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1982 September Council Proceedings336 Communication of Army Corps of Engineers advising of Public Hearing to be held on September 15th at the Julien Motor Inn regarding work in conjunction with the construction of wing dike and construction of closing dike on the left descending bank of the Mississippi River near Cassvllle, WI, presented and read. Council Member Hummel moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Notice of Army Corps of Engineers advising of proposal to authorize in- dividual activities under a general per- mit for the construction of boa; docks on the Mississippi River, presented and read. Council Member Hummel moved that the Notice be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting monthly reports of Finance Director and City Treasurer for month of July, 1982, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Klauer, Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Al Polsean, 3515 Crescent Ridge, jetted to zoning matters and heavy truck traffic. Jay Powers expressed appreciation for consideration given by council. There being no further business Council Member Beurskens moved to adjourn. Seconded by CounCil Member Eronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk SpecialSession, Au ust 23,1982 Approved Adopted ATTEST: Mayor Council Members City Clerk 1982 1982 Regular Session, September 6, 1982 CITY COUNCIL OFFICIAL Regular Session, September 6, 1982. Council Met at 7:30 p.m., Council Chambers, City Hall. No Members of the Council being present, the meeting was adjourned subject to call. Mary A. Davis City Clerk Approved ~1982 Adopted 1982 Mayor Council Members ATTEST: City Clerk 337 338 Adjourned Regular Session, September 7, 1982 CITY COUNCIL OFFICIAL Adjourned Regular Session. September 7, 1982. Council Met at 7:30 p.m., Council Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cot- potation Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the Ad- journed Regular Session of September 6~ 1982 called for the purpose to act upon such business which may proper- ly come before the Council. Invocatinn was given by Father Gregory Einck of St. ColumbkilIe's Church. Mayor Brady swore in Council Member Loras Kluesner as Mayor Pro-Tern. Proclamations: September 7th as "National Cancer Day"; Week of September 6 thru 11th as "Union Label Week" received by Walter Pregier. Councll Member Deich moved to suspend the rules to let anyone pre- sent address the Council if tbey so desire. Seconded by Councfl Member HammeL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publicatinn, certified to by the Publisher, on Notice of Public Hearing to consider Ordinance rezon- lng property at 2637 Windsor Ave. from R-3 Multi-Family Residential to C~i Commercial, presented and read. There were no written objections received and no oral objectors present at thc time set for the Hearing. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 50-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- lNG APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY RECLASSIFYING PRO- PERTY AT 2637 WINDSOR AVE. FROM R-3 MULTI-FAMILY RESIDENTIAL DISTRICT CLASSIFICATION TO C-1 COM- MERCIAL DISTRICT CLASSIFICATION, said Ordinance having been presented and read at the Council Meeting of Aug. 16. 1982, presented for ritual adoption. ORDINANCE NO. 50-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVID- ING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA", BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 2637 WINDSOR AVENUE FROM R-3 MULTI- FAMILY RESIDENTIAL DIS- TRICT CLASSIFICATION TO C-1 COMMERCIAL DISTRICT CLAS- SIFICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", to reclassify hereinafter described property from "R-3 Multi-Family Residential Dis- trict" classification to "C-1 Commer- cial District" classLacation, to wit: Lot 5 of the Subdivision of Lot I of Lot 5 of the Subdivision of Lots 11, 12, and 13 of Northeast One Quarter of Section 13, Township 89 North, Range 2 East of Fifth Principal Meridian, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. PASSED, APPROVED AND ADOPTED this 7th day of September, 1982. James E. Brady MAYOR Adjourned ]Regular Session, September 7, 1982 339 ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 13th day of September, 1982. Mary A. Davis City Clerk it 9/13 Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing for intention to issue Health Care Revenue Bonds (Martin Luther Home Project) in an amount not to ex- ceed $2,000.000, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 237-82 Resolution to Proceed with the Is suance and Sale of Health Care Revenue Bonds Series 1982 (Martin Luther Home Project) in an Aggregate Principal Amount Not to Exceed WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer") is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- structinn or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for use as health care facilities or any housing unit or complex for the elderly or han- dicapped, and WHEREAS, the Issuer has made the necessary arrangements with Mar- tin Luther Home (the "Company"), an Iowa non-profit corporation, for its ac- quisitinn by construction or purchase of buildings, equipment and im- provements suitable for use in the ex- pansion of the Company's existing health care facility and for a housing complex for the elderly (the "Project") to be located within the Issuer which will provide additional health care and medical care services for the in- habitants of the Issuer, and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Health Care Revenue Bonds, Series 1982 (Martin Luther Home Project) of the Issuer in an ag- gregate principal amount not to ex- ceed $2,000,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, the obliga- tion of which will be sufficient to pay the principal of the interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the fime and place as specified in said notice and ali objec- tions or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section 1. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the bonds as authorized and permitted by the Act to finance the cost of the Project, and such aetlons will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds. Section 2. The Issuer will enter into all agreements necessary to be entered into by the Issuer in connection with the issuance and sale of the bonds. The City Attorney shah approve all agreements to be entered into in con- nection with the issuance of the Bonds and such agreements shall be authoriz- ed and approved by the C~ty Council of the Issuer after due consideration prior to their execution by the Issuer. Section 3. The Mayor, the City Clerk 340 Adjourned Regular Session, Se and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Pro- jeer and the issuance and sale of the Bonds. Section 4. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon its passage and approval Passed and approved this 7th day of September, 1982. James 1~. Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal) Council Member Khiesner moved adoption of the Resolution, Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel KIauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to b~ the Publisher, on Notice of Publi~ Hearing for intention to issue Clluic Revenue Bonds (Mercy Clinic Project) in amount not to exceed $6,000,000.00, presented and read. There were no written objections received. Edna Thompson, 1669 Washington, requested information as to how this project would affect Finley Hospital and stated that as an employee oi Mercy, Council Member Beurskens should be removed from voting on this matter. Council Member Hammel moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Deich Hammel, Kiauer, Kronfeldt. Nays--Mayor Brady, Council Mem ber Kluesner. Abstain--Council Member Beur- skens. RESOLUTION NO. 238-82 Resolution to Proceed with the Is- suance and Sale of Clinic Revenue Bonds, Series 1982 (Mercy Clinic Pro. ject) in an Aggregate Principal Amount Not to Exceed $6,000,000. WHEREAS, the City of Dubuque~ Iowa, in the County of Dubuque, State ~tember 7,1982 of Iowa (the "Issuer"), is an incor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by con- structlon or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for use as voluntary nonprofit hospital or clinic; and WHEREAS, the Issuer has made the necessary arrangements with The }raham Group for its acquisition by construction or purchase of land, buildings, equipment and ira- ~rovements, or any interest therein (the "Project") to be located within the Issuer, to be leased to physicians' groups and other ancillary health set- vice professions and providers, which will provide additional health care ser- vices for the inhabitants of the Issuer, and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Clinic Revenue Bonds, Series 1982 (Mercy Clinic Project) of the Issuer in an aggregate principal amount not to exceed $6,000,000 (the "Bonds") and to loan said amount to a limited partnership in which The Graham Group is the general partner or a corporation controlled by The Graham Group (the "Company") under a Loan Agreement between the Issuer and the Company, the obliga- tion of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objec- tions or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section 1. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by th~ Act to finance the Adjourned Re cost of the Projec~ and such actions will be taken by the lssuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds. Section 2. The Issuer will enter into all agreements necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. The City Attorney shall approve all agreements to be entered into in con- nection with the issuance of the Bonds and such agreements shall be authoriz~ ed and approvsd by the City Councilor the Issuer aft~r due consideration prior to their execution by the Issuer. Section 3. The Mayor, the City Clerk and tbs City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Pro- ject and the issuance and sale of the Bonds. Section 4. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon its passage and approval Passed and approved this 7th day of September, 1982. James E, Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Haramel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Council Members Deich, Hammel, Klauer, Kronfeldt. Nays--Mayor Brady, Council Mem- bet Kluesner. Abstain--Council Member Beur- skens. Council Member Deich moved to table Item #1 on the Agenda until after the disposition of Agenda Item #2. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. Petition of Telegraph Herald re- questing Council adopt a Resolution officially designating the new bridge as the "Fr. Mazzuchelii Bridge"; Peti- tion of Fr. Wilkie requesting to ad- dress the Council relating to the nam- ing of the newly opened highway bridge; Communications of Pat Richardson and James Richardson ex- pressing support for naming the new bridge in honor of Fr. Mazzucheli~ presented and read. John "Jac" Tilton, Promotion Direc tor of the T-H, stated they had a con- ular Session, September 7, 1982 341 test with the intent to let people in the area got a chance to vote on a name for the new bridge. Father Wm. Wlikie, representing a group of citizens, requested Council consider the name "Mazzuchelli" and presented a picture of the view of the city/bridge/river taken from his view- point at Loras. Bert Vogel, 805 Euclid St., Sister M. Nona McGreal, O.P., Raymond Swift of Benton, Wisconsin and Doug Hilby, 2276 Woodlawn, spoke in favor of naming the newly constructed bridge "Fr. Mazzuchelii Bridge". Bernadette Hilby, 2276 Woodlawn and Auleen Eberhardt, stated they had personal communication with an Iowa DOT representative, and he stated that the Council could recom- mend a name for possible designation. Mary Hutchcroft, 1210 Rhomberg, winner of the T-H contest, was of opi- nion that the City owed something to Fr. Muzzachelll. Mayor Brady questioned if the City had authority to name bridge; of opi- nlon we do not. Council Member Harnmel moved that the petitions and conununicatinns be received and filed and request denied. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Petition of Msgr. Sigwarth et al (15 signers) requesting Council adopt an Ordinance designating City Island as "Chaplain Schmitt Memorial Island", presented and read. Jim Reynolds, Attorney at Law, 440 Summer Dr., representing individuals listed on the petition, spoke to the petition stating they have formed a non-profit group to take care of Resolution No. 76-80 and requesting approval of the erection of a marker bearing the name Schmitt Island as set out in the detailgd drawings. Council Member Deich moved that the petition be received and filed and referred to the Dock Board and City Manager. Seconded by Council Member Kronfeldt. Council Member Kronfeldt moved to amend the motion officially designating Hamm Island as Chaplain Schmitt Memorial Island. Seconded by Council Member Hammel. Vote on the amendment was as renews: Yeas--Mayor Brady, Council Mem- bers Hammel, Kronfeldt. Nays--Council Members Deich, Klauer, Kluesner, Beurskens. MOTION FAILED. Vote on the original motion was as follows: Yeas--Mayor Brady, Council Mem- 342 Adjourned Regular Session, S~ bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting an ordinance providing for the installation of a four-way stop at the intersection of Lincoln Ave. and Knlest St., presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 51-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCE, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25-210 SUBSECTION (b) OF SAID CODE: PROVIDING THAT THOSE INTERSECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "STOP IN- TERSECTIONS'' FOR ALL PUR- POSES OF THIS SECTION. VEHI- CLE BOUND IN THE DIRECTION INDICATED MUST STOP BEFORE ENTERING THE DESIGNATED IN- TERSECTION, presented and read. Council Member Deich moved that this reading be considered the first reading of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Deich 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 Kronfeidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel Klauer, Kluesner, Kronfeidt. Nays--None. ORDINANCE NO. 51-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25.210 SUBSECTION (b) OF SAID CODE: PROVIDING ,tember 7, 1982 THAT THOSE INTERSECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "STOP INTER- SECTIONS" FOR ALL PURPOSES OF THIS SECTION. VEHICLES BOUND IN THE DIRECTION INDICATED MUST STOP BEFORE ENTERING THE DESIGNATED INTERSECTION. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by adding a new subset- tion to Section (b) of Section 25-210 to read as follows: Section 25-210 (b) Those intersections designated are hereby declared to be "Stop Intersec- tions'' for all purposes of this section. Vehicles bound in the direction indi- cared must stop before entering the designated intersection. EASTBOUND AND WEST- BOUND Lincoln Avenue and Kniest Street Section 2. That all Ordinances in con- fiict with this Ordinance be and they are hereby repealed. PASSED, APPROVED AND ADOPTED this 7th day of September, 1982. James E. Brady MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 13th day of September, 1982. Mary A. Davis It 9/13 City Clerk Council Member Deich moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delnh, Hammel, Klauer, Khiesner, Kronfeidt, Nays--None. Communication of City Manager re questing acceptance of Warranty Deed for parcel of property acquired for the East 11th Street Project, presented and read. COUncil Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner,,Kronfeldt. Nays--None. Adjourned Re RESOLUTION NO. 239-82 WHEREAS, the City of Dubuque, Iowa, has acquired the real estate hereinafter described from Sunny, In- corporated; and WHEREAS, said persons have delivered Warranty Deed conveying real estate to the City of Dubuque, Iowa, described as: Lot 2 of City Lot 269 in the City of Dubuque, Iowa; and WHEREAS, said delivery of Deed, dated June 30, 1982, by said persons to the City of Dubuque, Iowa, should be accepted. NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, I0wa: Section 1. That the delivery ora Wa~ ranty Deed by Sunny, Incorporated, dated June 30, 1982, conveying to the City of Dubuque, Iowa, the hereinabove described real estate, be and the same i~ hereby accepted, Section 2. That the City Clerk be and is hereby authorized and directed to cause sc~id Warranty Deed to be record- ed in the Office of the Dubuque County Recorder together with certified copy of this Resolution. Section 3. That the City Clerk be and is hereby directed to forward a tiffed copy of the Resolution to the Dubuque City Assessor and the Dubu- que County Auditon Passed, adopted and approved this 7th day oI September, 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 Brady, Council Mem- bets Beurskens, Delch, Hammel Klauer, Khiesner, Kronfeidt. Nays--None. Communicatlnn oI City Manager submitting Ordinance providing for correction of Ordinance No. 40-82 by replacing proper Section of the Code presented and read. Council Member Klauer moved tha the communication be received and filed. Seconded by Council Member Kronfeidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- ular Session, September 7, 1982 343 bets Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 52-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, REPEALING ORDINANCE NO. 40-82, AND PRO. VIDING THAT THE CODE OF OR- DINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SECTION 25-183, SUBSECTION (3) AND SUBSEC- TION (4) OF SAID CODE: PRO- VIDING UPON THOSE STREETS AND PARTS OF STREETS AND IN ALLEYS DESIGNATED AS ONE- WAY STREETS AND SIGNPOSTED FOR ONE-WAY TRAFFIC, VEHICLES SHALL BE DRIVEN ONLY IN THE DIREC- TION DESIGNATED, presented and read. Council Member Klauer moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kronfeidt. Car- tied by the following vgte: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeidt. Nays--None. Council Member Klauer moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeidt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 52-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, REPEALING ORDINANCE NO. 40-82, AND PRO- VII)lNG THAT THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING SECTION 25-183, SUBSECTION (3) AND SUBSEC- TION (4) OF SAID CODE: PROVID- lNG UPON THOSE STREETS AND PARTS OF STREETS AND IN ALLEYS DESIGNATED AS ONE- WAY STREETS AND SIGN- POSTED FOR ONE-WAY TRAFFIC, VEHICLES SHALL BE DRIVEN ONLY IN THE DIRECTION DESIGNATED. WHEREAS, Ordinance No. 40-82 incorrectly describes the Section of the City Cede of Ordinance~ relating to 344 Adjourned Regular Session, Se one-way streets as Section 25-182; and WHEREAS, the correct Section of the City Code of Ordinances relating to one-way streets is Section 25-183. NOW, THEREFORE, BE ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Ordinance No. 40-82 be and is hereby repealed. Section 2. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by adding a new Subsec- tlon to Subsection 3 of Section 25-183 to read as follows: Section 25-183. Upon those streets and parts of streets and in those alleys designated ~s one-way streets and sign- posted for one-way traffic, vehicles shall be driven only in the direction designated. (3) Westerly Traffic shall move westerly only: On Eleventh Street, East, from Kerper Boulevard to Central Ave- hue. Section 3. That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by revising the Subsection on Ninth Street in Subsection 4 of Section 25-183 to read as follows: Section 25-183. Upon those streets and parts of streets and in those alleys designated as one-way streets and sign- posted for one-way traffic, vehicles shall be driven only in the direction designated. (4) Easterly. Traffic shall move east- erly only: On Ninth Street, West, from Locust Street to Central Avenue. On Ninth Street, East, from Central Avenue to Kerper Boulevard. Section 4. That all Ordinances in conflict with this Ordinance be and they are hereby repealed. PASSED, APPROVED AND ADOPTED this 7th day of September, 1982. James E. Brady MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Hernid newspaper this 13th day of September, 1982. Mary A. Davis City Clerk Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel ~tember 7, 1982 Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Fiscal Year 1982 Street Finance Report, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. RESOLUTION NO. 240-82 Resolution Approving the City of Dubuque, Fiscal Year 1982, Street Finance Report BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section L That the Street Finance Report, for the period July 1, 1981, to June 30, 1982, be and the same is hereby approved, and that the City Clerk is hereby authorized and directed to file said report with the lows Department of Transportation~ on or before September 10, 1982. Passed, adopted and approved this 7th day of September, 1982. James E. Brady Mayor 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 Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution authorizing publication of the Environmental Fin- ding for the UDAG FDL Foods, Inc., Project, 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 Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 242-82 A Resolution Authorizing Publication of Notice of Environmental Review Findings Ior Certain Community Adjourned Regular Session, September 7, 1982 345 Development Block Grant Project WHEREAS, Pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Ur- ban Development, environmental review has been processed for the pro- ject hereinafter to be described to be financed with Urban Development Ac- tion Grant funds; and WHEREAS, an Ad Hoc Eh- vlronmental Review Committee has, after due consideration, made a deter- ruination that the project is not a ma- jor Federal action significantly affec- ting the quality of the human environ- ment; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project, and to make the Environmental Review Record for said project available for public inspeetion~ Such notice shall be in the form of Exhibit "A" hereto at- tached and made a part hereof FDL FOODS, INC. URBAN DEVELOPMENT ACTION GRANT PROJECT Passed, adopted and approved this 7th day of September, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re questing Mayor be authorized to ex- ecute application for additional units in the Section 8 Moderate Rehabilita- tion Program, 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 Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 241-82 Authorizing Mayor to Execute Ap- plication for Additional 50 Units of Section 8 Moderate Rehabilitation Housing and Approval of Amendment of Housing Assistance Plan WHEREAS, the City of Dubuque functions as a Public Housing Agency authorized by provisions of Chapter 403A of the 1966 Code of Iowa, as amended; and WHEREAS, the City of Dubuque and the United States Department of Housing and Urban Development have approved a Housing Assistance Plan for 1979-82 which calls for development of additional Section 8 Moderate Rehabilitation units; and, WHEREAS, the United States Department of Housing and Urban Development has urged the City of Dubuque to file an application for up to 50 Section 8 Moderate Rehabilita- tion units as soon as possible, but no later than September 15, 1982; and WHEREAS, the 1982 City of Dubu- que Housing Strategy recommends ex- pansion of the Section 8 Moderate Rehabifitation Program in Dubuque because the Program is "especially well suited to alleviate problems of ob- solescense and deferred maintenance in Dubuque's rental housing stock;" and, WHEREAS, the Housing Assistance Plan requires amendment in order to comply with said Housing Strategy and to permit application for additional Section 8 Moderate Rehabilitation Units in excess of the residual goals allowed by the Plan; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council ap- proves the submission of an applies- tion for 50 additional units of Section 8 Moderate Rehabilitation Housing. Section 2. That the City Council directs the Mayor to execute the ap- plication for 50 additional Section 8 Moderate Rehabilitation units. Section 3. That the City of Dubuque Housing Commission is directed to provide a public notice of and conduct a public hearing regarding this appli- cation at their next regular meeting 346 Adjourned Regular Session, and report the results to the City Coun- cil Section 4. That the Director of Com- munity Development is directed to tot- ward said application to the U.S. Department of Housing and Urban Development on or before September 15, 1982. Section 5. That the City Council directs that the Rental Assistance Pow tion of the Housing Assistance Plan be revised to transfer New Construction Goals to the Rehabilitation and Ex- isting Housing Sections in compliance with the 1982 Housing Strategy. Section 6. That the Director of Com- munity Development is directed to submit the amended Housing Assistance Plan to the U.S. Depart- ment of Housing and Urban Develop- ment and schedule Public Hearings on the amendment in accordance with the Community Development Block Grant Citizen Participation Plan. Passed, adopted and approved this 7th day of September, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deinh, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication 0f City Manage' submitting a Resolution providing for certifying delinquent sewer accounts to the County Treasurer, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deinh, Hammel Klauer, Kluesner, Kronfeidt. Nays--None. RESOLUTION NO. 243-82 Resolution Authorizing the Cnllectlm of Delinquent Sewer Accounts in Ac- I cordance with Sections 36-55 and 36-59 [ of the Code oI Ordinances of the City I of Dubuque, Iowa [ WHEREAS, Section 36-55 of the~ Code of Ordinances authorizes the! City to levy and collect just and equit-I ~tember 7, 1982 able charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the sanitary sewer system, and WHEREAS, Section 36-59 of the Code of Ordinances provides that the City shall have a lien upon the real pro- perty served by the sanitary system for all delinquent rates and charges, and WHEREAS, said delinquent sewer charges shall be certified by the City Clerk to the County Treasurer, and same shall then be collected with, and in the same manner as, general proper- ty taxes, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the person named hereinafter, owning the following described property, has unpaid charges in the amount set out, and that said charges are delinquent. Mary G. Corel~ 1460 Miller Road (Owner) Lot 1.1-1-2-1-1-1-1-1-1-1 Mineral Lot 499 (6-1&l-18) $208.61 Section 2. That the City Clerk be and is hereby ordered and directed to ce~ tify to the County Treasurer of Dubu- que County, Iowa, that the person named herein is delinquent in the pay- ment of sewer charges in the amount set aside of the name, and that said delinquent sewer charges shall be col- lectod in the same manner as general property taxes against the parcel of property set opposite the name of the property owner. Section 3. That the delinquent sewer charges be and the same shall be col- lected with, and in the same manner as, general property taxes as is provid- ed by law. Passed, adopted and approved this 7th day of September, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Adjourned Re Boards and Commissions: Michele Hoffman-Attaway submlttmg resigna- tion from Cable Teleprogramming Commission; David J. Arnold submit- ting resignation from TV Regulatory Commission and requesting appoint- ment to the Tele-Programming Com- mission; Ann Smith submitting resignation from Civil Service Com- mission effective September 30, 1982,' presented and read. Council Member Klauer moved that the resignations be accepted with regret. Seconded by Council Member Beurskens. Carried by the following vote~ Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Business Licenses: Clarke College re- questing transfer of Beer Permit to their Parking Lot on September llth, presented and read. Council Member Deich moved ap- proval of the transfer. 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. 244-82 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 "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Happy's Place, Inc. 2323 Rockdale (Also Sunday Sales) Tom H. Wilcox 1604 Central (Sunday Sales Only) Zella E. Mangeno 1322 Central (Sunday Sales Only) Roger M. Beck 2776 Jackson (Also Sunday Sales) Passed, adopted acqd approved this ular Session, September 7, 1982 347 7th day of September, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Minutes Submitted: Airport Comm. of 8-17; Five Flags Conm~. of 8-16; Historic Pres. Comm. of 8-24; Human Rights activities for month of July; Park and Rec. Comm. of 7-12 and 8-16; Transit Bd. Earnings Statement for month of July, 1982; Civil Service Comm. of 6-9, 7-6 and 8-24; Housing Comm. of 8-17; presented and read. Council Member Kronfeldt moved that the minutes be received and flied. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Board of Trustees submitting their financial reports of the City of Dubuque Fire Pension Fund and the Fire Retirement System and Police Pension Fund and Po]ice Retirement System for the year ending June 30, 1982, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- mg vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Phone A Friend, Inc., submitting their Annual Report for year ending June 30, 1982, presented and read. Council Member Kronfoldt moved that the Report be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kkiesner, Kronfeldt. Nays--None. Fire Dept. submitting their Annual Report for Fiscal Year 1982, presented and read. 348 Adjourned Regular Session, Council Member Kronfeldt moved that the Report be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kinesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Wm. Gart her vs. Deere & Co., City of Dubuque et al, for personal injuries in amt. of $1,250,000 and additional cost; Elmer P: Peterson (on behalf of son, Chris- tian) in amt. of $78.40 for personal in- juries; Charles J. Smith, in the amt. of $1,507.81 for car damages and per- sonallnjuries; Robert J. Russell, in the amt, of $1,500,000.00 due to construc- tion negligence; Judy A. Garner in unknown amt. for personal injuries; presented and read. Council Member Kronfeldt moved that the claims and suits be referred to the Corporation Counsel for investiga- tion and report. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recommending settlement of auto damage claim of Allan Jones in the amt. of $50, presented and read. Council Member Kronfeldt moved that the settlement be approved and Finance Director to issue proper check. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskons, Deinh, Hamme] Klauer, Klaesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recommending denial of auto damages claim of Mark Allan Schmer- bach, presented and read. Council Member Kronfeldt moved that the communication be received and filed and denial approved. Second- ed by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Filing of the final plat and schedule of assess- ment for the construction of the Cres- cent Ridge Sanitary Sewer Project, presented and read. ,tember 7, 1982 Council Member Kronfeldt moved that the proof of publication be recelv- ed and filed. Seconded by Council Member Klauer. Carried by the Iollow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Certificate of City Clerk advising final levy notices were sent by Cer- till. ed Mail to known property owners regarding the assessment of the Cres- cent Ridge Sanitary Sewer, presented and read. Council Member Kronfeldt moved that the certificate be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel submitting comments regar- ding street assessment for the Dubu- que Golf and Country Club, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskons, Deich, Hammel, Kloner, Kluesner, Kronfeldt. Nays--None. Proof of Publication, certified to by the Publisher, of various Notices regarding the A.Y. McDonald Co. - Notice of Intent to Release Funds for Construction Project; Notice of Finding of No Significant Effect on the Environment for Land Acquisition Project; Notice of Intent to file r~- quest for release of Block Grant Funds for Land Acquisition Project, presented and read. Council Member Kronfeldt moved that the proof of publication be receiv- ed and flied. Seconded by Council Member Kinuer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mom- bets Beurskens, Deich, Hammel, Kinuer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of List of Claims and Receipts for the month of July, 1982, presented and read. Council Member Kronfeldt moved Adjourned Re that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Wm. (Tony) Urbain re questing refund of $422.50 on unex- pired Liquor License (The Tunnel, 2186 Central Ave.), presented and read. Council Member Kronfeldt moved that the refund be approved and Finance Director directed to issue pro- per check. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel Klauer, Kinesner, Kronfeldt. Nays--None. Civil Aeronautics Bd. advising addi tional thirty day period for Ozark Air Lines to furnish service to Ft. Dodge and Mason City (through Sept. 30, 19824 presented and read. Council Member Kronfeldt moved that the Notice be received and filed. Seconded by Council Member Klauor. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Corps of Engineers advising of per. mits processed by them for the discharge of dredged or fill material in- to the waters of the United States at specified disposal sites, presented and read. Council Member Kronfeldt moved that the Notice be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskons, Deinh, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Corps of Engineers advising that the meeting of Sept. 15, 1982, scheduled for Dubuque, has been cancelled, presented and read. Council Member Kronfeldt moved that the Notice be received and filed. Seconded by Council Member Klauer. Carried by the foilowlng vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klauer~ Kluesner, Kronfeldt. Nays--None. ular Session, September 7, 1982 349 Communication of Charles R. Gilliam objecting to upcoming expen- diture for a Corridor Study on the pro- posed Cedar Cross Extension, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- hag vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Delos Dorweiler re- questing enforcement of Noise Or- dinances, presented and read. Council Member Kronfeldt moved that the petition be received and filed and City Manager directed to respond. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kinuer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager in- forming of incompleted Fiscal Year 1982 Capital Projects which will be carried forward into Fiscal Year 1983, presented and read. Council Member Kronfeldt moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Conununication of City Manager submitting response to petition of James Gruber for repairs to Brueck Rd. and advising of action to be taken. presented and read. Council Member Kronfetdt moved that the communication be received and flied. Seconded by Council Member Klauer. Carried by the follow~ hag vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. There being no further business, Council Member Klauer moved to ad- journ. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. 350 Adjourned Regular Sessi°n' Se ~tember 7' 1982 Nays--None. Mary A. Davis City Clerk Approvedp __1982 Adopted _ __1982 Mayor Council Members ATTEST: City Clerk Special Session, September 13,1982 CITY COUNClLr OFFICIAL Special Session, September 13, 1982. Council Met at 7:30 p.m., Auditorium of Public Library. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider a Resolu- tion authorizing the issuance di $4,300,000 of Industrial Development l Revenue Bonds to A.Y. McDonald Mfg. Co. and approving other documents relating to the sale of said bonds, and acting upon such business which may properly come before the Council. Invocation was given by Fr. Mark A. Ressler of Wahlert High School. Proclamation: "Trick or Treat Night" proclaimed for Sunday, Oc- tober 31, 1982. Council Member Kinesner moved to suspend the rules to let anyone pre- sent address the Council if they should so desire. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Beurskens. RESOLUTION NO. 245-82 Resolution Authorizing the Issuance of $4,300,000 of Industrial Develop- ment Revenue Bonds (A.Y. McDonald Mfg. Co. Project) Series 1982 of the City of Dubuque, Iowa, for the Pur- pose of Financing the cost oI Acquit- hag, Constructing and Equipping In- dustriai Facilities for Use by A.Y. McDonald Mfg. Co., the Execution and Delivery of an Indenture of Trust to Secure Said Bonds, the Execution and Delivery of a Loan Agreement with A.Y. McDonald Mfg. Co., and the Sale of Said Bonds and Related Mat- ters. WHEREAS, the City of Dubuque, in the County of Dubuque. State of Iowa Ithe "City"), proposes to assist A.Y. McDonald Mfg. Co., an Iowa cor- potation Ithe "Company"), in financ- ing the acquisition, construction and equipping of industrial facilities (the "Project"), by issuing its Industrial 351 Development Revenue Bonds (A.Y. McDonald Mfg Co. Project) Series 1982, in the principal amount of $4,300,000 (the "Bonds") and lending the proceeds thereof to the Company to finance part of the cost of the Pro- iect, all in accordance with the provi- sions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act"); and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as re- qui~ed by Section 419.9 of the Act, and this City Council deems it necessary and advisable to proceed with the is- suance of the Bonds; and WHEREAS, arrangements have been comploted for the sale of the Bonds; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. Authorization of $4,300,000 Industrial Development Revenue Bonds. In order to finance part of the cost of acquiring the pro- ject, there are hereby authorized to be issued, sold and delivered $4,300,000 aggregate principal amount of In- dustrial Development Revenue Bonds (A.Y. McDonald Mfg. Co. Project) Series 1982 of the City (the "Series 1982 Bonds''). It is hereby recognized that pursuant to the terms of the Loan Agreement any balance of the cost of the Project will be paid for by the Com- pany unless paid for out of the pro- ceeds of additional parity bonds (the "Additional Bonds") as identified in the Indenture, and that The First Ns- t~onal Bank of Chicago, (the "Bank") will deliver its irrevocable letter of credit (the "Letter of Credit'') to the Trustee for the benefit of the Series 1982 Bondholders which may be drawn upon to provide for the full and prompt payment when due of principal, premium, if any, and interest on the Series 1982 Bonds. Section 2. Definitions. In addition to the words and terms defined in this Resolution, the words and terms used in this Resolution shall have the mean- ings set forth in the Indenture and the use lindieates another or different meaning or intent and the form of the Series 1982 Bonds and the forms of the Loan Agreemen~ Indenture, and Mow 352 Special Session, Se ,tember 13, 1982 tgage and Security Agreement, which forms are before this meetings, are hereby incorporated by reference in thi sResolution and the city Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 3. Terms for the Series 1982 Bonds. The total principal amount of Series 1982 Bonds that may be issued is hereby expressly limited to $4,300,000, provided, however, that Ad- ditional Bonds may be issued ~s hereinafter provided. The Series 1982 Bonds shall bear in- terest at the rates set forth on the cover page of the Proof of the Offering Ci~ eular approved in Section 8 hereof and shall mature serially on September 1, 1984 through 1992. The Bonds shall be in substantially such form, have such provisions, and be subject to redemption prior to maturity upon the terms and as pro- vided in the Indenture. The Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual signature of the City Clerk and shall have impressed or printed thereon the corporate seal of the City. The coupons attached to the Bonds, if any, shall be executed by the fac- similes of the official signatures of the Mayor and City Clerk and such fac- simile on any Bonds or coupons shall have the same force and effect as if manually signed by such officer. The Bonds, together with interest thereon, shall be limited obligations of the City payable solely from the revenues and other amounts derived from the Loan Agreement (except w the extent paid out of moneys attributable to the Bond proceeds or the income from the tern- porary investment thereof or from amounts received pursuant to the Mor- tgage) and shall be a valid claim of the respective holders thereof only against the Bond Fund created under the In- denture and other moneys held by the Trustee, which revenues and other amounts shall be pledged and secured under the Indenture for the equal and ratable payment of the Bonds and shall be used for no other purpose than to pay the principal of, premium, if any, and the interest on the Bonds, except as may be otherwise expressly authorized in the Indenture. The Bonds and the interest thereon shall never constitute a charge against the general credit or taxing power of the City. In case any officer whose signa- ture or facsimile of whose signature shall appear on the Bonds or coupons shall cease to be such officer before the delivery of such Bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Section 4. Additional Bonds. The City may authorize the issuance GlAd- ditional Bonds upon the terms and ~onditions provided in the Indenture and the Loan Agreement. All Addi~ tional Bonds shall be of the same rank as the Series 1982 Bonds, but shall bear such date or dates, bear such interest rate or rates, have such maturity dates, redemption dates and redemp- tion premiums, and be issued at such prices as shall be approved in writing by the City and the Company; provid- ed that Additional Bonds shall not be secured by the Letter of Credit. Section 5. Sale of the Series 1982 Bonds. The Mayor and City Clerk of the City are hereby authorized and directed to sell the Series i982 Bonds pursuant to and upon the order of the Underwriter named in that certain Bond Purchase Agreement dated Septomber13, 1982, at a priee of 96% of par, plus accrued interest from September 1, 1982 to the date of delivery. The Mayor is hereby authorized to execute, and the City Clerk is hereby authorized to attest, such Bond Purchase Agreement with the Underwriter providing for the sale of the Series 1982 Bonds on terms eon- sistent with this Resolution, and the City Clerk is hereby directed to insert a copy of the Bond Purchase Agreernen t, in the form submitted to this meeting and approved hereby, in the records of this City Council and to certify thereon that the same is the form of such in- strument submitted to this City Coun- ci~ approved hereby, and identified herein as the Bond Purchase Agree- ment, and to keep the same on file. The Bond Purchase Agreement shall be ex- ecuted in substantially the form sub- mitted to this meeting with such changes as are approved by the of- ricers executing it, their execution to constitute conclusive evidence of such approval. Section 6. Indenture. In order to secure the payment of the principal of and interest on the Bonds, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the City, an Indenture of Trus~ herein identified as and called the Indenture, in substantially the Special Session, September 13, 1982 353 form submitted to this City Counci~ which is hereby approved in all respects; and the Clerk is hereby directed to insert a copy thereof in the form submitted to this meeting and ap- proved hereby, in the records of this City Council and to certify thereon that the same is the form of lndenture so submitted to this City Council and approved by this Resolution and iden- tified herein as the Indenture and to keep such Indenture on file. The Trustee under the Indenture shall be Bankers Trust Company, Des Moines Iowa, and such successors as may thereafter be appointed pursuant to the Indenture. Section 7. Loan Agreement. In order to provide for the loan of the proceeds of the Bonds and provide for repay- ment of such loan in amounts suffi- eient to pay the principal of the premium, if any, and interest on th~ Bonds, the Mayor and City Clerk s~ail execute, acknowledge and deliver in the name and on behalf of the City a Loan Agreement, herein identified as and called the Loan Agreemen~ in substantially the form submitted to this City Counci~ which is hereby ap- proved in all respects; and the City Clerk is hereby directed to insert a copy of the Loan Agreement in the form submitted to this meeting and ap- proved hereby, in the records of this City Council and to certify thereon that the same is the form of Loan Agreement submitted to this City Council and approved by this Resola- tion and identified herein, as the Loan Agreement, and to keep such Loan Agreement on file. Section 8. Offering Circular. The City Council hereby approved the form and use of the Preliminary Offering Circular dated August 30, 1982, herein identified and called the Preliminary Offering Circular, which is before this meeting; the City Clerk is hereby directed to insert a copy of the Preliminary Offering Circular in the form submitted to this meeting and hereby approved in the records of this City Counei~ and to certify thereon that the same is the form of Preliminary Offering Circular so sub- mitred to this City Council and ap- proved by this Resolution. The use of the Preliminary Offering Circular by the Underwriter is hereby ratified and approved. In order to complete sale of the Series 1982Bonds to the pubile, the City Council hereby approves the Of- fering Circular herein identified and called the Offering Circular; said Offer- lng Circidar shall be in substantially the form of the Proof of the Offering Circular dated September 13, 1982 which is before this meeting with the date, bond rating, and bond delivery date to be inserted upon the issuance of the rating by Standard & Poor's Cor- potation; the City Clerk is hereby directed to insert a copy of the Offering Circular in the form submitted to this meeting and hereby approved in the records of this City Counci& and to tify thereon that the same is the form of Offering Circular so submitted to this City Council and approved by this Resolution. The Underwriter is hereby authorized to distribute such final Of- fering Circular in conjunction with the sale and delivery of the Series 1982 Bonds. Section 9. Inducement Letter. In order to indemnify the City against pecuniary liability in the offer, is- suance and sale of the Series 1982 Bonds, the Mayor is hereby authorized to accept and execute the Inducement Letter dated September 13, 1982 from the Company and the Bank to the City and the Underwriter, herein identified and called the Inducement Letter, in substantially the form submitted to this City Counci~ and the City Clerk is hereby directed to insert a copy of the Inducement Letter in the form submit- ted to this City Council and approved hereby, in the records of this City Council and to certify thereon that the same is the form of Inducement Letter submitted to this City Council and ap- proved by this Resolution and iden- tiffed herein as the Inducement Letter, and to keep such Inducement letter on file. Section 10. General. The Mayor and City Clerk be and they are each hereby authorized and dlrectec~ in the name of and on behalf of the City to execute any and all instruments, perform any and all acts, approve any and all mat- ters, and do any and all things deemed by them, or any of them, to be necessary or desirable in order to carry out the purpose of this Resolution (in- eluding the preambles hereto), the is- suance and sale of the Series 1982 Bonds, and the securing of the Series 1982 Bonds under the Indenture. All documents before this meeting, including the Indenture, the Loan Agreemen~ the Mortgage and Seeuri- ty Agreemen$ the Bond Purchase Agreement, the Offering Circular and the Inducement Letter, are subject to completion in conformity with this Resolution. The Mayor and the City 354 Special Session, September 13, 1982 Clerk, and each of them, is hereby authorized to execute and deliver said Indenture, Loan Agreement, Bond Purchase Agreement and Inducement Letter, in substantially the forms of said documents before this City Coun- ci~ on behalf of the City, with such changes therein as such officials with the advice of counsel may determine, as conclusively evidenced by his ex- ecution thereof, to be advisable and in the best interest of the City and in con- refinance with this Resolution. Section 11. Separability. The provi; sions of this Resolution are hereby declared to be separable and if any sec- tion, phrase or provision shall for any reasvn be declared invalid, such declaration shall not affect the validity of the remainder of the section~ phrases or provisions. Section 12. Effective Date. This Resolution shall become effective ira- mediately upon its passage and ap- proval Moved by Council Member Klauer to adopt. Seconded by Council Mem- bre Kluesner. Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammci Klauer, Kluesner, Kronfeldt. Nays--None. Absent--None. Passed and approved this 13th & of September, 1982. James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Council Member Klauer moved adop- tion of the Resolution. Seconded ~ Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Petition of Attorney A1 Hughes representing owners of the Don Apart~ merits, requesting Council direct the Planning and Zoning Comm. to make whatever amendments or corrections necessary to place the Don Apar~ merits located at 1717 Kane St. in the conforming status they had prior to adoption of Zoning Ordinance in 1975, and Communication of L. J. Schilte submitting a statement on non- conforming use relative to the Don Apts. at 1717 Kane St., presented and read. L. J. Schlitz, owner of the Don Apts. read communication as presented. Council Member Hammel moved that the petition and communication be received and filed and Planning and Zoning to correct the zoning status back to what it had been before the 1975 zoning. Seconded by Council Member Kronfeldt. After discussion, Council Member Beurskens moved to amend the mo- tion, moving just to refer the matter to the Planning and Zoning Commission. Seconded by Council Member Deich. Vote on the Amendment: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer. Kluesner, Kronfeldt. Nays--Councli Member Hammel. Communication of Planning and Zoning advising of denial of request of Dale Winter to allow indoor co,miner- cial recreation establishments as Con- ditlonal Uses hi a C-2 Zoning District, presented and read. Council Member Hammel moved to receive and file the communication and concur with the denial. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deicb, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Beurskens. Communication of City Manager submitting Ordinance updating the City Code on Disaster Services, presented and read. Council Member Beurskens moved to receive and file the communication. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Khiesner. Nays--Council Members Hammel, Kronfledt. An ORDINANCE Amending Code of Ordinances by enacting a new Arti- cle II of Chapter 11 comprised of Sec- tions 11-16 through 11-23 in lieu thereof providing for a Joint County Muhicipal Administration for Disaster Services Purposes, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance, that the rule requiring an Or- dinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispens- ed with and moved final adoption of the Ordinance. Seconded by Council Special Session, September 13, 1982 355 Member Kluesner. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner. Nays--Council Members Hammel, Kronfeldt. MOTION FAILED TO PASS DUE TO LACK OF A SA VOTE. Council Member Kluesner moved that the reading just had be con- sidered the first reading. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--Council Member Hammel. Communication of City Manager re- questing concurrence that Loras Kluesner, as Mayor Pro Tern, be voting delegate to the League of Iowa Municipalities annual meeting, presented and read. Council Member Klauer moved that the communication be received and filed and request approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re. questing appointment of a Council Member to serve on the Dubuque County Land Preservation and Use Commission, presented and read. Council Member Hammel moved that the communication be received and filed and that Council Member Rhonda Kronfeldt be appointed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--None. Abstain--Council Member Kronfeldt. BOARDS AND COMMISSIONS: Airport Commission - Applicants: C.J. May, Jr. and W.J. Hanley. Council Member Beqrskens voted for May, Mayor Brady voted for neither, Council Member Deich voted for May, Council Member Hammel voted for May, Council Member Klauer voted for May, Council Member Kluesner voted for May, Council Member Kronfeldt voted for May. Therefore, C.J. May, Jr. reappointed to the Airport Commission for a six year term which wiil expire 9-14-88. TV Cable Regulatory Commission- Applicants: Thomas J. Churchill, Douglas Hilby, William A. Ternent. First Vote: Council Member Beur- skens voted for Ternent, Mayor Brady voted for Hllby, Council Member Deich abstained, Council Member Hammel voted for Churchill, Council Member Klauer voted for Ternent, Council Member Khiesner voted for Hilby, Council Member Kronfeldt voted for Churchill. There being no majority, a second vote was taken as follows: Council Member Beurskens voted for Ternent; Mayor Brady voted for Churchill, Council Member Deich voted for Churchill; Council Member Hammci voted for Churchill, Council Member Klauer voted for Ternent~ Council Member Kluesner voted for Churchill, Council Member Kronfeldt voted for Churchill. Therefore, Thomas J. Churchill ap- pointed to the TV Cable Regulatory Commission for an unexpired term which will expire 6-30-83. TV Cable Tele-Programming Commission-Applicants: David J. Arnold, Thomas Boettcher, Karen A. O'Rourke, Joseph A. Riesselman. Council Member Beurskens voted for Arnold, Mayor Brady voted for O'Rourke, Council Member Deich voted for Arnold, Council Member Hammel voted for Arnold, Council Member 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 Cable Tele- Programming Commission for an ex- pired term which will expire 6-30-85. Petition of The Bistro requesting to transfer their Liquor License from 951 Main St. to Town Clock Plaza at 7th and Main St. on Sept. 17, 18, and 19th (Riverfest Days), presented and read. Council Member Klauer moved that the petition be approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 246-82 WHEREAS, Applications for Beer Permits have been submitted and filed to the Council for approval and the 356 Special Session, Se ~tember 13, 1982 same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupled by such applicants were in- speeted 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 Holy Trinity Parish 1700 Lincoln 14 Day Permit (Also Sunday Sales) CLASS "C" BEER PERMIT The Monday Company 4003 Peru Rd. (Also Sunday Sales) Kopple's Market, Inc. 1098 University (Also Sunday Sales) Passed, adopted and approved this 13th day of September, t982. 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, Klueener, Rronfeldt. Nays--None. RESOLUTION NO. 247-82 WHEREAS, Applications for Li qnar 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- speeted 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, lowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE William Baum 500 Rhomberg (Also Sunday Sales) Passed, adopted and approved this 13th day of September, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Reeelution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Housing Code Advisory and Appeals Bd. of 9-1; Cable Regulatory Comm. of 9-1 and Planning and Zoning Comm. of 9-1, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Civil Aeronautics Bd. submitting their dockets rega.r- ding Order redefining essential transportation, selecting replacement dr carriers and setting subsidy rates, presented and read. Council Member Deicb moved that the communication be received and filed. Seconded by Council Member Klanar. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of Transit Bd. sub- mitting their findings regarding buses to the John Deere Plant, presented and read. Council Member Hammel requested a breakdown of costs involved in the Deere run be prepared and given to the Council, and moved that the com- munication be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Ddich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel submitting his opinion regar- ding the bylaws of the Library Bd., presented and read., Council Member-Kronfeldt moved that the communication be received Special Session, September 13, 1982 357 and filed and this interpretation refer- red to the Library Bd. for their review and redoing of their bylaws. Seconded by Council Member I-Iammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Digman Realty, on behalf of thamselves, their cfients and customers, objecting to direction given to City Staff regarding an crease in Real Estate Taxes in the City, for the coming budget year, presented and read. Council Member Beurskens moved that the communication be received and filed and letter referred to the Council and Staff at the budget pro- cess time(s). Seconded by Council Member Klauer. Carried by the follow- big vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recommending denials of car damage claim of Joanita Betts, Merle B. Gaber, Donald G. Cavanaugh, Alphonse Maiers, Mrs. Joy Salas and Robert Neuwoehner, ail which have been amicably disposed of at no cost to the City, presented and read. Council Member Deich moved that the communication be received and filed and denials approved. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Klueener, Kronfeldt. Nays--Nona. Michael Portzen requesting refun~ of $75 on unexpired Cigarette License, presented and read. Council Member Deich moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member Klauer. Carried by the following vote:' Yeas--Mayor Brady, Council Mem bets Beurskens, Delch, Hammel Klauer, Klueener, Kronfeldt. Nays--None. C.D. Director Dan Dittemore gave status report on the FDL Foods Pro- ject, requesting special Council Meeting to be held on Tuesday, 9-14-82, authorizing issuance of IRB in an amt. not to exceed $10,000,000, with Public Hearing on the matter for Oct. 11, 1982. Buster Welty. 4000 Peru Road, ad- dressed the Council relative to pro- blems with Planning and Zoning and the Building Dept. Council Member Kronfeldt moved that the verbal petition be received and filed and referred to Staff for a report as soon as possible. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. There being no further business. Council Member Kronfeldt moved to adjourn. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved. 1982 Adopted . 1982 Mayor Council Members ATTEST: City Clerk 358 Special Session, September 14, 1982 CITY COUNCIL1 OFFICIAL Special Session, September 14, 1982.[ Council Met at 5:00 p.m.. in the! Council Chambers of 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 called for the purpose to CONSIDER A RESOLUTION REGARDING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (FDL FOODS, INC. PRO- JECT) IN AN AMOUNT NOT TO EXCEED $10,000,000 AND OTHER RELATED MATTERS and acting upon such other business which may properly come before the Council. RESOLUTION NO. 248-82 A Resolution Regarding the Issuance of Not to Exceed $10,000,000 in Ag- gregate Principal Amount of In- dustrial Development Revenue Bonds (FDL Foods, Inc. Project) of the City of Dubuque, Iowa Directing Publics- tlon of Notice of Intention to Issue, and Calling a Public Hearing on the Proposal to Issue Said Bonds and Authorizing Execution of a Memoran- dum of Agreement WHEREAS, the City of Dubuque, Iowa (hereinafter referred to as the "City"), is a municipal corporation organized and existing under the Con- stitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa Ihereinafter referred to as the "Act"), to issue Industrial Development Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray ail or a portion of the cost of acquiring, con- structing, improving and equipping a "Project" as that term is defined in the Act, for the purpose of securing and developing industry and trade within or near the City in order to create jobs and employment oppor- tunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, th~City has been re- quested by FDL l~mds, Inc., an Iowa corporation (hereinafter referred to as the "Company"), to authorize and issue not to exceed $10,000,000 in ag- gregate principal amount of its In- dustrial Development Revenue Bonds (FDL Foods, Inc. Project) (the "Bonds"), pursuant to the provisions ,f the Act for the purpose of defraying all or a portion of the cost of acquiring an industrial facility and ~mproving and equipping the facility located in the City of Dubuque, Iowa, suitable for use in packing and processing of neat and meat products (hereinafter referred to as the "Project"), which Project will be owned and operated by Company; and' WHEREAS, said Project will create additional employment opportunities for residents of the City and the sur- rounding area; wiil enhance the tax base of the City and overlapping tax- ing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS, the City has determin- ed that the amount necessary to defray all or a portion of the cost of ex- panding, constructing, improving and equipping the Project, including necessary expenses incidental thereof, wlil require the issuance by the City of not to exceed $10,000,000 aggregate principal amount of its Industrial Development Revenue Bonds pur- suant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Com- pany pursuant to which loan payments will be made by the Com- pany in amounts sufficient to pay. the principal of and interest and prermum, if any, on said Bonds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Pro- ject to be financed by the Bonds; and WHEREAS, regulations pro- mulgated under Sect~ion 103 of the In- ternal Revenue Code of 1954, as amended, may require that the Issuer of such Bonds adopt a Resolution with respect to such Bonds or take "some other similar official action" toward Special Session, September 14, 1982 the issuance of such Bonds prior to the commencement of construction or ac- quisition relating to the proposed Pro- jeer, and it is intended that this Resolution shail constitute "some other similar official action" toward the issuance of the Bonds within the meaning of said federal income tax regulations; and WHEREAS. there has been presented to the Council a Memoran- dum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and ngreements between the City and Company, relating to the further processing and issuance of said Bonds, and the City believes it desirable and in its best in- terest that said Memorandum of Agreement be executed for and on behalf of the City; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, ali as required and provid- ed by Section 419.9 of the Act. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That a public hearing shall be conducted on October 11, 1982, at Z'30 o'clock p.m., before this City Council in the Public Library Auditorium in the City of Dubuque, Iowa on the proposal to issue not to ex- coed $10,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds, pu~ suant to the provisions of the Act, for the purpose of defraying all or a pot- tion of the cost of acquiring, improving and equipping the Project including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an oppor- tunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any ad- journment thereof, this City Council shall adopt a Resolution determining whether or not to proceed with the is- suance of said Bonds. Section 2. That the City Clerk of the City is hereby directed to publish one Hmo, not less than fifteen (15) days prior to the date fixed for said hearing, in the Telegraph-Herald, a legal newspaper published and having general circulation within the City, Notice of lntention to issue said Bond in substantially the following form: 359 NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (FDL FOODS, INC. PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Dubuque, Iowa, in the Public Library Auditorium in said City at 7:30 o'clock p.m., October 11, 1982, on the proposal to issue not to exceed $10,000,000 principal amount of the City's Industrial Development Revenue Bonds (FDL Foods. Inc. Project), pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of defraying ail or a portion of the cost of acquiring an industrial facility and improving and equipping the said facility (the "Project"). It is contemplated that a Loan Agreement will be entered into bet- ween the City and the Company under which the City would loan to the Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of, interest and premium. if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the in- terest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said city or a charge against its general All local residents who appear at said hearing shall be given an oppor- tunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any ad- journment thereof, the Council of said City shall adopt a resolution determin- ing whether or not to proceed with the issuance of said Bonds. By Order of the City Council Mary A. Davis City Clerk of the City of Dubuque, Iowa Section 3. That the City recognizes that regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of of- action or "some other similar of- ficlal action", if interest on Industrial Development Revenue Bonds issued by the City and used to acquire, con- 360 Special Session, Se tember 14, 1982 struct, improve and equip such in- dustrial development project is to be exempt from federal income taxes. In order to preserve such exemption, tins Resolution is intended to constitute solely for federal income tax purposes official action or "some other similar official action" with respect to the is- suance of such Bonds. Section 4. That in order to assure the construction, improvement and equip- ping of these manufacturing facilities in the City of Dubuque, Iowa, with the resulting public benefits, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A ", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to at- test the same and to affix the seal of the City thereto and said Memoran- dura of Agreement is hereby made a part of this Resolutiorr Section 5. That in order that the Pro- ject will not be unduly delayed, Corn* party is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers ap- propriate, subject to reimbursement from the proceeds of the Bonds when if delivered, but otherwise without liability on the part of the City. Section 6. That officials of the City are hereby authorized to take such fur- ther action as may be necessary to carry out the intent and purpose or'the Memorandum of Agreement. Section 7. That all Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such con- flic~ hereby repealed, and this Resolu- tion shall be in full force and effect im- mediately upon its adoption. Adopted and approved tins 14th day of September, 1982. CITY OF DUBUQUE, IOWA James E. Brady Mayor ATTEST: Mary A. Daivs City Clerk EXHIBIT "A" MEMORANDUM OF AGREEMEN~1 THIS MEMORANDUM OF AGREEMENT is between the City of Dubuque, in Dubuque County, Iowa, party of the first part (hereinafter referred to as the "City"), and FDL Foods, Inc., party of the second part (hereinafter referred to as the "Com- mny'). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the pro- visions of Chapter 419 of the Code of Iowa Ithe "Act"), to issue Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and equipment suitable for industrial projects as defined therein; and (b) In order to provide for industrial development and employment oppm- tunities for the inhabitants of the City and to add to the welfare and prosper- ity of the City and of such inhabitants, the City proposes to loan to the Com- pany funds to finance the acquisition of an industrial facility and improving and equipping the facility located in the City of Dubuque, Iowa, suitable for use in packing and processing of meat and meat products (hereinafter referred to as the "Project"); and (c) It is considered essential that ac- quisition and improvement related to the Project commence at the earliest practicable date. However, before com- mencing the Project, the Company desires satisfactory assurances from the City that the proceeds from the sale of Industrial Development Revenue bonds of the City will be made available in an amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $10,000,000. (d) Representatives of the City have indicated the willingness of the City to proceed with and effect such financing as an inducement to the Company to acquire and improve its facilities in the City and the City has advised the Company that, subject to due com- pliance with all requirements of law and the obtaining of all necessary con- sents and approvals and to the hap- pening of all acts, conditions and things required to exist, happen and be performed precedent to and in con- nection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter :be conferred, with issue and sell its Bonds in an amount sufficient to finance ali or a portion of the cost of the Project. ' Special Session, September 14, 1982 361 (e) The City considers that the undertakings of the Project will pro- mote industrial development of the City, provide employment oppor- tunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, in- crease the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the City. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds, pursuant to the terms of the Act as then in force, in an aggregate principal amount sufficient to finance all or a portion of the cost of the Project, which cost, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $10,000,000. (b) That it will cooperate with Com- pany to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or ad- visable for the authorization, issuance and sale of the Bonds and the financ- ing of the Project as aforesaid, and the entering into a Loan Agreement with the Company with respect to the Pro- ject, all as shall be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of and premium, if any, and interest on the Bonds) payable under the Loan Agreement shall be such sums as shall be suffi- cient to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be re- quired to implement the aforesaid undertakings or as it tony deem ap- propriate in pursuance thereof. 3. Undertakings on the Part of the Company. The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Bonds in an aggregate principal amount as above stated; pro4 vided, however, that the terms of the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the City and the Company. (b) That is has not, prior to the ex- ecution of this agreement and the tak- lng of "official action" toward the is- suance of the Bonds by the City, ac- quired or commenced improvement of the Project, or any part thereof, or paid or incurred any costs related thereto, which will be paid or reimburs- ed from the proceeds of the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or con- tracts for the acquisition, improve- ment and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Bonds it will execute a Loan Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of and interest and redemp- tion premium, if any, on the Bonds as and when the same shall become due and payable, such instrument to con- tain other provisions required by law and such other provisions as such be mutually acceptable to the City and the Company. (d) That it will take such further ac- tion and adopt such further pro- ceedings as may be required to imple~ ment its aforesaid undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before October 31, 1983 (or such date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the documents referred to in paragrapli 3 and the pro- ceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any exten- sion thereof, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of- pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to per- form by the city of its obligations hereunder, or done at the request of 362 Special Session, Se ~tember 14, 1982 the Company. (c) All commitments of the City hereof are further subject to the condi- tions that the City, and its elected and appointed officials, shall in no event in- cur any liability for any act or orals- sion hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitltional or statutory provision and shall not con- stitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF, the par- ties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 14th day September, 1982. CITY OF DUBUQUE, IOWA James E. Brady Mayor ATTEST: Mary A. Davis City Clerk (Seal of City) FDL FOODS, INC. "UNSIGNED BY COMPANY" Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. Upon further discussion, Council Member Kronfeldt moved to direct Mr. Stark, ICorporation Counsel) to in- vest whether or not a statement, ask- Lng a company who seeks revenue bonds, to give preferential treatment for consideration to City residents, all else being equal, in their hiring. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business Council Member Klauer moved to ad journ. Seconded by Council Member Beurskefis. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved_ Adopted Mayor Council Members ATTEST: City Clerk 1982 1982 Special Session, September 20,1982 363 CITY COUNCIL OFFICIAL Special Session, September 20, 1982 Council Met at 7:30 p.m., Public Library Auditorium, Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Assis- tant City Attorney William Blum. Absent--Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to consider filing of ap- plication with UMTA for Federal Assistance to aid in the financing of operating assistance projects for Keyllne and acting upon such other business which may properly come before the Council. Communication of City Manager re- questing authorization from Council for Mayor to submit a financial assistance application to UMTA and setting a Public Hearing on said ap- plication, presented and read. Council Member Klauer moved that the communication be received and filed and a Hearing be set for Nov. 1 1982. Seconded by Council Mexnber Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 249-82 Resolution Authorizing the Filing of Applications with the Department of Transportation, United States of America, for Grants under the Urban Mass Transportation Act of 1964, As Amended. WHEREAS, the Secretary of TransportaOon is authorized to make grants for mass transporta~on pro- jects; WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- cludlng the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an ap- plication for assistance under the Ur- ban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transpor- tation requirements thereunder; and WHEREAS, it is the goal of the ap- pllcant that minority business enter- prise by utiUzed to the fullest extent possible in connection with this pro- ject, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible op- portunity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is authorized to execute and file an application on behalf of the City of Dubuque with the ~S. Depart- ment of Transportatio,, to aid in the financing of operating assistance pro- jects pursuant to Section 5 of the U~ ban Mass Transportation Act of 1B64, Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such applicants an quired by the U.S. Department of Transportation effectuating the pu~ poses of Title VI of the Civil Rights Act of 1964. Section 3. That the Translt Manager is authorized to furnish such addi- tional information as the U.S. Depart- ment of Transportation may require in connection with the application or the project. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority the project's procurement needs. Section 5. That the Mayor of the City of Dubuque is authorized to execute grant agreements on behalf of the City of Dubuque with the ~S. Department of Transportation for aid in the financ- ing of the operating assistance pro- iects. The undersigned duly qualified and acting Mayor of the City of Dubuque certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting 364 Special Session, Se ~tember 20, 1982 of the City Council of the City of Dubuque, Iowa, held on Sept. 20, 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. Council Member Klauer moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Petition containing 505 signatures members of Local 150A, United Food and Commercial Workers, urging the Mayor and Council Members to engage in careful consideration before allowing the $4 million UDAG Aid to any new purchaser/employer of the Dubuque Packing Co. plant in Dubu- que unless they agree to employ Local 150A members, presented and read. John Pitzer, 1243 Locust, expressed the opinion that the Council has no concern for past Dubuque Pack employees. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, HammeJ Klauer, Kluesner. Nays--Council Member Kronfeldt. Copy of a Communlcatlon of Mel Maus of the United Food and Commer- cial Workers, Local 150A, sent to Ms. Sowell, Director of HUD, Washington, D.C., submitting certain considera- tions which they believe should be in- cluded in their decisions as the condi- tions for the granting of the Urban Development Action Grant for FDL, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deicb. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner. Nays--Council Member Kronfeldt. Communication of City Manager submitting proposed contract between Five Flags Center and the Mississippi Valley Hockey, Inc. (the Fighting Saints) for 1982-83-84 Hockey Seasons, and requesting approval of contract as written, presented and read. Council Member Hammel moved that the communication be received and filed and contract approved as written. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Conununication of City Manager re- questing authorization from City Council to submit the fourth and final amendment to grant project IA-05-0009 requesting 80% fundhig for a spin balancer, a budgeted FY'83 item, presented and read. Council Member Deich moved that the communication 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. 250-82 Resolution Authorizing the Filing of a Fourth Amendment to Section 5 Ap- plication IIA-05-0009) wlth the Depart- ment of Transportation, United States of America, for a Grant Under the Ur- ban Mass Transportation Act of 1964, as Amended. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation pro- jects; WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, in- cluding the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an amend- ment to an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply Speclal Session with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the ap- plicants that minority business enter- prise be utilized to the fullest extent possible in connection with these pro- jects, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible op- portunity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts or consultant and other services: NOW, THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Mayor of the City of Dubuque is authorized to execute and file an amendment to an applica- tion on behalf of the City of Dubuque with the U.S. Department of Transpo~ tatior~ to aid in financing a combine- Hen ~une-in strobe spin balancer pu~ suant to Section 5 of the Urban Mass Transportation Act of 1964, as amend" Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such amendments to ap- plications an assurance or any other document required by the U.S. Depart- merit of T~nsportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. Section 3. That William Kohler, ~ransit Manager, is authorized to fu~ nish such additional informaHon as the U.S. Department of Transportation may require in connection with the ap- plication amendments or the project. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Section 5. That the Mayor of the City of Dubuque is authorized to execute grant contract agreements and amend. ments to said agreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financing of capital assistance projects. Passed, adopted and approved this 20th day of September, 1982. James E. Brady Mayor ATTEST: September 20, 1982 365 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 Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing City Council approval of modifications to the Old Main Loan Program submitted by the Commun- ity Development Commission and Staff, presented and read. Council Member Beurskens moved that the communication be received and filed and modifications approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mere~ bers Beurskens, Daich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager re- questing authorization to publish notice that the FY'82 Grantee Perfor- mance Report is on file in various loca- tions throughout the City, 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, Daich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 251-82 A Resolution Authorizing Publication of Notice of Availability for Public In- spection Certain Community Develop. ment Block Grant Documents WHEREAS, under the date of September 13, 1982, the Annual Per- formance Report was submitted to the U.S. Department of Housing and Ur- ban Development for processing; and WHEREAS, Section 570.200(b) of the Community Development Block Grant Program requires that reasonable effort shall be made to in- form citizens involved in or affected by tlie local Community Development Program that the Annual Performance Report has been submitted and is available to interested parties upon re- quest; and 366 Special Session, Se ~tember 20,1982 WHEREAS~ Section 570.906(c) re- quires that there be public notice of the availability of the Annual Perfor- mance Report for inspection by the public; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the C~ty Clerk be and she is hereby authorized and directed to publish in the Telegraph Herald, a newspaper of general circulation within the City, public notice in the form of Exhibit A, attached hereto and made a part thereof. Passed, adopted and approved this 20th day of September, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. An Ordinance Amending Code of el dinances by enacting a new Article II of Chapter 11 comprised of Sections 11-16 through 11-23 in lieu thereof pro- viding for a Joint County Municipal Administration for Disaster Services purposes, presented and read. Council Member Beurskens moved that the reading just had be con- sidered the first reading of the Or- dinance, that the rule requiring an Or- dinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispens- ed with, and final adoption of the Or- dlnance. Seconded by Council Member Klauer. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Khiuer, Kluesner. Nays--Council Member Hammel, Kronfeldt. MOTION FAILED TO PASS DUE TO LACK OF A 3/4 VOTE. Council Member Khiesner moved that the reading just had be con- sidered the second reading of the Or- dinance. Seconded by Council Member Beurskens. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- ber Beurskens, Deich, Klauer, Kluesner. Nays--Council Members Hammel, Kronfeldt. BOARDS AND COMMISSIONS: Daniel J. Hughes submitting resignation from Electrical Examining Bd, presented and read. Council Member Hammel moved that the communication be received and filed and resignation accepted with regret. Seconded by Council ~Iember Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Civil Service Commission- Ap- plicants: Ronald L.T. Koerperich, Gerald J. Koppes, Leeley Stephens, Paul Testroet. Vote on the appoint- Council Member Beurskens voted for Koppes, Mayor Brady voted for Koerperich, Council Member Deich voted for Koerperich, Council Member Hammel voted for Koppes, Council Member Klauer voted for Koppes, Council Member Khiesner voted for Koppes, Council Member Kronfeldt voted for Koppes. Therefore, Gerald J. Koppes ap- pointed to the Civil Service Commis- sion to fill an unexpired term which will expire 3-31-86. Electrical Examining Board- One applicant: Michael M. Sisler, 229 Dillon. Council Member Klauer moved to delay making an appointment until ad- dltlonal applications are filed. Second- ed by Council Member Beurskens. Vote on the motion was as follows: Yeas--Mayor Brady, Council Mem- bers Beurskens, Klauer. ]Nays--Council Members Deich. Hammel, Kluesner, Kronfeldt. MOTION FAILED. Council Member Hammel moved that Michael M. Sisler be appointed to he Electrical Examining Board for an unexpired term which will expire 7-12-83. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Zoning Board of AdjuStment -- Ap- Special Session, September 20, 1982 367 pllcants: Daniel H. Delaney, Dominic Goodmann, Ruth Nash. Tilden Poi- Nominations were as follows: Council Member Beurskens for Delaney, Mayor Brady for Polsean, Council Member Deich for Goodmann, Council Member Hammel for Good- nmnn, Council Member Klauer for Nash, Council Member Kluesner for Goodmann, Council Member Kronfeldt for Goodmann. Therefore, Dominic Goodmann ap- pointed to the Zoning Board of Ad- justment for a five year term to expire 9-19-87. RESOLUTION NO. 252-82 WHEREAS, Applications for Beer Pern~ts 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 T.I. Investments, Inc. 1575 J.F.K. (Also Sunday Sales) CLASS "C" BEER PERMIT Mary M. Richardson 1050 University IAlso Sunday Sales) Passed, adopted and approved this 20th day of September, 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, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 252A-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 ail City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dubuque Motor Hotels, Inc. 1111 Dodge St. (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Parochetti Enterprises, Inc. 2600 Dodge St. (Sunday Sales Only) Passed, adopted and approved this 20th day of September, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Printed Council Proceedings for month of June. 1982, presented and read. Council Member Klauer moved that the proceedings be approved, as amended. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Minutes Submitted: Cable Tele- Programming Commission of 9-7, Park and Recreation Comm. of 9-8, Transit Trustee Bd. of 7-9, Electrical Examin- lng Bd. of 9-14, presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. 368 Special Ses$im~, Se ~tember 20, 1982 Nays--None. Notices of Suits and Claims: Mary M. Berg in amount of $223.23 for per- sonal injuries; David Travis, in unknown amount for personal injuries; Robert Stonskas, in amount of $312.13 for car damages; County Sheriff sub- mitting Notice of Levy and Sale in case of Dubuque Savings and Loan Assn. vs. Joseph Schueller et ux, City of Dubuque et al, for property describ- ed as Lot 82 in Glendale Addn. No. 2 in the City, presented and read. Council Member Klauer moved that the suits and claims be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Rebecca Burgart objecting to allowing installation of a video arcade in an area currently zon- ed &2, presented and read. Council Member Kronfeldt moved that the communication be received and flied. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Managel submitting reports of Finance Direc- tor and City Treasurer for month of August, 1982. presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Refunds Requested: St Columbkille's Church and Church of the Nativity requesting refunds of $225 each on unexpired Beer Permits, presented and read. Council Member Klauer moved that the refunds be approved and Finance Director to issue proper check. Seconded by Council Member Beuo skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business, Council Member Hammel moved to ad- iourn. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved~1982 Adopted _1982 Mayor Council Members ATTEST: City Clerk Special Session, September 27, 1982 369 CITY COUNCIL OFFICIAL Special Session, September 27, 1982. Council Met at 7:30 p.m., Council Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hanunel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Assis. tant City Solicitor, Wm. Blum. Absent--Corporation Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose TO CONSIDER A RESOLUTION AUTHORIZING A REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT FUNDS FOR THE FDL FOODS, INC. LOAN PARTICIPATION PRO- JECT and acting upon such other business which may properly come before the Council. Communication of City Manager submitting a Resolution requesting release of Community Development Funds for the FDL Foods, Inc. Loan Participation Project, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer. Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 253-82 A Resolution Authorizing Submission of a Request for Release of Funds for Certain Community Development Block Grant Projects. WHEREAS, the City of Dubuque, in conformance with the Environmen- tal Review Procedures for the Com- munity Development program, con- vened an ad hoc committee on September 4, 1982 which completed an Environmental Assessment of the following identified project to be fund- ed in the Conununity Development Block Grant: FDL Foods, Inc. Loan Participation Program WHEREAS, pursuant to Resolution No. 242-82, adopted September 7, 1982, Public Notice of a "Finding of No Significant Effect on the Environ- ment'' for the project above was published September 9, 1982, in the Dubuque Telegraph Herald, a newspaper of general circulation and provided for a public comment period until 12:00 Noon, Friday, September 24, 1982; and WHEREAS, Public Notice of a "Finding of No Significant Effect on the Environment" for the project was sent by regular mail to various federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a Public Notice; and WHEREAS, any and all objections, if any, to such a proposal has been du- ly considered; and WHEREAS, it is the intent of the City Council to authorize the submis- sion of a request to the U.S. Depart- ment of Housing and Urban Develop- ment for the release of funds to carry out the above-identified project. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Envirnomental Review Record for the project shall continue to remain on file in the Office of the City Clerk, where said record may be examined and copied by any in- terested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Depart- ment of Housing and Urban Develop- ment at least seven (7) days after adop- tion of the Resolution, a request for release of funds to undertake the said project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible Federal Official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development's responsibilities for review, decision- making, and action assumed and ca~ tied out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of tke City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of 370 Special Session, September 27, 1982 Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and actiot~ Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the eh- vironmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice fo~ a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed. adopted and approved this 27th day of September, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business Council Member Beurskens moved ti adjourn. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kinesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved_ __1982 Adopted __1982 Mayor Council Members ATTEST: City Clerk Regular Session October 4, 1982 371 CITY COUNCIL OFFICIAL Regular Session, October 4, 1982. Council Met at 7:30 p.m., Council Chambers, City Hail. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated this Meeting is the Regular Meeting of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Charles Lang. Dean of Students at Loras College. PROCLAMATIONS: Week of Oc- tober 3rd through 9th as "National 4-H Week in the City" received by Klm Payne and Paula Vaasen; Week of Oc- tober 10th through the 16th as "Na- tional YWCA Teen Week" received by Michele Wernimont and Dawn Besler; Week of October 4th through 9th as "Productivity Improvement Week". Petition of Attorney Chad C. Leitch, on behalf of Dubuque Land Develop- ment, requesting vacating of utility easement in Lot 5 of Block 8 in Clarke Crest Estates Subd., presented and read. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager recommending to vacate a public utili- ty easement in Lot 5 of Block 8 in Clarke Crest Estates Subd. and that the matter be set for a Public Hearing, presented and read. Council Member Klauer move~ that the communication be received and filed and Hearing set for October 18, 1982. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, HammeI, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Attorney Wm. J. Maiers, representing Terry Maiers and Ralph Schmitt, making an offer to the City to purchase Lots 1, 2 and 3 of lacob Collins Subd. a/k/a 604 Peru Road, presented and read. Council Member Hammel moved that the communication be received and filed and referred to the City Manager. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, Kronfeldt. Nays--None. Petition of Mrs. Florence Snyder et al (50 signers) requesting an Ordinance that would allow residents to call the police to tow vehicles that park in places that have been snow shoveled out by the homeowner, presented and read. Council Member Kronfeldt moved that the petition be referred to the Cor- poration Counsel. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for the repeal of previous actions for FDL Foods, Inc. Industrial Revenue Bonds Issue, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 254-82 A Resolution Rescinding and Repeal- lng Resolution No. 248-82, and Pro- riding for the Abandonment of Pro- ceedings on Issuance of Industrial Development Revenue Bonds in the FDL Foods, Inc. Project. WHEREAS, the City Council of the City of Dubuque, Iowa has heretofore adopted Resolution No. 248-82 which provided, amongst other tlfings, for the approval of a Memorandum of Agreement on the issuance of In- dustrial Development Revenue Bonds for the FDL Foods, Inc. project, for the call of a public hearing on such matter, and for directing the City Clerk to publish notice of same; and WHEREAS, it has now been deter-