TI~ Page 115, Records of Dubuque County, Iowa. Section 2. That the passage and adoption of this Resolution is in con. junction with and in accordance with Appendix A of the Code of Ordinances, also known as the Zoning Ordinance. Passed, adopted and approved this 17th day of May, 1982. John P. Klauer Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Pro-Tom Klauer, Council Members Beurskens, Deich, Hummel, Khiesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher of Notice of Public Hear- lng on Amendment to the Current Budget ending June 30, 1982, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Hummel moved that the proof be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Pro-Tom Klauer, Council Member Beurskens, Deich, Hummel, Kluesner. Nays--Council Member Kronfeldt. Absent--Mayor Brady. RESOLUTION NO. 119-82 A Resolution Amending the Current Budget for the Fiscal Year Ending June 30, 1982. BE IT RESOLVED, by the Council of the City of Dubuque, Iowa: Section 1. Following notice publish- ed May 5, 7, 10, 1982 and the public hearing held May 17, 1982, the current budget (as previously amended) is amended as set out herein and in the detail by fund and activity that sup- ports this resolution which was con- sidered at that hearing: (Table On Next Page) SpecialSession, May17,1982 172 CURRENT GOVERNMENTAL AND CURRENT PROPRIETARY FIDUCIARY OPERATIONS OPERATIONS As Certified Or Last Amount Of Amended Amended Chang~ To: 1. Total Beginning Cash Balance $1,893,265 $ $1,893,265 $ 2. Income Other Than Property Tax 3. State-Shared Revenue 4. Property Tax $10,365,826 $ Asking 5, TOTAL RESOURCES $26,452,391 $ 6, Less, Working (Reserve) for Appro- priations 8. Community Protection 9. Human 10. Home and Community 11. Policy anO Adminiotratlon $1,521,290 $ 37,296 $1,558,586 $ 189,677 $ 12. TOTAt APPRO- PRIATIONS $25,411,453 $ 675,690 $26,087,143 $ 8,081,660 $ As Certified Or Last Amount Of Amended Amended Change To: 952,902 $ $ 952,902 Operating $11,882,200 $ 371,184 $12,253,384 $ 8,036,258 $ 48,595 $ 8,084,853 Non-Operating $ 2,311,100 $ $ 2,311,100 $ 183,530 $ $ 183,530 $10,365,826 $ $ $ 371,184 $26,823,575 $ 9,172,690 $ 48,595 $ 9,221,285 $ 1,040,938 $ 304,506 $ 736,432 $ 1,091,030 $ 99,235 $ 991,795 $25,411,453 $ 675,690 $26,087,143 $ 8,081,660 $ 147,830 $ 8,229,490 $ 7,047,434 $ 26,434 $ 7,073,868 $ 8,964 $ $ 8,964 $ 3,466,227 $ 34,047 $ 3,600,274 $ $ $ $13,376,502 $ 577,913$13,954,415 $ 7,883,019 $ 83,222 $ 7,966,241 64,608 $ 254,285 147,830 $ 8,229,490 Xome and Policy and PROGRAM Community Human CommunRy Adminis- TOTALS Protection Development Environment tratlon FROM 13. $7,056,398 $3,466,227 $21,259,521 $1,710,967 TO 14. $7,082,832 $3,500,274 $21,920,656 $1,812,871 Passed, adopted and approved this 17th day of May, 1982. John P. Klauer Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner. Nays--Council Member Kronfeldt. Absent--Mayor Brady. 173 Special Session, May 17, 1982 RESOLUTION NO: 120-82 A Resolution for the Permanent Transfer of Funds WHEREAS, there is now in the hands of the Treasurer the sum of $153,030 credited to the Trust and Agency Fund ($67,144), the Water Fund ($13,931), the Sewer Fund ($16,102), the Transit Fund ($16,462), the Refuse Fund ($30,732), the Landfill Fund ($5,414), the Community Development Fund ($368), the Section 8 Fund ($208), and the Parking Fund ($2,669); and WHEREAS, there is now in the hand of the Treasurer the sum of $12,007 credited to the General Fund; and WHEREAS, there ~s now ~n the hands of the Treasurer the sum of $177,553 credited to the Road Use Tax Fund; and WHEREAS, there is now m the hands of the Treasurer the sum of $25,921 credited to the Community Development Fund; and WHEREAS, there is now m the hands of the Treasurer the sum of $198,102 credited to the Sewage Ren- tal Fund; and WHEREAS, there m now ~n the hands of the Treasurer the sum of $200,000 credited to the Water Operating Fund; and WHEREAS, there Is now in the hands of the Treasurer the sum of $14,800 credited to the Water Depreciation Fund; and WHEREAS, there m now m the hands of the Treasurer a balance of ap- proximately $146,822 credited to the Sewer Depreciation Fund, $101,105 credited to the Parking Depreciation Fund, $65,846 credited to the Water Depreciation Fund; and WHEREAS, there is now in the hands of the Treasurer a balance of $14,166 credited to the General Con- struction Fund; and WHEREAS, it is desired to transfer $67,144 from the Trust and Agency Fund; $13,931 from the Water Operating Fund; $16,102 from the Sewer Operating Fund; $16,462 from the Transit Fund; $30,732 from the Refuse Collection Fund; $5,414 from the Landfill Fund; $368 from the Com- munity Development Fund; $208 from the Section 8 Fund; and $2,669 from the Parking Fund to the Workmen's Compensation Reserve Fund for the establishment of a self insurance work- h~g reserve; and WHEREAS, it is desired to transfer $12,007 from the General Fund to the Golf Construction Fund in order to reserve the prior year net surplus for capital projects; and WHEREAS, it is desired to transfer $177,553 from the Road Use Tax Fund to the Street Construction Fund in order to provide for construction of the 11th Street one-way pair; and WHEREAS, it is desired to transfer $25,921 from the Community Develop- ment Fund to the Street Construction Fund for the 21st Street improvements - NDIA project ($8,338) and the 22nd and Central traffic signals ($17,583); and WHEREAS, it is desired to transfer from the Sewage Rental Fund to the Sewer Construction Fund $135,000 in order to support future capital im- provement projects per the approved Capital Improvement Program and $63,102 for construction of the Resur- rection sewer project; and WHEREAS, it is desired to transfer $200,000 from the Water Operating Fund to the Water Construction Fund to provide for construction of the Cedar Cross/Crescent Ridge water main; and WHEREAS, it is desired to transfer $14,800 from the Water Depreciation Fund to the Water Construction Fund of construction of the Liberty Street WHEREAS, it is desired to transfer fund balances from the Sewer, Parking and Water Depreciation Funds to the appropriate Construction Funds for support of the approved Capital Im- provement Program; and WHEREAS, it is desired to transfer $14,166 from the General Construc- tion Fund to the Storm Sewer Con- struction Fund in order to close out the fund balance. NOW, THEREFORE, BE IT RE- SOLVED by the city Council of the City of D ~ubuque, Iowa: Special Session, May 17, 1982 174 That said sum of $1,109,352, as set forth above, be and the same is hereby transferred from the Trust and Agen- cy Fund, Water Fund, Sewer Fund Transit Fund, Refuse Fund, Landfill Fund, Community Development Fund Section 8 Fund, Parking Fund, General Fund, Road Use Tax Fund, Water Depreciation Fund, Sewer Depreciation Fund, Parking Deprecia- tion Fund and General Construction Fund to the Workmen's Compensation Reserve Fund, Golf Construction Fund, Street Construction Fund, Sewer Construction Fund, Water Con- struction Fund, Parking Construction Fund and Storm Sewer Construction Fund, and the City Finance Director is directed to correct his books accor- dingly. Passed, approved and adopted this 17th day of May, 1982. John P. Klauer Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Hummel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hummel, Kluesner. Nays--Council Member Kronfeldt. Absent--Mayor Brady. Communication of City Manager submitting Resolution requesting Public Hearing be set concerning the closing of a portion of Rhomberg Ave. to vehicular access, presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hummel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 121-82 WHEREAS, the Iowa Department of Transportation is proposing to let a contract for the demolition of the Eagle Point Bridge; and WHEREAS, as a part of said demolition, a portion of Rhomberg Avenue will be closed to vehicular traf- fic; and WHEREAS, the Iowa Department of Transportation has proposed that the City Council of the City of Dubu- que approve agreement number 82-16-039 relating to the closure of a portion of Rhomberg Avenue. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That a public hearing be set for June 21, 1982, at 7:30 p. m, at the Dubuque Public Library for the pur- pose of considering the closure of Rhomberg Avenue to vehicular traffic from the west abutment of the Eagle Point Bridge to a cul-de-sac to be con- structed approximately 800 feet south of the bridge abutment, and the adop- tion of agreement number 82-16-039 with the Iowa Department of Transportation relating to said Section 2. That nol~ce of said hearing shall be published at least twenty days prior to the date of the hearing. Section 3. That notice of said hearing be sent by certified mail to all adjoin- lng property owners and affected utili- ty companies. Passed, approved and adopted this 17th day of May, 1982. John P. Klauer Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Hummel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hummel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of P & Z Commis- sion approving amendment to the Zon- ing Ordinance revising the current C-2 Commercial District Accessory Uses and Structures by providing for and controlling the parking of service vehicles in the district (requested by Group W. Cable for property at 3033 Asbury Rd.), presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hummel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. 175 Special Session, May 17, 1982 An ORDINANCE Amending Code of Ordinances by enacting a new Sec- tion 4-113.3 of Article IV in lieu thereof to allow service vehicle park- ing as an accessory use and regulate the number and weight of the vehicles, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Counci Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Council Member Hammel moved that a Public Hearing be held on the Ordinance on June 7, 1982 at 7:30 p.m. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the Hear- ing in the manner prescribed by law. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Petition of Attorney Robert Bertsch on behalf of Key City Investment Co. requesting a six month extension of time within which to submit a Final Development Plan for the expansion of Theatre No. 5, presented and read. Council Member Kronfeldt moved that tlie petition be received and filed and six month extension approved. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel. Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Proof of publication of Notice to Contractors for the receipt of bids for the E. llth Street Reconstruction from Central Ave. to Kerper Blvd., presented and read. Council Member Beurskens moved that the proof be received and filed. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager recommending awarding of contract for above to Flynn Co. Inc. being 14.4% under engineer's estimate. presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. (Awarding Contract) RESOLUTION NO. 122-82 WHEREAS, sealed proposals have been submitted by contractors for the East Eleventh Street Reconstruction from Central Avenue to Kerper Blvd. pursuant to Resolution No. 79-82 and notice to bidders published in a newspaper published in said City on April 16, 1982; and WHEREAS, said sealed proposals were opened and read on May 4, 1982, and it has been determined that the bid of Flynn Company, Incorporated of Dubuque in the amount of $300,810;77 was the lowest bid for the furnishing of all labor and materials and performing 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 Flynn Company, Incorporated 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 con- Special Session, May 17, 1982 176 tractors bond, the City Treasurer is authorized ~nd instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 17th day of May, 1982. John P. Klauer Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting an Ordinance allowing Dubuque Bank and Trust Co. to install an overhead twinaxial communica- glens cable across the alley east of Locust St. between 7th & Sth Streets, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 25-82 AN ORDINANCE AUTHORIZING DUBUQUE BANK AND TRUST CO. TO CONSTRUCT A TWINAXIAL CABLE BETWEEN THE DUBUQUE BUILDING AND NESLER CENTER, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meedings prior to the meeting when final action is taken be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 25-82 AN ORDINANCE AUTHORIZING DUBUQUE BANK & TRUST COM- PANY TO CONSTRUCT A TWIN- AXIAL CABLE BETWEEN THE DUBUQUE BUILDING AND THE NESLER CENTER. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Dubuque Bank & Trust Company as tenants of the premises known as Nesler Center, 799 Main St., Dubuque, Iowa and legally described as City Lot 58, except the southerly 28.1 feet thereof, City Lots 56 and 57, in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, I/)wa be and they are hereby granted the revocable permit and authority to construct and maintain an overhead twinaxial cable under the terms and conditions set forth in this Ordinance. Section 2. That such construction sttall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws ~and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a) Assume any and all liability for damages to persons or property which may result from the existence. location, installation, construction or maintenance of said twinaxial cable b) Pay on behalf of the City of Dubuque, all sums whicli the City of Dubuque shall become obligated to pay by reason of the [lability imposed upon the City of Dubuque for dam- ages of any kind resulting from the location, installation, existence, con- struction or maintenance of said twinaxial cable sustained by any per- son or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of a twinaxial cable 177 Special Session, May 17, 1982 and to pay reasonable attorney fees tberefl~re; and e) Indemnify and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, instal- lation, construction, maintenance and repair of the facility, work or improvement pertnitted herein. Section 4. That the permission her~in granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their saccessors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said twinaxial cable and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said twinaxial cable at permit- tees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for dam- ages resulting from the removal of said twinaxial cable Section g. That permittees conven- ant and agree that the revocable per- mit herein granted does not constitute an approval of the design, erection, location, construction, repair or main- tenance of said facility and said per- mittees hereby convenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, per- sonal injuries and/or property damage against the permittees arising out of or in any way connected with the loca- tion, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereun- der accrue to Dubuque Bank & Trust Company when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this Ordinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of May, 1982 John P. Klauer Mayor Pro-tern kTTEST: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 25-82 The undersigned having read and being famihar with the terms and con- titions of Ordinance No. 25-82 hereby, for themselves, their successors or assigns, as owners of the abutting prop- erty. accept the same and agree to be bound by the conditions and agree- ments therein contained to be per- formed by permittees. Dated: May 19, 1982 BY: Paul J, Peckosh Vice-President Published officially in the Telegraph Herald newspaper this 24th day of May 1982, Mary A. Davis City Clerk It 5/24 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting Resolution providing for the submission of the application for Fiscal Year 1983 Community Develop- ment Block Grant Funds, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 123-82 Authorizing the lqling of a Program Statement for a Community Develop- ment Block Grant for the City of Dubuque. WHEREAS, The City of Dubuque is entitled to participate in the Com- munity Development Block Grant Program authorized under the provi- sions of Title I of the Housing and Community Development Act of 1974. as amended; and Special Session May 17, 1982 178 WHEREAS, the City of Dubuque has been declared eligible for funding in the amount of $979,000; and WHEREAS, the Community Development Block Grant Statement has been developed so as to give max- imum feasible priority to activities which will benefit low and moderate in- come persons and aid in the prevention of elinfination of slums and blight; and WHEREAS, the City of Dubuque has privided the citizens of the com- munity with opportunities to comment on the Program Statement: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of a Pro- gram Statement for participation in the Community Development Block Grant Program is hereby approved, and the Mayor of the City of Dubuque is hereby authorized and directed to execute the necessary documentation on behalf of the City of Dubuque. Section 2. That the Director of the Department of Community Develop- ment is hereby authorized and directed to submit in the required number of copies, the executed Statement of In- tent to the U.S. Department of Hous- lng and Urban Development and other appropriate agencies together with such other documents evidencing the approval and authorizing the execu- tlon and implementation of such State- ment of Intent as may be required. Passed, adopted and approved this 17th day of May, 1982. John P. Klauer Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting Resolution providing for approval of Supplement No. 12 to the Code of Ordinances to the City, 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 Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 124-82 Adopting Supplement No. 12 to the Code of Ordinances of the City of Dubuque, Iowa. WHEREAS, under date of November 16, 1981, the City Council, pursuant to Ordinance 63-81, readopted the Code of Ordinances of the City of Dubuque for ordinances adopted up to and including March 10, 1981; and WHEREAS, since March 10, 1981, the City Council of Dubuque, Iowa, has adopted certain ordinances amen- ding the Code of Ordinances and said amendments have been printed as sup- plements to the Code of Ordinances; and WHEREAS, the Section 880.8 of the Code of Iowa provides that sup- plements, by resolution, become part of the Code of Ordinances. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 12 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa, up to and through December 21, 1981, printed by the Municipal Code Corporation Tallahassee, Florida, hereto filed in the office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Passed, adopted and approved this 17th day of May, 1982. John P. Klauer Mayor Pro-Tem 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 Pro-Tern Klauer, Council Members Beurskens, Deich, 179 Special Session, May 17, 1982 Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting Ordinance pertaining to notices of beer and liquor violations, presented and read. Council Member Hammel moved that the communication be received and filed. Carried by the following Yeas--Mayor Pro-Tern Klauer, Council Members Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Beurskons. Absent--Mayor Brady. ORDINANCE NO. 26-82 AN ORDINANCE AMENDING CODE OF ORDINANCES BY AD- DING A NEW SECTION 5-8 TO CHAPTER 5 TO PROVIDE THAT NOTICE, AND THE MANNER THEREOF BE GIVEN TO BEER PERMITTEE OR LIQUOR LICEN- SEE OF CITATION FOR VIOLA- TION OF SECTION 5-3 OR 5-7 OF CHAPTER 5 OF THE CODE OF OR- DINANCES, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Pro-Tern Klauer, Council Members Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Beurskens. Absent--Mayor Brady. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tom Klauer, Council Members Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Beurskens. Absent--Mayor Brady. ORDINANCE NO. 26-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMEND- ING THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SECTION 5-8 TO ARTICLE I OF CHAPTER 5 THEREOF TO PROVIDE THAT NOTICE, AND THE MANNER THEREOF, BE GIVEN 'FO BEER PERMITTEE OR LIQUOR LICENSEE OF CITA- TION FOR VIOLATION OF SEC TION 5-3 OR SECTION 5-7 OF CHAPTER 5 OF THE CODE OF ORDINANCES OF TIlE CITY OF DUBUQUE, IOWA, NOW THEREFORE BE IT ORDAINED BY THE CITY COEN- C1L OF THE C1TY OF DUBDQUE, IOWA: Section 1. That the Code el Ordi- nances of (he City el Dubuque, Iowa be and the same is hereby amended hy adding a new Section 3-8 to Article I of Chapter 5 thereof to read as fol~ "Chapter 5. ARTICLE 1. Sec. 5-8. Notice of Violation upon ls.suance of Citation. The Chief of Police, or his designee, shall provide written notice to a beer permit or liquor license holder upon is- suance of summons or citation to any employee or agent for a violation of Sec. 5-8 or Sec. 5-7 of this Chapt&, or the provisions of Iowa Code 123.47 or 123.49. Such notice of violation shall be directed to the permit or license holder as recorded in the office of the City Clerk, and shall be by Certified United States Mail, Return Receipt Requested. When the holder of the permit or license has been issued a citation or summons coincidental to the same ac- tion of the police, the above provision of notice shall not be required." PASSED, APPROVED AND ADOPTED this 17th day of May, 1982. John P. Klauer Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph- Herald newspaper this 24th day of May, 1982. Mary A. Davis City Clerk I t 5/24 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Pro-Tom Klauer, Council Members Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Beurskens. Absent--Mayor Brady. Communication of City Manager submitting Ordinance providing for the dissolving of the Park Board and Special Session, May 17, 1982 180 the Playground and Recreation Com- ~hission and creating a Park and Recreation Commission for the City, 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 Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 27-82 AN ORDINANCE AMENDING CERTAIN SECTIONS IN CHAPTER 27 BY ENACTING NEW SECTIONS IN LIEU THEREOF CREATING A PARK AND RECREATION COMMISSION AND THE OFFICE OF PARK AND RECREATION DIRECTOR, presented and read. Council Member Hammel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the fo]lowing Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Council Member Hammel moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Khiesner, Kronfeldt. Nays--None. Absent--Mayor Brady. ORDINANCE NO. 27-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 27-1 OF ARTICLE L SECTIONS 27-21 THROUGH 27-24 OF D1VI- SION 2 OF ARTICLE II, SECTION 27-34 OF DIVISION. 4 OF ARTI- CLE II, SECTIONS 27-77 THROUGH 27-83 OF DIVISION 2 OF ARTICLE II1 AND SECTION 27-84 OF DIVISION 3 OF ARTI- CLE III THEREOF AND ENACT- ING NEW SECTIONS 27-1 THROUGH 27-12 OF DIVISION 1 OF ARTICLE 1, SECTIONS 27-20 AND 27-21 OF DIVISION 2 OF ARTICLE I AND SECTION 27-25 OF DIVISION 4 OF ARTICLE I 1N LIEU THEREOF CREATING A PARK AND RECREATION COM- MISSION AND THE OFFICE OF PARK AND RECREATION DIRECTOR. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances for the City of Dubuque, Iowa is amended by repealing Section 27-1 of Article I, Sections 27-21 through 27- 24 of Division 2 of Article II, Section 27-34 of Division 4 of Article II, Sec- tions 27-77 through 27-83 of Division 2 of Article 11I and Section 27-84 of Division 3 of Article III thereof and enacting new Sections 27-1 through 27- 12 of Division 1 of Article I, Sections 27-20 and 27-21 of Division 2 of Article I and Section 27-25 of Division 4 of Article I in lieu thereof as follows: "PARK AND RECREATION COMMISSION ARTICLE 1 DIVISION 1. PARK AND RECREATION COMMISSION Sec. 27-1. Park and Recreation Com- mission Created. There is hereby created a Park and Recreation Commission to have such powers and respon~bilitles as herein- after provided. Sec. 27-2. Purpose. The purpose of the Commission is: (a) To contribute to the general beau- tification of the City of Dubuque and assist in providing facilities for active and passive recreaUmn through land- scaping and maintaining park land and facilities, and (b) To provide year round opportuni- ties for organized recreational acf~vi- ties for residents of all ages and social groups. Sec. 27-3. Powers. The responsibilities of the Commission (a) To establish rules and regulations governing the use of all grounds and facilities that have been or may be set aslde as public parks, playgrounds and other such park and recreation facili- ties. Such rules and regulations to include but not limited to: (1) Establishment of opening and clos- ing hours for the use of all park and recreation facilities by the genral pub- lic, subject to the concurrence of the City Council. (2) Establishment and collection of 181 Special Session, May 17, 1982 fees including the issuance of permits for public use of all park and recre- ation facilities. (b) To establish rules and regulations for all recreational program~ provided by the City including the establish- ment and collection of fees for partici- pation by the public in such activities. (c) To advise the City Council on all matters pertaining to park and recre- ation grounds facilities, programs and needs. Sec. 27-4. Cooperation With Other Agencies. In the conduct and operation of recre- ation grounds and recreation programs, the Commission shall cooperate with the Dubuque Community School Dis- trict, Archdiocese School System and all other groups interested in the pro- motion and implementation of recrea- tional activities which are in the best interest of the City of Dubuque. Sec, 27-5. Solicitation and Accep- tance of Donations. The Commission may solicit and oth- erwise accept donations and gifts of money, personal and real property and personal services. All such donations and gifts as received shall become the property of the City of Dubuque for the general use of support of park and recreation programs of the City of Dubuque unless ~uch items have beer designated by' the donors for specific purposes. Sec. 27-6. Membersl~ip, Appoint- ment. (a) The Commission shall be comprised of a msmhrrship of seven (7) persons who shall be appointed by the City Council for terms of three years. Four (4) members of the Commission shall constitute a quorum for the transac- tion of business. All action of the Commission shall be by resolution and the affirmative vote of at least four (4) members shall be necessary for the adoption of any resolution. (b) Three of the original appointments to the Commission shall be for a term of one year including one member of the Park Board in office on June L0, 1982, one member of the Playground and Recreation Commission in office on June 30, 1982 and one member appointed from the general public; two of such original appointments shall be for terms of two years including one member of the Park Board in office on June 30, 1982 and one member of the Playground and Recreation Commis- sion in office on June 30, 1982; and two of such original appointments shall be for terms of three years including one member of the Park Board in office on June 30, 1982 and one member of the Playground and Recreation Commis- sion in office on June 30, 1982. In the event any of the initial appeintments to the Commission required to be made from the Park Board or the Play- ground and Recreation Commission can not be filled, said initial appoint- ments shall be made from the general (c) The expiration date for all terms of office shall be June 30 of the appropri- ate year. (d) Membership on the Commission shall be limited to persons who are res- idents of the City. (e) Vacancies caused by death, resig- nation or otherwise on the Commission shall be promptly filled by the City Council for the unexpired term of office. Sec. 27-7. Attendance. (a) Members of the Commission shall attend at least two-thirds (2/3) of all regularly scheduled and held meetivgs within any twe]ve-montfi period. If any member does not attend such pre- scribed number of meetings; it shall be grounds for the commission to recom- mend to the City Council that the be declared vacant and a replacement appointed. (b) The attendance of all commission members shall be entered upon the minutes of all meetings by the secre- tary. Sec. 27-8. Compensation. All members of the commission shall serve without compensation except for Sec. 27-9. Organization. (a) The officers of the Commission shall be a chairperson, a vice-chairper- son and a secretary. All officers shall be members of the Commission. (b) At the initial meeting of the Com- mission and at the first meeting in July of each year, the Commission shall elect the above identified officers to serve one-year terms of office. All offi- cers shall be eligible to Serve successive Sec. 27-10. Meetings. (a) The Commission shall hold an organizational meeting on a date selected by the Mayor as soon as pos- sible after the Commission is estab- lished and the initial appointments made. (b) The Commission shall meet not less than bknonthly, after 4:30 p.m. on a regularly scheduled day, (c) Special meetings may be called'by the chairperson or~ at the written request of three members. (d) All meetings shal] be called and held in conformance with the Iowa Open Meetings Law. Special Session, May 17, 1982 182 (e) A copy of the minutes of all regular and special meetings of the Commis- sion shall be filed with the City Coun- cil within ten (10) working days after each such meeting. Sec. 27-11. Internal Rules and Regu- lations. The Commission may adopt such rules and regulations to govern its internal organization and procedures as it may deem necessary and which are not in conflict with this Article or other reso- lutions and decisions of the City Coun- cfi. Such rules and regulations upon their adoption shall immediately be provided the City Council. Sec. 27-12. Administrative and Other City Policies. All administrative, personnel, account- ing, budgetary and procurement poli- cies of the City shall govern the Commission in all of its operations. DIVISION 2. PARK AND RECRE- ATION DIRECTOR. Sec. 27-20. Office Created; Respon- sibilities Generally. There is hereby created the office of director of parks and recreation of the City charged with the responsibility of directing and administering the activi- ties of the Park and Recreation Divi- sions omprising the Parks and Recreat v)n Department. Sec. 27-21. Appointment; Term of Office. The Director of Parks and Recreation shall be appointed by the City Man- ager and shall hold office at the plea- sure of the City Manager. DIVISION 4. USE REGULATIONS. Sec. 27-25. Definitions. As used in Division 4 and Division 5 of this Article. the following terms shall have the meanings indicated: (a) "Board", "the Board" shall mean the Park and Recreation Commission of the City. (b) "Parks", "parkways" shall mean parks, parkways, buildings, park roads or driveways, and all public service facilities or grounds, buildings and structures in and adjacent to the City, which are under the responsibility of the Commission," PASSED, APPROVED AND ADOPTED this 17th day of May, 1982, John P. Klauer ATTEST: Mayor Pro-tern Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of May, 1982. Mary A. Davis It 5/24 City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Beur. skens. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. BOARDS AND COMMISSIONS: Communication of Gary Emenitove submitting resignation from Cable Regulatory Commission, presented and read. Council Member Beurskens moved that the communication be received and flied and resignation accepted with regret. Seconded by Council Member Hammei. Carried by the following vote: Yeas--Mayor Pro~Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Applications for ANY Board or Commission: F. M. Hellert and Thomas H. Kersch. MECHANICAL BOARD: 1 Vacancy (3 Year Term to Expire 3-16-85, Must be Steam Fitter Worker) Nominees: Frank J. Schwartz, Michael J. Tschudi. Council Member Beurskens voted for Schwartz; Mayor Brady-Absent; Council Member Deich voted for Schwartz; Council Member Hammel voted for Schwartz; Mayor Pro-Tern Klauer voted for Schwartz; Council Member Kluesner voted for Schwartz; Council Member Kronfeldt voted for Schwartz. Therefore, Frank J. Schwartz reap- pointed to the Mechanical Board for a three year term to expire March 16, 1985. PLANNING AND ZONING COMMISSION: 2 Vacancies (Two three-year terms which will expire 5-24-85.) Nominees: Paula Benner, Robert L. Downs, Daniel P. Ernst, Jim Farber, Kerin Moldenhauer, Tilden Polsean. First Vote: Council Member Beur- skens voted for Downs & Ernst; Mayor Brady-Absent; Council Member Deich voted for HeIlert & Farber; Council Member Hammel voted for Benner & Ernst; Mayor Pro-Tem Klauer voted for Hellert & Polsean; Council Member Kluesner voted for 183 Special Session, May 17, 1982 Benner & Ernst; Council Member Kronfeldt voted for Downs. There being no majority, a second vote was taken. Second Vote: Council Member Beur- skens voted for Downs & Ernst; Mayor Brady-Absent; Council Member Deich voted for Hellert & Benner; Council Member Hammel voted for BenDer & Ernst; Mayer Pro- Tern KinDer voted for Benner & Heilert; Council Member Khiesner voted for Benner & Ernst; Council Member Kronfeldt voted for Downs. Therefore, Paul Benner appointed to the Planning and Zoning Commission for a three year term which will expire May 24, 1985. Third Vote: Council Member Beur- skens voted for Downs; Mayor Brady - Absent; Council Me~nber Deich voted for Hellert; Council Member Hammel voted for Ernst; Mayor Pro-Tem Klauer voted for Hellert; Council Member Khiesner voted for Ernst; Council Member Kronfeldt voted for Downs. Fourth Vote: Council Member Beur- skens voted for Downs; Mayor Brady - Absent; Council Member Deich voted for Hellert; Council Member Hammel voted for Downs; Mayor Pro-Tem Klauer voted for Hellert, Council Member Kluesner voted for Downs; Council Member Kronfeldt voted for Downs. Therefore, Robert L. Downs ap- pointed to a three year term on the Planning and Zoning Commission which will expire May 24, 1985. qW CABLE REGULATORY COMMISSION: I Vacancy (1 Unexpired Term to Ex- pire 6-30-83) Nominees: David J. Arnold, Rod Bakke, Douglas Hilby, Jim Renier. Council Member Beurskens voted for Arnold; Mayor Brady-Absent; Council Member Delch voted for Ar- nold; Council Member Hammel voted for Arnold; Mayor Pro-Tem Klauer voted for Arnold; Council Member Kluesner voted for Arnold; Council Member Kronfeldt voted for Arnold. Therefore, David J. Arnold ap- pointed to the TV Regulatory Commis- sion for an unexpired term which will expire 6-30-83. NEWLY CREATED PARK AND RECREATION COMMMISSION: 7 Vacancies (Two-three year terms to expire 6-30-85; Two-two year terms to expire 6-30-84; Three-one year terms to expire 6-30-83) Nominees: Present Park Board Members: David Willoughby, Fred Appel, Gene P. Thompson; Present Recreation Commission Members In- crested in new Commission: Betty Nugent, Michael J. Buelow, Francis J. (Cbip) Murray, Patricia Kucera; and At Large Applicants: Richard Baumhover, Harry J. Eemis, Dianne M. Helm, Pual E. Hoffmann, M. Catherine Kane, Sandi Loeffelholz, Carole B. Loetscher, Joseph Panozzo, Wm. R. Regan. Three Year Terms: Council Member Beurskens voted for Thompson & Murray; Mayor Brady - Absent; Coun- cil Member Deich voted for Appel & Buelow; Council Member Hammel voted for Appel & Murray; Mayor Pro- Tem Klauer voted for Appel & Nug- gent; Council Member Kluesner voted for Appel & Murray; Council Member Kronfeldt voted for Appel & Murray. Therefore Fred Appel and F.J. (Chip) Murray appointed to the Park and Recreation Commission for three year terms which will expire June 30, 1985. Two Year Terms: Council Member Beurskens voted for Thompson & Buelow; Mayor Brady - Absent; Coun- cil Member Deich voted for Thompson & Kucera; Council Member Hammel voted for Thompson & Kucera; Mayor Pro-Tem Klauer voted for Thompson & Kucera; Council Member Kluesner voted for Thompson & Buelow; Coun- cil Member Kronfeldt voted for Willoughby and Kucera. Therefore, Gene P. Thompson and Patricia Kucera appointed to the Park and Recreation Commission for two ~ear terms which will expire June 30, One Year Terms: Council Member Beurskens voted for Buelow & Regan; Mayor Brady-Absent; Council Member Deich voted for Nugent & Hinke; Council Member Hammel voted for Buelow & Regan; Mayor Pro- Tem Klauer voted for Nugent & Regan; Council Member Kluesner voted for Buelow & Regun; Council Member Kronfeldt voted for Buelow & Regan. Therefore, because of the above vote, Michael J. Buelow and Wm. R. Regan appointed to one year terms at the Park and Recreation Commission, which terms will expire 6-30-83 AND David Willoughby, because of being an active Park Bd. member, appointed to a one year term with the Park and Recreation Commission for a one year Special Session, May 17, 1982 184 term which will expire 6-30-83. Upon discussion, it was approve~ that alternates to Operation: New View for Rhonda Kronfeldt would be Lores Kluesner and for John KinDer would be Mrs. Elaine Barwick. RESOLUTION NO. 125-82 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, flint 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 with said City. Beecher Co., Inc. 1691 Asbury Beecher Co., Inc. 2399 White Canfield Hotel 36 W. 4th St. Dubuque Inn Best Western 3434 Dodge Dubuque Packing Co. 701 E. 16th St. Eagle Discount Center #109 200 S. Locust St. Eagle Discount Supermarket//130 1800 Elm Street Eagle Discount Center #320 2050 John F. Kennedy Rd. Mike Weber & Randy Rick d/b/a 52 Tap 3670 Central Avenue Happy's Place, Inc. 2323 Rockdale Iowa Oil Co., Jackson St. IOCO #2 1998 Jackson St. Iowa Oil Co., University IOCO #3 University & Asbury Rd. Miracle Car Wash, Inc. 255 Locust Palmer Drug Co. 2600 Dodge Riverside Bowl 1860 Hawthorne Robert's Food Service, Inc. 62 Locust Liberty Restaurants, Inc. dlb/a Sfikas 401~405 Central Ave. Silver Stallion Lounge 32nd & Jackson Earl Schumacker Oky Doky Foods #5 2204 Central Avenue Thompson's Food Market #1 250 West 1st Street Trausch Baking Company 25 Main Passed, adopted and approved this 17th day of May, 1982. John P. KinDer Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern KinDer, Council Members Beurskens, Delch, Hammel, Khiesner, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 126-82 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 perndt to sell Cigarettes and Cigarette Papers with said City. Grove Tool, Inc. d/b/a Hawkeye Inn 925 Century Drive Passed, adopted and approved this 17th day of May, 1982. John P. Klauer Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 127-82 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 ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Resurrection Men's Service Club McAleece Fields (Also Sunday Sales) Nelson Milllman 445 Bluff St. (Also Sunday Sales) Kevin McGfffin's Kitchen, Inc. 3500 Dodge St. (Also Sunday Sales) CLASS "C" BEER PERMIT Beecher Co., Inc. 2399 White St. (Also Sunday Sales) Beecher Co., Inc. 1691 Asbury Rd. (Also Sunday Sales) Earl E & E Thomas Schumacher 250 W. 1st Street (Also Sunday Sales) 185 Special Session, May 17, 1982 Passed, adopted and approved this 17th day of May, 1982. John P. Klauer Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member De(ch moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, De(ch, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Petition of The Bistro requesting to transfer their Beer Permit from 951 Main St. to Town Clock Plaza at 7th and Main Streets on May 21, 22 & 23, presented and read. Council Member De(ch moved that the petition be received and filed and request to transfer be approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer Council Members Beurskens, De(ch, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 128-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf & Country Club 1800 Randall Place (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE D,E.Q. Inc. 4th & Locust (Also Sunday Sales) American Legion Post 6 1306 Delhi Beverly A. Larsen 3050 Asbury (Also Sunday Sales) 1933, Inc. 225 W. 6th St. IAlso Sunday Sales) Neeleon E. & Mary L. Ness 32nd & Jackson St. Passed, adopted and approved this 17th day of May, 1982. John P. Klauer Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member De(ch moved adop- tion of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens,, De(ch, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady: MINUTES SUBMITTED: Airport Comm. of 4-22; Community Develop- ment of 4-13; Public Library of 4-20; Park Board of 4-22, 4-8, and 5-6; Dock Board of 4-28; TV Cable Tele- Programming Comm. of 5-4; Five Flags Comm. of 4-26; P & Z Comm. of 5-5, presented and read. Council Member Beurskens moved that the minutes be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Proof of publication, certified to by the Publisher of List of Receipts and Expenditures for month of March, 1982, presented and read. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, De(ch. Hammei, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. NOTICES OF CLAIMS: Daniel M. Colllgan, in unknown amount for per- sonal injuries; Darryl Galle in amount of $1,000 for false arrest and]or' false imprisonment; Alfred L. Polsean in amount of $350 for property damages; Harold O. Leitner in unknown amount for car damages; James Kiernan in Special Session, May 17, 1982 186 amount of $108 for car damages; presented and read. Council Member Beurskens moved that the claims be referred to the Cor- poration Counsel for investigation and report. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of Corporation Counsel requesting reconsideration on denial of claim of Richard Patters and recormuending settlement in amount of $61.80, presented and read. Council Member Beurskens moved Chat the settlement be approved and Finance Director to issue proper check. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, De(ch, Hammel, Kiuesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of Corporation Counsel reconunending settlement of car damage claim of Karen Wernimont in the amount of $55.66, presented and read. Council Member Beurskens moved that the settlement be approved and the Finance Director to issue proper check. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, De(ch, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Solicitor ad] vising of dismissal of suit filed by Mir- co Ltd. at no cost to the City of Dubu- que, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, De(ch, Hammel, Kkiesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Petition of Peoples Natural Gas Co. requesting permission to excavate in Alpine St. to repair leaking customer gas service line, presented and read. Council Member Beurskens moved that the petition be approved. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, De(ch. Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of Iowa DOT advis- lng of proposals to let a pedestrian overpass repair project on Primary Road No. US 20 on June 8th (located near the St. Joseph and Marion Streets intersection), presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Men,bets Beurskens, De(ch, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of Delos A. Dorweiler regarding three non- enforced traffic noise ordinances, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer. Council Members Beurskens,' De(ch, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Br~/dy. Certificate of Merchants Bonding Co. advising of authorization to tran- sact its appropriate business of Fideli- ty and Surety Insurance in the State of Iowa until the 1st of May, 1983, )resented and read. Council Member Beurskens moved that the certificate be received and fil- ed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, De(ch, Hammel. Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of Federal Com- munications Commission submitting a Memorandum Opinion and Order regarding KDUB-TV's petition for reconsideration, presented and read. 187 Special Session, May 17, 1982 Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of West Side Business and Professional Association of Dubuque submitting comments regarding paving of J.F.K. Road and Wacker Dr. improvements from Penn- sylvania Ave. to Highway 20, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tern Kinuer Council Members Beurskens, Deich, Hammei, Khiesner, Kronfeldt. Nays--None. Absent--Mayer Brady. Dick Kemp, addressed the Council relative to the People's Natural Gas petition for excavation. There being no further business Council Member Deich moved to ad- journ. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--None. Absent--Mayor Brady. Mary A. Davis City Clerk Approved __1982 Adopted _ __1982 Mayor Council Members ATTEST: City Clerk Regular Session, June 7,1982 188A CITY COUNCIL OFFICIAL Regular Session, June 7, 1982. Present--Mayor Brady, Council Members Deich, Hammei, Klauer, Klnasner, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Counsel Harley F. Stark, Jr. Absent--Council Member Bour- skens. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council called for the pur- pose to act upon such business which may properly come before the Council. Invocation was given by Eugene Zirker, Bishop of the Church of Jesus Christ of Latter Day Saints. PROCLAMATIONS: June 14 through July 4, 1982 as "Period to Honor America"; September 7, 1982 as "Peace Day"; Week of June 13th as "Boat Safety Week" received by Dick Sullivan. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to consider amending Zoning Ordinance to establish zoning districts for the territory known as the "North Sector" involuntarily annexed, presented and read. There were no written objections received. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Klouer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Hammei, Klauer, Kluesner, Kronfeldt. Nays--None. Absent--Council Member Beur- skens. An Ordinance Amending Zoning Or- dinance to amend the Zoning Map with regard to properties in the North Sector of the territory involuntarily annexed to the City of Dubuque, said Ordinance having been presented and read at the Council Meeting of May 3, 1982, presented for final adoption. Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas--Council Members Klauer and Kluesner. Nays--Mayor Brady, Council Mem- bers Deich, Hammel, Kronfeldt. Absent--Council Member BOUr- MOTION FAILED TO PASS. Proof of publication, certified to by the PubUsher, of Notice of PubUc Hearing to consider amending Zoning Ordinance for properties adjacent to the North Sector, presented and read. There were no written objections received. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Klauer, Kluesner, Kroufeidt. Nays--None. Absent--Council Member Beur- skens. An Ordinance Amending the Zoning Map with regard to properties adja- cent to the North Sector in the City of Dubuque, said Ordinance having been presented and read at the Council Meeting of May 3, 1982, presented for final adoption. Council Member Hammei moved final adoption of the Ordinance. Seconded by Council Member Kronfeidt. Vote on the motion was as follows: Yeas--Courted Members Klauer and Kluesner. Nays--Mayor Brady, Council Mem- bers Deieh, Hammel, Kronfeidt. Absent--Council Member Beur- skens. MOTION FAILED TO PASS, Proof of publication, certified to by the Publisher of Notice of Public Hear- ing to consider amending Zoning Or- dinance providing for service vehicle parking as an accessory use and regulating the number and weight of the vehicles in a C-2 Local Service Commercial District (3033 Asbury, Group W), 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 Kronfeld~. Carried by the renewing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klauer,