Loading...
1982 November Council Proceedings394 Special Session Council Members ATTEST: City Clerk October 18, 1982 Regular Session. CITY COUNCIL OFFICIAL Regular Session, November 1, 1982. Council Met at 7:30 p.m., Council Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the Regular Monthly Meeting of the Coun- cil called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Ed- ward Petty, Director of Catholic Charities. PROCLAMATIONS: :Week of November 1st as "Telephone Pioneer Week" received by Tom Stafismith; Week of November 7-13 as "Radiologic Technology Week" receiv- ed by Ruth Arlen. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to solicit public comment on the FY '83 UMTA Section 5 Operating Assistance Application, to offset part of the operating cost of the Keyline Transit System for Fiscal Year 1983, presented and read. 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- bers Beurskens. Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Beurskens moved that the proof of publication be receiv- ed and flied. 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 to purchase used Trickling Filter Mechanism from the City of Cedar Rapids (for Wastewater Treat- ment Plant) at a cost not to exceed November 1,1982 395 $37,000, presented and read. Council Member Beurskens moved to receive and file the communication and approve the expenditure, direc- ting them to acquire used Trickling Filter Mechanism from the City of Cedar Rapids at a cost not to exceed $37,000. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re- questing authorization to purchase necessary Monitoring Equipment to upgrade the technical quality of the City Council meeting cablecasts at the Council Chambers and Library, ~resented and read. Council Member Kronfeldt moved that the communication be received and filed and approve the purchase of the monitoring equipment. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning approving final plat of "Yian- nias Place" for Key City Investment Co. located north of Highway 20 and J.F.K. Road and east of Wacker Dr., )resented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khlesner, Kronfeldt. Nays--None. RESOLUTION NO. 279-82 Resolution Approving Plat of "Yian- nias Place" in the City of Dubuque, WHEREAS, there has been filed with the City Clerk a plat of "Yiannias Place" in the City of Dubuque, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- lng Conunission and they find that the same conforms to the statutes and or- dlnances relating thereto; and WHEREAS, said plat has been ap- proved by the City Planning and Zon- 396 Regular Session, November 1, 1982 lng Commission on the condition that the property owner acknowledge that additional right-of-way for Wacker Drive will be dedicated upon submis- sion of Phase III final development plans for Key City Investment Com- pany Planned Unit Development; and WHEREAS, said plat has been ex- amined by the City Council and they find the same conforms to the statutes and ordinances relating thereto; and WHEREAS, the City Council con- curs in the condition of approval established by the City Planning and Zoning Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the above-described plat be and the same is hereby approv- ed and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plak pro- vided that the owner of said property hereto attached, acknowledging and agreeing: a) That in accordance with the condi- tionally approved preliminary develop- ment plan for the property, additional right-of-way for Wacker Drive will be dedicated from Lot 2 and Lot 4 upon submission of Phase 1II final develop- merit plan for Key City Investment Company Planned Unit Development. Section 2. That in the event the owner fails to execute the Acceptance provided for in Section i herein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the Plat shall not be effective. Passed, adopted and approved this let day of November, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 279-82 We, the undersigned Key City In- vestment Company having read the terms and conditions of the foregoing Resolution No. 279-82 and being familiar kith the condition thereof hereby accept the 'same and agree to the condition required therein. Dated at Dubuque, Iowa this 5th day of November, 1982. KEY CITY INVESTMENT CO. By: N.J. Yiannias, President By: Christine Yiannias, Secretary Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel Stark, advising of availability to draft an Ordinance providing that vehicles that park in snow shoveled places may be towed, presented and read. Council Member Khiuer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Dock Board Chairman re- questing Council permission to form a subcommittee for the purpose of assisting the Dock Board in evaluating proposals for development and use of the remaining acreage of Chaplain Schmitt Memorial Island, )resented 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, Hammal, Klauer, Khiesner, Kronfeldt. Nays--None. Petition of John Felderman, Pres. of Dubuque-In-Futuro, Inc., requesting approval of Roy Sherman, Vice Pres.-Finance of the A.Y. McDonald Mfg. Co. be appointed to their Cor- poration, presented and read. Council Member Kluesner moved that the petltion be received and filed and appointment be approved. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskons, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 280-82 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied Regular Session November 1, 1982 397 with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. FDL Foods, Inc. 16th & Sycamore Gene Kopp d/b/a Gene's 1641Asbury Passed, adopted and approved this 1st day of November, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 281-82 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED. By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "C" BEER PERMIT Lucky Stores, Inc., Eagle Discount Supermarket #109 200 S. Locust (Also Sunday Sales) FDL Foods, Inc. 16th & Sycamore Passed, adopted and approved this 1st day of November, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Airport Comm. of 10-11; Cable Regulatory Comm. of 10-13; Five Flags Comm. of 10-14; Housing Code Advisory and Appeals Bd. of 10-20; Mechanical Bd. of 10-12; Park & Recreation Comm. of 10-11; Public Library of 9-21 and 9-28; Dock Bd. of 9-22; P & Z of 10-6 and 10-20; Zoning Bd. of Adj. of 8-19, 9-16, & 9-30; Transit Bd. of 9-30; Human Rights Comm. of 8-28, presented and read. Council Member Khiesner 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, Khiesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Michael J. Bahl, in unknown amt. for personal in- juries; Timothy D. Fiedler, in amt. of $204.54 for windshield damage; Frank Hardie Advertising Inc. in amt. of $59.31 for service work provided to straighten sign; Mary Leafy, in amt. of $210.66 for personal injuries; Gary & Carol Lewis, in unknown amt. for personal injuries; Fred Schubert, in amt. of $105.10 for personal injuries, presented and read. Council Member Kluesner moved that the claims be referred to the Cor- poration Counsel for investigation and report. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bourskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recommending denial of per- sonal injury claim of Judy A. Garner, presented and read. Council Member Kluesner 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- bers Beurskens, Deich, Hammel, Khiuer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Public Meeting by City Manager for revenue sharing expenditures, presented and read. Council Member Khiosner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: 398 Regular Session, November 1, 1982 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting summary of meetings con- ducted by him on the proposed 1984 Fiscal Year Budget, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deicb, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communications of State of Wiscon- sin DOT and Iowa DOT advising of us- hag a standardized numbering system for new structures, presented and read. Council Member Klauer moved that the communication be received and filed and Mayor to request Jamestown township to concur with the naming of the bridge as the Tri-State Veteran's Memorial Bridge. Seconded by Council Member Deick. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: Patrick Healy and Kenneth Melloy, $50 on unexpired Cigarette License; Randy Rick and Michael Weber, $75 on unex- pired Cigarette License, presented and read. Council Member Kluesner moved that the refunds be approved and Finance Director to issue proper checks. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khuesner, Kronfeldt. Nays--None. Communication of Civil Aeronautics Board advising that Ozark is to pro- vide essential air service at Ft. Dodge and Mason City for a period through November 19, 1982, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- hug vote: Yeas--Mayor Brady, Council Mem- bors Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of a concerned citizen re- questing to retain the street light at the corner of Pleasant and Columbia Streets, presented and read. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business, Council Member Klauer moved to ad- ourn. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved-- _1983 Adopted ~____1988 Mayor Council Members ATTEST: City Clerk Special Session, November 8, 1982 399 CITY COUNCILI Council Member Reurskens moved that the proof of publication be receiv- OFFICIAL Special Session, November 8, 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, Assis- tant City Attorney 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 CONDUCT A PUBLIC HEARING ON THE RESOLUTION OF NECESSITY FOR THE CONSTRUCTION OF THE RESURRECTION CHURCH SANITARY SEWER and acting upon such other business which may proper- ly come before the Council. Invocation was given by Rev. Alan Selig, Pastor of the First Baptist Church. A beautiful vase was presented to the City, and accepted by the Mayor, by Friendship Force hosts Fran and Ellen Henkels as a token of gratitude from Korean visitors to our City. PROCLAMATIONS: Week of Nov. 21st as "Family Week" received by Rick Baumhover and David Morse of the Jaycees; Second Week of November as "Youth .appreciation Week" received by Greg Carew of the Noon Optimists Club. Proof of publication, certified to by the Publisher, on Notice of Public Heari.ng on Notice of Pendency of Resolution of Necessity for construc- tion of Resurrection Church Sanitary Sewer, presented and read. There were no written objections received. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Attorney Robert Bertsch, represen ting Carl Burbach and Attorney Mike Meiloy, representing Resurrection Church, both requested adoption of this project. ed and filed. Seconded by Council Member Klauer. Carried by the fofiow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. Necessity for Improvement RESOLUTION NO. 263-82 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things theplans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as fixed by the City Council, for the Resurrection Church Sanitary Sewer, BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at tlie time of the final con- sideration of this proposed resolution have on file with the City Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shafi be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the speical benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Sanitary Sewer Construction Fund, and the Sanitary Sewer Operating Fund, and special assess- ment bonds may be issued in anticipa- tion of deferred payments of when a contract has been performed and ac- cepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced approved and ordered placed on file with the City Clerk this 11th day of 4O0 Special Session, November 8, 1982 October, 1982. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 8th day of November. 1982. James E. Brady Mayor CERTIFICATE OF CLERK It is hereby certified that at the time set for the final consideration of the above resolution no remonstrance had been filed with the Clerk signed by owners subject to seventy-five percent or more of the amount of the proposed assessments. Mary A. Davis City Clerk Council Member Beurskens moved final adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Nays--Council Member Kronfeldt. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to known property owners for assessments on the construction of the Resurrection Church Sanitary Sewer, AND Certificate of City Clerk stating notices were sent by certified mail to known property owners for above pro- ject, presented and read. Council Member Beurskens moved that the proof of publication and Clerk's certificate be received and fried. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Khiesner. Nays--Council Member Kronfeldt. Decision ed Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 282-82 WHEREAS, proposed plans and specifications and form of contract for the Resurrection Church Sanitary Sewer have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 8th day of November, 1982; and WHEREAS, the City Council met in special session this 8th day of November, 1982, at 7:30 p.m. at the Public Library Auditorium for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, that all objections which have been made and fried to tho plans, specifications, contract f6r or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution c~ntaining the decision of this City Council upon all obi ections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 8th day of November, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesne~. Nays--Council Member Kronfeldt. (Ordering Construction) RESOLUTION NO. 283-82 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Special Session November 8, 1982 401 QUE that pursuant to a resolution of necessity No. 263-82 which was duly passed by this Council for the Resur- rection Church Sanitary Sewer be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the peri- tion of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of making said improvement will be assessed par- tially or totally against privately own- ed property lying within the assess- ment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits con- ferred. The portion of the cost which shall be borne by the City will be paid from the Sanitary Sewer Construction Fund, and the Sanitary Sewer Operating Fund, and special assess- ment bonds may be issued in anticipa- tion of deferred payments of performed and accepted and the pro- ceeds thereof used to pay the contrac- tot. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. on the 30th day of November, 1982. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted to the Council for final action at a meeting to be held at the City Coun- cil Chambers at 7:30 p.m. on the 6th day of December, 1982. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 8th day of November, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Ktauer, Kluesner. Nays--Council Member Kronfeldt. Proof of publication, certified to by the Publisher. on Notice of Public Hearing providing for the vacation and sale of real estate known as Lot 12A in Sunset Park Subd. No. 2 in the City of Dubuque, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. - Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 57-82 AN ORDINANCE VACATING AN ALLEY ABUTTING LOT 12 SUNSET PARK SUBDIVISION ~f2, NORTH OF HILLCREST ROAD, said Ordinance having been presented and read at the Council Meeting of Oct. 11, 1982, presented for final adoption. ORDINANCE NO. 57-82 AN ORDINANCE VACATING AN ALLEY ABUTTING LOT 12 SUN- SET PARK SUBDIVISION NO. 2, NORTH OF HILLCREST ROAD WHEREAS, Frank L. and Fay E. McCauley have requested the vacation of an alley abutting Lot 12 Sunset Park Subdivision no. 2, north of Hill- crest Road, in the City of Dubuque, Iowa; and WHEREAS. Wright. Kriby, Sejkora and Associates, P.C, has prepared and submitted to the City Council a plat showing the vacated alley and assigned a lot number thereto, and which shall hereafter be known and described as Lot 12A in Sunset Park Subdivision no~ 2. in the City of Dubuque, Iowa; and WHEREAS, the City of Dubuque, Iowa has determined that this alley is no longer required for public use and the vacation of said alley known as Lot 12A in Sunset Park Subdivision no. 2, in the City of Dubuque. Iowa, should be approved. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Dubuque, Iowa: 402 Special Session, November 8, 1982 Section 1. That said real estate described as Lot 1LA in Sunset Park Subdivision no. 2, in Dubuque, Iowa, be and is hereby vacated. Section 2. That the City Clerk be and is hereby authorized and directed to cause Notice of Intent to dispose ~£ Mid real estate in a manner as pre- scribed by law. Section 3. That the conveyance of said lot to Frank L. and Fay E. McCauley be and the same is hereby approved upon payment of $1.00. PASSED, APPROVED AND ADOPTED this 8th day of November, 1982. James E. Brady, MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 12th day of November, 1982. Mary A. Davis City Clerk It 11/12 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 284-82 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa on October 22, 1982, the City Council of the City of Dubuque, Iowa met on the 8th day of November, 1982. at 7:30 o'clock p.m, (CST) in the Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa to consider the proposal of disposing of real estate of the City of Dubuque, Iowa being that vacated portion of an alley as it abuts Lot 12 of Block 8 of Sunset Park Subdivision No. 2, located north of Hillcrest Road in the City of Dubuque, Iowa, now platted, known and describ- ed as: Lot 1LA of Block 8 of Sunset Park Subdivision No. 2 in the City of Dubuque, Iowa to FRANK L. McCAULEY and FAY E. McCAULEY; and WHEREAS, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove real estate to the above- named Grantees; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of in- terest of the City of Dubuque, Iowa in that vacated portion of an alley as it abuts Lot 12 of Block 8 of Sunset Park Subdivision No. 2, located north of Hillerest Road in the City of Dubuque, lowa and which is now platted, known and described as Lot 12A of Block 8 of Sunset Park Subdivision No. 2 in the C~ty of Dubuque, Iowa to FRANK MeCAULEY and FAY E. CAULEY be and the same is hereby approved for the total price of One ($1.0~) Dollar; that platting, recording and publication costs will be the responsibility of the Grantor; that con- veyance shall be by Quit Claim Deed, that no abstract will be furnished by the City; and tha~ said conveyance shall be subject to, and the City shall retain unto itself, a perpetual ease~ men$ in, over and across said portion of vacated alley north of Hillerest Road for public utilities located therein and the right of ingress and egress to repair and maintain the same. Section 2. That the City Clerk be and she is hereby directed and authorized to deliver Deed of Conveyance convey- lng the above described real estate to the above-named Grantees upon receipt of the purchase price in full Section 3. That the City Clerk be and she is hereby authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, adopted and approved this 8th day of Novembor, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens,~ Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Special Session November 8, 1982 403 Petition of John J. Waltz, President of Chaplain Schmitt Memorial Island Inc. requesting to speak relative to placement of marker on island, per phone call from Mr. Waltz, item deleted from Agenda. BOARDS AND COMMISSIONS: Community Development Commis- sion Two At Large Terms, 3 Year Terms to Expire Nov. 8, 1985. Applicants: Don Feldman, F.M. Heliert, Stan Hinke, Edward H. Scott M.D., Melita A. Smith. Council Member Beurskens voted for Smith and Hellert; Mayor Brady voted for Hinke and Smith; Council Member Deich voted for Hellert and Sn~th; Council Member Klauer voted for Smith and Feldman; Council Member Khiesner voted for Smith and Hellert; Council Member Kronfeldt voted for Smith and Scott. Therefore, Melita A. Smith reap- pointed to a three year term on the Community Development Commis~ sion. Second vote for C.D. Commission: Council Member Beurskens moved for Heilert; Mayor Brady voted for Heliert; Council Member Deicb voted for Hellert; Council Member Hammel voted for Hellert; Council Member Klauer voted for Hellert; Council Member Kluesner voted for Hellert; Council Member Kronfeldt voted for Scott. Therefore, F. M. Hellert appointed to the Community Development Com- mission for a three year term which will expire Nov. 8. 1985. Dock Commission: One Three Year Term, To Expire Nov. 26, 1982. Applicants: Don Ailendorf, Marian G. Bissell, Allen J. Gourley, Donald H. Lochner, Rose Marie Montgomery, Don McMullen, Robert W. Smith. Council Member Beurskens voted for Bissell; Mayor Brady voted for Bissell; Council Member Deich voted for Bissell; Council Member Hummel voted for Bissell; Council Member Klauer voted for Bissell; Council Member Kluesner voted for Bissell; Council Member Kronfeldt voted for Bissell. Therefore, Marian G. Bissen reap- pointed to the Dock Board for a three year term to expire Nov. 26, 1982. Plumbing Board: Two Three Year Terms to Expire Nov. 2, 1985-One must be an At Large member and one a Journeyman Plumber. Applicants: Hugh D. Clark, Joseph A. Danner and Gerald P. Swift. Council Member Beurskens voted for Swift and Danner; Mayor Brady voted for Swift and Danner; Council Member Deich voted for Swift and Danner; Council Member Hammel voted for Swift and Danner; Council Member Klauer voted for Swift and Danner; Council Member Kluesner voted for Swift and Danner; Council Member Kronfeldt voted for Swift and Therefore, Joesph A. Danner III reappointed as Journeyman and Gerald P. Swift appointed as At Large Member to the Plumbing Board for a three year term to expire Nov. 2, 1985. RESOLUTION NO. 285-82 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of tMs 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 Lotus College 1450 Alta Vista Passed, adopted and approved tMs 8th day of November, 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, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 286-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and 404 Special Session, November 8, 1982 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 James T. Clark 253 Main Phillip R. Love 481 Locust (Sunday Sales Only) Passed, adopted and approved this 8th day of November, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Com- munity Development Comm. of 10-12 & 10-28; Housing Comm. of 10-19; Plumbing Bd. of 10-28; Human Rights Public Relations Comm. report of August & September, 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, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, of List of Claims for the month of September, 1982, presented and read. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Klauer. Carried by the follow- hig vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Refunds Requested: Ron Blakeman $211.25 on unexpired Liquor License; Pat Healy & Kenneth Melloy, $211.25 on unexpired Liquor License; Michael B. Weber and Randall R. Rick $422.50 on unexpired Liquor License; Dubuque Packing Co. $50 on unexpired Cigarette Permit and $150 on unex- pired Beer Permit, presented and read. Council Member Deich moved that the refunds be approved and Finance )irector to issue proper checks. 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 Eldon B. Digman of Digman Realty Associates, Inc. submitting copies of letters regarding the u~e of "Old Girls Club Building" on W. 17th St., presented and read. Council Member Delch moved that the communication be received and filed. Seconded by Council Member (lauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. U.S. Army Corps of Engineers sub- mitting Public Notice on the proposal by Northern Natural Gas Co. to con- struct a submerged 26" natural gas pipeline across the Mississippi River at approximate mile post 574.2 parellel to and looping an existing natural gas pipeline, presented and read. Council Member Deich moved that the Notice be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business, Council Member Hammel moved to ad- journ. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, HammeL Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis Approved__ _1983 Adopted 1983 Mayor Special Session Council Members ATTEST: City Clerk November 8, 1982 405 406 Special Session, November 15, 1982 CITY COUNCIL OFFICIAL Special Session, November 15, 1982. Council Met at 7:30 p.m., Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, DCAch, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart. City Solicitor Barry A. LindahL Absent--Corporation Counsel Harley F. Stark. Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meetlng is called for the purpose to SET A PUBLIC HEARING FOR THE CONSTRUC- TION OF THE CHAPLAIN SCHMITT MEMORIAL ISLAND GRADING, DRAINAGE AND ROADWAY PAVING PROJECT and acting upon such other business which may properly come before the Council. Invocation was given by Father Robert Levenimgen, Pastor of St. An- thony's Church. Mayor Brady gave an oral report on the Council's tours of FDL Foods and the Burden property (Four Mounds). Communication of City Manager submitting documents providing for the construction of the Chaplain Schmitt Memorial Island Grading, Drainage and Roadway Paving (Base), pi'esented and r~ad. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 287-82 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs., etc. for the Chaplain Schmitt Memorial Island, Grading, Drainage and Road- way Paving (Base), in the estimated amount of $269,925.00 are hereby ap- proved and ordered filed in the office of the City Clerk for public inspection and are to be considered part of this Resolution. Paesed, adopted and approved tills 15th day of November, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the followlng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 288-82 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Chaplain Schmitt Memorial Island -Grading, Drainage and Roadway Paving (Base). BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make tlie herein mentioned improvement, and unless interested persons at the time of the final con- sideratlon of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cAI and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the General Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 15th day of November, 1982. Approved and placed on file for final APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved approval of the Resolution. Secon]ed by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Special Session Klauer, Kluesner, Kronfeldt. Nays--None. (Fixing Date of Hearing and Authorizing Advertisement for Proposals) RESOLUTION NO. 289-82 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its prelimniary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the of- fice of the City Clerk for public inspec- tion for the Chaplain Schmitt Memorial Island- Grading, Drainage and Roadway Paving IBase), and WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public in- spection. NOW. THEREFORE, BE IT RE- SOLVED that on the 6th day of December, 1982, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City Hall at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the day fix- ed for its consideration, and unless in- terested persons at the time of the flnal consideration of the proposed Resolution of Necessity have filed ob- jections with the City Clerk, they shall be deemed to have waived all objec- tions thereto. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 10:00 a.m. the 30th day of November, 1982. Bids shah be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a meeting to be held at the City Council Chambers in City Hall at 7:30 p.m. on the 6th day of December, 1982. Passed, adopted and approved this November 15, 1982 407 15th day of November, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Deich moved to suspend the rules to let anyone present address the Council if they so desire. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning Commission denying zoning reclassification of property east of Southway between Asbury and Dana Rd. from R-5 to OR-1 as requested by Homer Butt and Ed Turnquist, presented and read. Thomas Luksetich, 2744 Linda Ct., requested that the Council set this matter for Public Hearing. Council Member Klauer moved to receive and file the communication and oncur with the denial. Seconded by Council Member Hammel. Council Member Kronfeldt moved to amend the motion to refer the matter back to Planning and Zoning for fur- ther study and reconsideration and reopen the Public Hearing. Seconded by Council Member Beurskens. Amendment carried by the following vote: Yeas--Council Members Beurskens, Deich. Kluesner, Kronfeldt. Nays--Mayor Brady, Council Mem- bers Hammel, Klauer. Vote on the motion, as amended: Yeas--Council Member Kronfeldt. Nays--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner. MOTION FAILED. Council Member Hammel moved that the matter be received and filed and to concur with the denial of the reclassification. Seconded by Council Member Klauer. Carried by the follow- ing vote: 4O8 Special Session, November 15, 1982 Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klauer, Kluesner. Nays--Council Members Beurskens, Kronfeldt. Petition of Dubuque pollcamen's Protective Assn. requesting Officer Wm. Davis be allowed to address the Council regarding Administrative Policy on Residency Requirements for City Employees, presented and read. Officer Wm. Davis requested Coun- cil approval before moving ten miles closer to the City, but still outside the 11/2 mile limit set by the AP. 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. Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Mayor Brady moved that they refer the Administrative Policy to the Mgr. to change the wording on the last paragraph of Page No. i to read: "In the event any current City employee, prior to Sept. 1, 1980, resides outside the State of Iowa OR resides in Iowa but lives more than one and one-half (1~/2) miles outside the corporate limits of the City of Dubu- que and changes his/her place of residence after August 31. 1980, such employee shall relocate his/her place of residence so as to be 50% closer to the one and one-half (1 ~/2) mile limit of this AP. This rule shall also apply in the case of promotion of existing employees to the rank of division Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Delch, Klauer. Nays--Council Members Hammel, Khiesner, Kronfeldt. Communication of Planning and Zoning Commission submitting their review and recommending approval of amendment to the Non-Conforming Use Section of the Zoning Ordinance and set for Work Session on Nov. 22 1982, presented and read. Council Member Deich moved that the communication be received and filed and set for Work Session on Nov. 22, 1982 following the special Council Meeting at City Hall. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Dock Commis- sion advising of cancellation of sublease with Dubuque Marina/Streff- Lombardi and advising of new sublease with Dubuque Marina/Lom- bardi, presented and read. Council Member Hammel moved that the communication be received and filed and sublease approved. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution approving a tentative Five Year Street Construc- tion Program, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel. Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 290-82 Resolution Approving a Tentative Five-Year Stree~ Construction Pro- gram and Submitting Same to the Iowa Department of Transportation. WHEREAS, there has been prepared a tencative Street Construe- tion Program for Fiscal Years 1983 through 1987; and WHEREAS, said construction pco- gram must be filed with the Iowa Department of Transportation by December 1, 1982. for the purpose of allocating Road Use Tax Funds to municipalities; and WHEREAS, this Council has reviewed the tentative Street Con- struction Program as submitted. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the tentative Five- Year Street Construction program for Fiscal Years 1983 through 1987, be and the same is hereby approvec~ and that the City Manager is hereby directed to Special Session forward the required documents to the Iowa Department of Transportation. Passed, adopted and approved this 15th day of November, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesuer, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for the execution of the Grant with UM- TA, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hamme] Klauer, Kluesner. Nays--None. Abstain--Council Member Kronfeldt. RESOLUTION NO. 291-82 Resolution Authorizing the Execution of Grant Agreements with the Depart- ment of Transportation, United States of America, for Grants Under the Ur- ban Mass Transportation Act of 1964 as Amended. 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 U.$. Department of Transportation for aid in the finane- lng of operating and capital assistance projects. Passed and adopted this 15th day of November, 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 Banrskens, Deich, Hammel, Nays--None. Abstain--Council Member November 15, 1982 409 Kronfeldt. RESOLUTION NO. 292-82 BE IT RESOLVED, By the City Council of the City o~ Dubuque. Iowa, that the-following having complied with the provisions of law relating to the sale oI Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Bistro 951 Main St. Kwik Stop Food Mart 2297 University Passed, adopted and approved this 15th day of November, 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. RESOLUTION NO. 293-82 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes with/n the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Patticia Lombardi Schuster d/b/a Ms. Pat's Dubuque Marina Passed, adopted and approved this 15th day of November, 1982. James E. Brady Mayor Aq~EST: Mary A. Davis City Clerk Council Member Klauer moved adop- tion of the Resolution. Seconded by Coun- cll Member Beurskens. Carried by the following vo~ Yeas--Mayor Brady, Council Mem- bees Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 294~2 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be cupied by such applicants were Lnspected and found to comply with the Ordinances 410 Special Session, November 15, 1982 of this City and have flied 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 co the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Hartlg Drug Co. 700 Main St. Hartig Drug Co. 97 Locust ~Also Sunday Sales) Hartlg Drug Co. 2255 J.F.K. IAlso Sunday Sales) Hartig Drug Co. 2225 Central ~Also Sunday Salesl TFM Co. Oky Doky No. 6 1256 Iowa ~Also Sunday Sales} Rainbo Oil Company 2297 University ~Also Sunday Sales} Passed. adopted and approved this 15th day of November, 1982. Iames 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 vo~e: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel. Klauer. Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 295-82 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- cupled 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 "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Town Clock Inn, Inc. Nesler Center, 8th and Main St. Lowrie E. Smith 521 E. 22nd St. (Also Sunday Sales) J.R. Bainbridge 1375 Locust (Sunday Sales Only) Passed. adopted and approved this 15th day of November. 1982. James E. Braay Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, HammeL Klauer. Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 296-82 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 S~a~e 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 au~harized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" iCOMMERCIAL) BEER AND LIQUOR LICENSE Patricia Lombardi Schuster Dubuque Marina ~Also Sunday Sales) Passed. adopted and approved this 15th day of November. 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. Delch. Hammeh Klauer. Kluesner, Kronfeldt, Nays--None. MINUTES SUBMITTED: Airport Comm. of 10-26; Cable Tnle- Programming Comm. of 11-2; Dock Comm. of 10-29; Transit Trustee Bd. of 9-9 and 9-30; presented and read. Council Member Kluesner moved that the minutes be received and filed. Special Session 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 Corporation Counsel recoimnending denial of sewer backup claim of Gilbert and Josephine Roilng, presented and read. Council Member Kluesner moved that the communication be received and filed and denial approved. Second- ed by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Klaesner, Kronfeldt. Nays--None. Communication of Assistant City Attorney Blum submitting copy of Opinion regarding the denial of a Con- ditional Use Per,nit to Area Residen- tial Care, Inc., presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: David Deery, in amt. of $25,000 for personal injuries; Sue Ann Flynn, in amt. of $14.41 for personal injuries; Gerald StangI, in est. amt. of $262.53 for car damages; Dubuque Savings and Loan Assn. vs. Louis T. and Mary C. Clark and City of Dubuque, Notice of Levy and Sale, presented and read. Council Member Kluesner moved that the claims be referred to the Cor- poration Counsel for investigation and report. Seconded by Council Member Beurskens. Carried by the following vote~ Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. REFUNDS REQUESTED: Stephen A. Hiatt and David J. Schroeder, $422.50 on unexpired Liquor License; John Glynn, $50 on unexpired Cigarette License and $225 on unex- pired Class "B" Beer Permit; Crane Enterprise, $50 on unexpired Cigarette License; presented and read. Council Member Khiesner moved that the refunds be approved and November 15, 1982 411 Finance Director to issue proper checks. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Chamber of Commerce ~ubmitting quarterly report for months of July, August and September, 1982 on Con- ventions and Visitors Division, presented and read. Council Member Kluesner moved that the report 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. Russell Nash, 591 W. llth St., stated that the Town Meeting has been changed to Thursday, Nov. 18, at 8:00 p.m. in the Bijou Room at Five Flags. There being no further business, Council Member Deich moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved 1983 Adopted .1983 Mayor Council Members ATTEST: City Clerk 412 Special Session, November 22, 1982 CITY COUNCIL OFFICIAL Special Session, November 22, 1982. Council Met at 7:30 p.m., Council Chambers, City Hall. Present--Council Members Beur- skens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Corporation Counsel Harley F. Stark, Jr. Absent--Mayor Brady. Mayor Pro-Tern Kluesner 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 THE ISSUANCE AND SALE OF CLINIC REVENUE BONDS, IPRO- FESSIONAL ARTS PROJECT) IN AN AMOUNT OF $3,500,000, THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND LOAN AGREEMENT WITH PRO- FESSIONAL ARTS PLAZA LIMITED PARTNERSHIP AND ACTING UPON SUCH OTHER BUSINESS WHICH MAY PROPER- LY COME BEFORE THE COUNCIL. Invocation was given by Rev. James Fish, Assistant to President for Stu- dent Services at Wartburg Seminary. RESOLUTION NO. 297-82 Resolution Authorizing the Issuance and Sale of Clinic Revenue Bonds Series 1982 (Professional Arts Project), in the Principal Amount of $3,500,000, the execution and delivery of an Indenture of Trust to Secure said Bonds, and the Execution and Delivery of a Loan Agreement with Professional Arts Plaza Limited Part- 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- struction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use as of any voluntary nonprofit hospital or clinic or of one or more physicians for an office building to be used exclusive- ly by professional health care pro- viders, including appropriate ancillary facilities; and WHEREAS, the Issuer has made the necessary arrangements with Pro- fessional Arts Plaza Limited Partner- ship (the "Company"), an Iowa limited partnership of which The Graham Group is the general partner, for the acquisition, construction, improving and equipping of a clinic facility, to be leased to physicians and other health service protessionals and providers, to be located within the Issuer (the "Pro- ject'') which will provide additional health care and medicni care services for the inhabitants of the Issuer, and other public benefits flowing therefrom; and WHEREAS, the name of the Pro- ject should be changed to conform to the name of the Company; and WHEREAS, it is necessary and ad- visable that provisions be made for the issuance of Clinic Revenue Bonds, Series 1982 (Professional Arts Project) of the Issuer in the principal amount of $3,500,000 Ithe "Series 1982 Bonds") as authorized and permitted by the Act to finance the, cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Series 1982 Bonds to the Company pursuant to the provi- sions of a Loan Agreement dated as of December 1, 1982 (the "Agreement") between the Issuer and the Company, under which the loan payments to be made by the Company will be suffi- cient to pay the principal of, redemp- tion premium, if any. and interest on the Series 1982 Bonds as and when the same shall be due and payable; and WHEREAS, tile Issuer has arrang- ed for the sale of the Series 1982 Bonds to Dain Bosworth Incorporated (the "Underwriter") pursuant to a Bond Purchase Agreement of even date herewith (the "Bond Purchase Agreement"), as representative for themselves and other purchasers, and pursuant thereto it is agreed that the Issuer will execute and deliver an In- denture et Trust dated as of December 1, 1982 (the "Indenture") to the Davenport Bank & Trust Co., as Tcustee (the "Trustee") for the ben- dholders; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Section 1. In order to finance the cost of the Projec~ the Series 1982 Bonds be and the same are hereby authorized and ordered to be issued by the Issuer Special Session November 22, 1982 413 pursuant to the Indenture in substan- tially the form attached hereto as Ex- hibit A and containing substantially the terms and provisions set forth therein, and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Indenture to the Trustee; and the Mayor and the City Clerk are further authorized and directed to execute and deliver the Series 1982 Bonds (including coupons) as pro vided in the Indenture, including the use of facsimile signatures as therein provided. The Series 1982 Bonds shall mature on the dates and in the amounts and shall bear interest at the rates per annum as set forth on Schedule i attached hereto. Section 2. The Issuer shall loan to the Company the proceeds of the Series 1982 Bonds pursuant to the Agreement in substantially the form attached hereto as Exhibit B and con- taining substantially the terms and provisions set forth therein, and the Mayor and the City Clerk are hereby authorized and directed to execute and deliver the Agreement. Section 3. The sale of the Series 1982 Bonds to the Underwriter at a price of 25% of par, plus accrued interest from December 1, 1982 to the date of delivery of the Series 1982 Bonds pu~ suant to the Bond Purchase Agree- ment in substantially the form attach- ed hereto as Exhibit C and containing substantially the same terms and pro- visions set forth therein is hereby authorized, ratified, approved and con- firmed, and the Mayor and the City Clerk are hereby authorized and directed to execute and deliver the Bond Purchase Agreement. Section 4. The use by the Unde~ writer of the Preliminary Official Statement, dated November 11, 1982~ and a final Official Statement substan- tially in the form of such Preliminary Official Statement and containing substantially the same provisions but with such changes as am necessary to conform to the term of the Series 1982 Bonds, the Agreemeng the Indenture, the Bond Purchase Agreement and any other documents referred to therein in connection with reselling the Series 1982 Bonds to the public are hereby authorized and approvecL Section 5. The Issuer hereby alsets to have the provisions of Section 103(b)(6)fD) of the Internal Revenue Code of 1954, as amended, apply to the Series 1982 Bonds, and the Mayor and City Clerk are hereby directed to file or cause to be filed an appropriate state- ment relating to such election with the Internal Revenue Service. Section 6. The Mayor and the City Clerk are hereby authorized and directed to execute any and all documents and do any and all things deemed necessary in order to effect the accomplishment of the Projbcg the i~ suance and sale of the Series 1982 Bonds and the execution and delivery of the Agreement, the Indenture and the Bond Purchase Agreement, and to carry out the intent and purposes of this Resolution. Section 7. The provisions of this Resolution are hereby declared to be severable and if any section, phrase or provision shall for any re~son be declared to be invalid, such declaration shall not affect thc wlidity of the re- mainder of the sections, phrases and provisions. Section 8. This Resolution shall become effective immediately upon its passage and approval Passed and approved this 22nd day of November, 1982. Loras J. Kluesner Mayor-Pre-Tern ATTEST: Mary A. Davis City Clerk (Seal) Council Member Klauer moved adoption of the Resolution. Seconded by Council Member HanuneL Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Deich, Hammel, Klausr, Kronfeldt. Nays--None. Abstain--Council Member Bent- skens. Absent--Mayor Brady. Communication of Town Clerk for Tswn of Jamestown, Wis. suggesting proposed formation of committee to name Hwy. 151 Bridge across the Mississippi, presented and read. Council Member Hanunel moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Abeent--Mayor Brady. Communication of City Manager submitting an Ordinance authorizing Northwestern Bell Telephone Co. to in- stall five curbside drive-up telephones 414 Special Session, November 22, 1982 in various locations throughout the City, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the folhiwing vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. An ORDINANCE Autbarizing Nor- thwestern Befi Telephone Co. to install five curbside drive-up telephones in various locations throughout the City, presented and read. Council Member Deich moved to deny the adoption of the Ordinance. Seconded by Council Member Ham- mel. Carried by the following vote: Yeas--Mayor Pro-Tern Khiesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager re- questing approval of a Statement of Intent on the use of Community Development Block Grant Funds presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Pro-Tem Kluesner Council Members Beurskens, Deicb, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 298-82 Authorizing the Filing of a Program Statement for a Community Develop- ment Bhick Grant for the City of Dubuque WHEREAS, the City of Dubuque is entitled to participate in the Com- munity Devehipment Block Grant Program authorized under the provi- sions of Title I o£ the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Dubuque has been declared eligible for funding in the approximate amount of $979,000 for calendar year commenc- ing January 1, 1983; and WHEREAS, the Community Development Block Grant Statement has been developed so as to give max- imum feasible priority to activities which will benefit low and moderate in- come persons and aid in the prevention or elimination of slums and blight; and WHEREAS, the City of Dubuque bas provided the citizens of the com- munity with opportunities to comment on the Program Statement; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of a Pro- ~,ram Statement for participation in the Community Development Block Grant program is hereby approved, md the Mayor of the City of Dubuque is hereby authorized and directed to execute the necessary documentation on behalf of the City of Dubuque. Section 2. That the Director of the Department of Community Develop- ment is hereby authorized and directed to submit in the required number of copies, the executed Statement of In- tent to the U.S. Department of Hous- ing and Urban Development and other appropriate agencies together with such other documents evidencing the approval and authorizing the execu- tion and implementation of such State- ment of Intent as may be required. Passed, adopted and approved this 22nd day of November, 1982. Loras J. Khiesner Mayor Pro-Tern ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Pro-Tern Khiesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager re- questing authorization to publish the Environmental Reveiw Findings for the following projects: Housing Rehab. Loans and Grants Program, Emergency Home Repair, Tool Len- ding Library, Miscellaneous Public Improvements, Operation Paint Brush, Code Enforcement, Commer- cial/Industrial Loan Participation (Old Main St.) and the Economic Development/Land Acquisltion~ presented and read. Special Session, Council Member Klauer moved that the communication be received and fried. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 299-82 Authorizing Publication of Notice of Environmental Review Findings for Certain Community Development Block Grant Projects WHEREAS, the City of Dubuque is proposing to enter into a Grant Agree- ment for the Calendar Year commenc- ing January 1, 1983 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Develop- ment Act of 1974, as amended; and WHEREAS, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Ur- ban Development, an environmental review has been processed for the pro- jects hereinafter to be described to be financed with Community Develop- ment Block Grant funds~ and WHEREAS, and ad hoc En- vironmental Review Committee has after due consideration made a deter- mination that the projects are not a major Federal action significantly leering the quality of the human en- vironment; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified projects, and to make the Environmental Review Record for said projects available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof -Housing Rehabilitation Loans and Grant Program -Emergency Repair -Tool Lending Library sponsored by Washington Tool Library -Code Enforcement November 22,1982 415 -Miscellaneous Public Improvements (Street, Alley, Curb, Lighting, Signage, etc.) -Operation Paint Brush -Commercial/Industrial Loan Par- ticipation (Old Main Street) -Economic Development/Land Ac- quisition Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of December 6~ 1982, authorizing the submission of a request to the U.S. Department of Housing and Community Develop- ment to undertake the projects. Passed, approved and adopted this 22nd day of November, 1982. Loras J. Kiuesner Mayor Pro-Tem ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Pro-Tern Khiesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting a third party lease agree- ment between the City, Burroughs Corp. and Data Network Associates for computer services and requesting approval from City Council to execute same, presented and read. Council Member Beurskens moved that the communication be received and filed and Manager authorized to execute Agreement. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Pro-Tem Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 30~82 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Harry Shetler d/b/a King of Clubs 1902 Central Ave. Capital Tobacco Corp. 185 W. 32nd Passed, adopted and approved this 418 Special Session, November 22, 1982 22nd day of November, 1982. Loras J. Kluesner Mayor pro-Tern 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 Pro-Tam Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 301-82 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 Harry W. Shetler 1902 Central (Also Sunday Sales) Michael P. Bower & William J. Lynch 1064 University Ave. (Sunday Sales Only) Passed, adopted and approved this 22nd day of November, 1982. Loras J. Kluesner Mayor pro-Tern 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 Pro-Tern Kluesner Council Members Beurskens, Deich. Hummel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Printed Council Proceedings for the month of August, 1982, for Council ap- proval, 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 Pro-Tern Kluesner. Council Members Beurskens, Deich. Hummel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. MINUTES SUBMITTED: Building Code Advisory & Appeals Bd. of 11-15: ,~lectrical Examining Bd. of 11-9: Planning and Zoning Comm. of 10-20 & 11-3; Cable Regulatory Comm. of 11-10; Five Flags Comm. of 11-15: Transit Bd. Earnings Statement for nonth of Oct., 1982, 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 Pro-Tern Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of City Solicitor ad- vising of closure of case of Superior Welding Co. vs. City of Dubuque, 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 Pro-Tern Kluesner, Council Members Beurskens, Deich. Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. NOTICES OF CLAIMS: Alfred Pol- sean, in amt. of $750 for property damages; Helen A. Thiehin, in undeter- mined amt. for personal injuries, presented and read. Council Member Klauer moved to refer the claims to the Corporation Counsel for investigation and report. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Deich, Hummel, Kiauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Petition containing 26 signatures, members of Dubuque Christians for a Just Society, suggesting possible way to eliminate descrlmination events in the City, presented and read. Special Session November 22, 1982 Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Pro-Tam Kluesner, Council Members Beurskens, Deich, Hammel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Communication of Area Justice Committee, Sisters of St. Francis, faring their help regarding the overt and deep-seated acts of racism in our community, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Pro-Te~n Kluesner Council Members Benrskens, Deich, Hummel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Council Member Beurskens moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member K~onfeldt. Carried by the following vote: Yeas--Mayor Pro-Teea Kluesner Council Members Beurskens, Deich, Hmnmel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Peter J. Takes and Robert Steichen requested clarification of time so as to address the Council relative to the Zoning Ordinance. There being no further business Council Member Hummel moved to ad- journ. Seconded by Council Member Kiauer. Carried by the following vote: Yeas--Mayor Pro-Tern Kluesner, Council Members Beurskens, Deich, Hummel, Klauer, Kronfeldt. Nays--None. Absent--Mayor Brady. Following adjournment, a Work Ses- sion was held with the Council and Planning and Zoning Commission on the Non-Conforming Use Section of the Zoning Ordinance. Mary A. Davis City Clerk Approved. 1983 Adopted _ __1983 Council Members ATTEST: City Clerk Mayor 417