1982 July Council Proceedings245
Special Session, June 28, ~982
Council Members
ATTEST:
City Clerk
Regular Session, July 5, 1982
CITY COUNCIL
OFFICIAL
P~egular Session, July 5, 1982.
Council Met at 7:30 p.m., Council
Chambers, City Hall.
No Members of Council being pre-
sent, the Meeting was adjourned sub~
ject to call.
Mary A. Davis
City Clerk
Approved__1982
Adopted _1982
Mayor
Council Members
ATTEST:
City Clerk
246
247 ~ Regular Adjourned Session, July 6, 1982
CITY COUNCIL
OFFICIAL
Regular Adjourned Session, July 6,
1982.
Council Met at 7:30 p.m., Council
Chambers, City Hall.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
potation Counsel Harley F. Stark, Jr.
Mayor Brady read the call and
stated that service thereof had been
duly made and this meeting is the
REGULAR ADJOURNED SESSION
OF THE REGULAR SESSION OF
JULY 5, 1982 called for the purpose to
act upon such business which may pro-
perly come before the Council.
Invocation was given by Rev. Jean-
nette Hickman-Kingsley, Chaplain of
the University of Dubuque.
PROCLAMATION: Month of July
as "Dubuque City Human Rights
Month" received by Merlin Hull,
Human Rights Commissioner.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to amend Zoning Ordinance
to change greenhouses from a prin-
cipal permitted use to a permitted ac-
cessory use and establish a maximum
size, presented and read.
Council Member Kronfeldt moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Marjorie T. Chavenelle
objecting to p. roposed regulation of
greenhouses m residential areas,
presented and read.
Council Member Kronfeld~; 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, Hummel
Klauer. Kluesner, Kronfeldt.
Nays--None.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances by enacting new
Sections 4-104.2(4) and 5-101.2(7) in
lieu thereof to delete greenhouses as
Principal Permitted use in the R-1
Residential District and establishing a
maximum size for non-commercial
greenhouses, said Ordinance having
been previously presented and read at
the Council Meeting of June 7, 1982
)resented for final adoption.
Marjorie Chaveneile, 1155 Kelly
Lane, requested the Council not enact
the Ordinance, stressing the value of
these quiet residential facilities.
Frank Miller, 602 E. 22nd, stressed
the increased usage of utilization of
greenhouses to start productive
gardens and this usage should not be
stifled.
Council Member Kronfeldt moved to
deny final adgption of the Ordinance.
Seconded by Council Member Bear-
skens. Carried by the following vote:
Yeas--Council Members Beurskens,
Deich, Hummel, Klauer, Kluesner,
Kronfeldt.
Nays--Mayor Brady.
Proof of publication, certified to by
the Publisher, on Notice of Public
, Hearing to consider rescinding a lease
between the City and Mississippi
Valley Milk Producers, presented and
read.
There were no written objections
received and to oral objectors present
at the time set for the Hearing.
Council Member Deich moved that
the proof of publication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 174-82
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion published on the 25th day of June,
1982, in the City of Dubuque, Iowa,
the City Council of the City of Dubu-
que, Iowa met on July 6, 1982 at 7:30
o'clock p.m. (CDT) in the Public
Library Auditorium, 11th & Locust
Streets, Dubuque, Dubuque County,
Iowa to consider the rescission of one
Regular Adjourned Session, July 6, 1982 248
certain lease, dated April 10, 1963, by
and between the City of Dubuque.
Iowa through its Board of Dock Com-
missioners and the Mississippi Valley
Milk Producers, said rescission being
conditioned upon Consent to said
rescission executed by Mississippi
Valley Milk Producers that a Lease by
the City of Katuin Bros., Inc. be ap-
proved, copy of the Dock Board
Resolution rescinding said Lease, the
Consent thereto by Mississippi Valley
Milk Producers and said lease are
hereto attached and by reference made
a part hereof; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to
the proposal to grant said Lease
rescission.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the proposal to res-
cind the Lease by and between the City
by and through its Board of Dock
Commissioners and Mississippi Valley
Milk Producers, dated April 10, 1963 be
and the same is hereby approved, copy
of Dock Board Resolution rescinding
said Lease, together with conditioned
Consent of Mississippi Valley Milk
Producers and said Lease, are hereto
attached and made a part hereof
Section 2. That the City Clerk be and
she is hereby directed to file certified
copy of this Resolution in the office of
the Dubuque County Recorder and the
office of the City Assessor.
Passed, adopted and approved this
6th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Delch moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communicati°n of City Manager
submitting documents and procedures
for the City of Dubuque 1982 Asphalt
Paving and Concrete Projects,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 175-82
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 City of Dubuque 1982 Asphalt
Paving Project.
BE IT FURTHER RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sideration of this proposed resolution
[ have filed objections with the City
[ Clerk to the proposed plans, specifica-
~ tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from General Fund.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 6th day of Ju-
ly, 1982.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
approval of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
IPreliminary Approval of plans, Specs)
RESOLUTION NO. 176-82
BE IT RESOLVED by the City
249
Regular Adjourned Session, July 6, 1982
Council of the City of Dubuque, Iowa,
that the proposed plans, specs., etc.
and all other documents for the City of
Dubuque 1982 Asphalt Paving Project
with the probable cost of the improve-
ment being $331,888.91, be hereby ap-
proved and ordered filed in the office
of the City Clerk for public inspection.
Passed, adopted and approved this
6th day of July, 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.
(Fixing Date of Hearing and
Authorizing Advertisement for
Proposals)
RESOLUTION NO. 177-82
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary aproval on the proposed
plans, specifications, and form of con-
tract and places same on file in the of-
rice of the City Clerk for public inspec-
tion for the City of Dubuque 1982
Asphalt Paving Project, 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 2nd day of
August, 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 oI 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
tlian twenty days prior to the day fix-
ed for its consideration, and unless in-
terested persons at the time of the
final 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
hat 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 oI said proposals at 10:00 a.m.
the 22nd day of July, 1982. Bids shall
be opened and read by the City Clerk
at said t~me and will be submitted 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 2nd day of August, 1982.
Passed, adopted and approved this
6th day of July, 1982.
James E. Brady
. Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution, setting for
Hearing 8-2-82. 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.
(Necessity for Improvement)
RESOLUTION NO. 17~82
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
tlie City Clerk showing among other
things the plans, specifications, form
of contract, estimated cost and
preliminary plat and schedule showing
the amount proposed to be assessed
against each lot and the valuatlan of
each lot as fixed by the City Council,
for the City of Dubuque 1982 Concrete
Paving Project.
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 the 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
Regular Adjourned Session, July 6, 1982 250
legality of using the special assess-
ment procedure.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the city Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
assessed partially or totally against
privately owned property lying within
the assessment lin~its, and in an
amount not to exceed that provided by
law, and in proportion to the special
benefits conferred.
The portion of the cost which shall
be borne by the City will be paid from
General Fund, and special assessment
bonds may be issued in anticipation of
deferred payments of assessments
when a contract has been performed
and accepted, and the proceeds thereof
used to pay the contractor.
The above resolution was introduc-
ed,approved and ordered placed on file
with the City Clerk this 6th day of
July, 1982.
Approved and placed on file for final
action.
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.
IPreliminary Approval of Plans, Etc.)
RESOLUTION NO. 17~82
BE IT RESOLVED BY THE CITY
COUNCIL of the City of Dubuque,
Iowa, that the proposed plans, specs,
etc. required for the City of Dubuque
1982 Concrete Paving with Integral
Curb Project, in the estimated amount
of $315,496.83, be hereby approved
and ordered filed in the office of the
City Clerk.
Passed, adopted and approved this
6th day of July, 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, Deicb, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(Fixing Date of Hearing)
RESOLUTION NO. 180-82
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
~reliminary approval on the proposed
dans, 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 City of Dubuque 1982
Concrete Paving Project. and,
WHEREAS, the proposed Resolu-
tion of Necessity for said improvement
~as 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 2nd day of
August, 1982, a public hearing wifi be
held at 7:30 o'clock p.m. in the City
Council Chambers in tlie City of Dubu-
que at which time the owners of pro-
perty subject to assessment for the
proposed improvement or any other
person having an interest in the mat-
ter may appear and be heard for or
against the making of the improve-
ment, the boundaries of the district,
the cost, the assessment against any
lot, or the final adoption of a resolution
of necessity, and the City Clerk be and
is hereby authorized and 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
be published once each week for two
:onsecutive weeks, the first publica-
tion of which shall be not less than ten
days prior to the day fixed for its con-
sideratinn. Unless property owners at
;he time of the final consideration of
this proposed resolutinn have on file
with the City Clerk objections to the
resolution of necessity they shall be
deemed to have waived all objections
;hereto.
Passed, adopted and approved this
6th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution, setting
Hearing for 8-2-82. Seconded by Court-
cil Member Beurskens. Carried by the
251
Regular Adjourned Session, July 6, 1982
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of P & Z Commis-
sion recommending a proposed amend-
ment to the PI Planned Industrial
District provisions of the Zoning Or-
dinance, presented and read.
Council Member Deich moved that
the communication be received and
filed. Seconded by Council Member
Kinesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances by providing for
an amendment to the PI Planned In-
dustrial District provisions of the zon-
ing Ordinance, presented and read.
Council Member Deich moved that
the reading just had be consldered the
first reading of the Ordinance. Second-
ed by Council Member Kluesner. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer. Kluesner, Kronfcidt.
Nays--None.
Council Member Dcich moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final adop-
tlon is made, be dispensed with.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfcidt.
Nays--None.
Council Member Deich moved that a
Public Hearing be held on the Or-
dinance on Aug. 2, 1982 at 7:30 p.m. in
the Council Chamber at the City Hall
and that the City Clerk be instructed
to publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of P & Z recommen-
ding approval of an amended
Preliminary Development Plan for
Dubuque Industrial Center, presented
and read.
Council Member Klauer moved that
the communicatlon be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
An ORDINANCE Amending Code
of Ordinances by provlding for
Preliminary Development Plan for
Dubuque Industrial Center, presented
and read.
Council Member Klauer moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Kronfeldt. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bourskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Klauer moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfekit. Car~ed
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Doich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Klauer moved that
a Public Hearing be held on the Or-
dinance on Aug. 2, 1982 at 7:30 p.m. in
the Council Chamber at the City Hall
and that the City Clerk be instructed
to publish notice of tho Hearing in the
manner prescribed by law. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Francis Wm. Henkels re-
questing to address the Council to pre-
sent matters regarding the Friendship
Forco, presented and read.
Upon Mr. Henkels not being in at-
tendance, Counc'd Member Hammel
moved that tins matter be received
and filed end referred to the next
Council Meeting. Seconded by Council
Member Kiauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfcidt.
Nays--None.
Regular Adjourned Session, July 6, 1982 252
Petition of Donovan's Food Market
requesting to address the Council
regarding Amendment to Code of Or-
dinances to allow 15-minute parking
on their side of 19th Street only
(m0rket located at 1876 Central Ave.),
presented and read.
Wm. Ward of Donovan's requested
consideration of parking change so as
to provide short-term parking for his
business.
Council Member Deich moved that
this matter be 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, Kluesner, Kronfeldt.
Nays--None.
Verbal Petition of Mayor Brady re-
questing changing the time of parking
meters on Main St. between llth and
12th Streets, presented and read.
Council Member Beurskens moved
that this matter be 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, Kluesner, Kronfeldt.
Nays--None.
Petition of Airport Commission re-
questing Council to take the necessary
action as authorized in Chapter 329,
Code of Iowa, regarding rezoning land
around the Dubuque Municipal Air-
port, presented and read.
Lucy Connor, Community Noise
Counselor, requested action be taken
to achieve zoning around the Airport.
Council Member Hammel moved
that the petition be received and filed
and referred to the Corporation
Counsel to take necessary action to in-
stitute suit against the County Board
of Supervisors regarding proper rezon-
lng around the Airport. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt. Nays--None.
Abstain--Council Member Klauer.
Proof of publication, certified to by
the Publisher, of the Receipt of Pro-
posals for the construction o£ the Ice
Harbor Museum-Riverfront Tourist
Access, presented and read.
Council Member Dcich moved that
the proof of publication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Communication of City Manager
recommending to award Contract for
above to River City Paving, Inc.,
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, Hammci,
Klauer, Kinesner, Kronfeldt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 181-82
WHEREAS, sealed proposals have
been submitted by contractors for the
Ice Harbor Museum-Riverfront
Tourist Access pursuant to Resolution
No. 138-82 and notice to bidders
published in a newspaper published in
the City of Dubuque, Iowa on June 10,
1982.
WHEREAS, said sealed proposals
were opened and read on June 24, 1982
and it has been determined that the
bid of River City Paving, Inc. of Dubu-
que, Iowa in the amount of $90,007.13
was the lowest bid for the furnlsinng
of all labor and materials and perform-
lng the work as provided for in the
plans and specifications.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
That the contractor for the above-
mentioned improvement be awarded
to River City Paving, Inc. and the
Manager be and is hereby directed to
execute a contract on behalf of the
City of Dubuque for the complete per-
formance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
tract and the approval of the contrac-
tor's bond, the City Treasurer is
authorized and instructed to return
the bid deposits of the unsuccessful
bidders.
Passed and adopted this 6th day of
July, 1982.
James E. Brady
Mayor
253 Regular Adjourned Session, July 6, 1982
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Ordinance providing for
the elimination of the position of Park
Superintendent. presented and read.
Council Member Hammel moved
that the communication be received
and filed. 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.
ORDINANCE NO. 31-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY
REPEALING SECTION 27-26
THEREOF PROVIDING FOR THE
ELIMINATION OF THE OFFICE
OF PARK SUPERINTENDENT,
presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Delcil. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 31-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE BY REPEAL-
ING SECTION 27-26 THEREOF.
PROVIDING FOR THE ELIMINA-
TION OF THE OFFICE OF PARK
SUPERINTENDENT.
NOW~ THEREFORE. BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of O~
dinances of the City of Dubuque be
amended by repealing Section 27-26
thereof
Passed, adopted and approved this
6th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 15th day of Ju-
ly, 1982.
Mary A. Davis
City Clerk
It 7/15
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Ordinance permitting the
use of beer in containers in public
parks under certain conditions,
presented and read.
Council Member Klauer moved that
the communication be recoived and
filed. Seconded by Council Member
Hammel. Carried by the following
voto~
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
ORDINANCE NO. 32-82
AN ORDINANCE AMENDING
CODE OF ORDINANCES BY ENAC-
TING A NEW SUBSECTION (c} OF
SECTION 27-37 IN LIEU THEREOF
PERMITTING "KEG BEER" IN
PUBLIC PARKS UNDER CERTAIN
CONDITIONS, presented and read.
Council Member Klauer moved that
the reading just had be considered the
first reading of the Drdinance. Second-
ed by Council Member Hammel. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Deich. HammeL
Klauer. Kluesner.
Nays--Council Member Kronfeldt.
Council Member Klauer moved that
the rule requiring an Ordinance to be
presented and read at two meetings
Regular Adjourned Session, July 6, 1982 254
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas-Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
ORDINANCE NO. 32-82
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY REPEALING SUBSECTION
(c) OF SECTION 27-37 THEREOF
AND ENACTING A NEW SUB-
SECTION (c) OF SECTION 27-37
IN LIEU THEREOF PERMIT-
TING "KEG BEER" IN PUBLIC
PARKS UNDER CERTAIN CON-
DITIONS.
WHEREAS, the Code of Ordinances
of the City of Dubuque, Iowa prohibits
the use of beer in containers commonly
referred to as "keg beer" in public
parks; and
WHEREAS, a holder of a Beer Per-
mit has been permitted from time to
time to dispense beer from kegs in cer-
tain public parks in connection with
organized events; and
WHEREAS, it is deemed to be in
the best interest of the City to permit
the use of keg beer containers under
certain conditions.
NOW THEREFORE, BE IT
ORDAINED by the City Council of
the City of Dubuque, Iowa:
SECTION 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by repealing Subsec-
tion (c) of Section 27-37 thereof and
enacting a new Subsection (c) of Sec-
tion 27-37 in lieu thereof as follows:
"Sec. 27-37. Intoxicating Beverages.
(c) Where the use or consumption of
beer is permitted, no beer in contain-
ers commonly referred to as 'keg
beer' shall be permitted at any time
except by a licensed holder of a Beer
Permit and who has obtained a Park
Permit from the Park and Recreation
Department authorizing the use of
such container."
PASSED, ADOPTED AND
APPROVED, this 6th day of July,
1982.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 15th day of
July, 1982.
, Mary A. Davis
City Clerk
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by CounciI Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
Communication of City Manager
submitting Ordinance eliminating the
requiring of flagmen at certain
railroad crossings, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 33-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY
REPEALING SECTION 35-2 IN
LIEU THEREOF AND PROVIDING
FOR THE ELIMINATION OF A
FLAGMEN AT CERTAIN
RAILROAD CROSSINGS, presented
and read.
Council Member Klauer moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Deich. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Klauer moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 33-82
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY REPEALING SECTION 32-5
THEREOF AND PROVIDING
FOR THE ELIMINATION OF A
FLAGMAN AT CERTAIN RAIL-
ROAD CROSSING
NOW THEREFORE, BE IT
ORDAINED by the City Council of
the City of Dubuque, Iowa:
255 Regular Adjourned Session, July 6, 1982
Section 1. That the Code of Ordi-
nances of City of Dubuque, Iowa be
amended by repealing Section 32-5
thereof.
PASSED, ADOPTED AND
APPROVED this 6th day of July.
1982.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 15th day of
July, 1982.
Mary A, Davis
City Clerk
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by Council Member Deich. Carried by
the foliowlng vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting three Ordinances clarify-
lng the City's Code of Ordinances by
eliminating duplicate provisions also
found in the Uniform Fire Code,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, KronIeldt.
Nays--None.
ORDINANCE NO. 34-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY
REPEALING SECTIONS 14-10,
14-11, 14.12 AND 14-13 THEREOF
PROVIDING FOR THE REPEAL
OF CODE PROVISIONS
DUPLICATED IN THE UNIFORM
FIRE CODE, presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
berd Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 34-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTIONS 14-10, 14-
11, 14~12, AND 14-13 THEREOF
PROVIDING FOR THE REPEAL
OF CODE PROVISIONS DUPLI-
CATED IN THE UNIFORM FIRE
CODE.
WHEREAS, City Council did adopt
on November 19, 1979 the Uniform
Fire Code governing conditions hazar-
dous to life and property from fire and
explosion; and
WHEREAS, certain of the adopted
provisions were previously contained in
the Code of Ordinances of the city and
were not repealed at the time of the
adoption of the Uniform Fire Code.
NOW THEREFORE, BE IT
ORDAINED by the City Council of
the City of Dubuque, Iowa:.
PASSED, APPROVED AND
ADOPTED on this 6th day of July,
1982.
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Sections 14-
10, 14-11, 14-12 and 14-13 thereof.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 15th day of
July, 1982.
Mary A, Dav~
City Clerk
It 7/15
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 35-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING A NEW DIVISION I OF AR-
TICLE III OF CHAPTER 14 COM-
PRISED OF SECTIONS 14~46
THROUGH 14-49 IN LIEU
THEREOF PROVIDING FOR
GENERAL PROVISIONS PER-
TAINING TO SERVICE STATIONS
Regular Adjourned Session, July 6, 1982 256
AND TANK TRUCKS, presented and
read.
Council Member Hammel moved
that the reading just. had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel.
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 35-82
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY REPEALING DIVISION I OF
ARTICLE III OF CHAPTER 14
COMPRISED OF SECTIONS 14-46
THROUGH 14-61 AND ENACTING
A NEW DIVISION 1 OF ARTICLE
III OF CHAPTER 14 COMPRISED
OF SECTIONS 14-46 THROUGH
14-49 IN LIEU THEREOF PRO-
VIDING FOR GENERAL PROVI-
SIONS PERTAINING TO
SERVICE STATIONS AND TANK
TRUCKS.
WHEREAS, City Council did adopt
on November 19, 1979 the Uniform
Fire Code governing conditions hazar-
dous to life and property from fire and
explosion; and
WHEREAS, certain of the adopted
provisions were previously contained in
the Code of Ordinances for the city
and were not repealed at the fime of
the adoption of the Uniform Fire
Code; and
WHEREAS, other provisions of the
Code of Ordinances are not contained
in the Uniform Fire Code and are to be
retained and renumbered to conform
with the numbering system of the Code
of Ordinances.
NOW, THEREFORE, BE IT
ORDAINED by the City Council of
the City of Dubuque, Iowa:
Section L That the Code of Ordi-
nances of the City of Dubuque be
amended by repealing Division I of
Article III of Chapter 14 comprised of
Sections 14-46 through 14-61 thereof
and enacting a new Division 1 of Arti-
cle III of Chapter 14 comprised of Sec-
tions 14-46 through 14-49 in lieu
thereof as follows:
ARTICLE III. SERVICE
STATIONS AND TANK VEHICLES
DIVISION 1. GENERALLY
"Sec. 14-46. Definition.
£o~ the purposes of this Article the
following term shall have the mean-
lng ascribed to such term in this sec-
Service Station shall mean that per-
tion of a property where fiannnable
or combustible liquids used as motor
fuels are stored and dispensed from
fixed equipment into fuel tanks of
motor vehicles or floating crafts.
Sec. 14-47. Operation of Service Sta-
tion during Unloading of Tank Vehi-
cie Restricted.
No service station shall conduct its
regular business operations while a
tank vehicle is discharging Class I
flammable liquid on the premises if
such tank vehicle is located in a posi-
tion that will interfere with the
unrestricted flow of the normal busi-
ness traffic of the station.
Sec. 14-48. Hours of Unloading Tank
Vehicles Restricted.
It shall be unlawful for any person to
unload any Class I flammable liquid
from any tank vehicle between the
hours of 10:00 p.m. and 6:09 a.m. in
any local business district or resi-
dence district as established by the
zoning ordinance of the city.
Sec. 14-49. Unloading of Tank Vehi-
cles While on Public Streets Prohi-
bited; Exception.
No tank vehicle shall discharge or
unload, or transfer Class I flammable
liquid while any portion thereof is
standing on any street, alley or pub-
lic highway, except in the case of
emergency.
In the event an emergency requires
the discharge or unloading of Class I
flammable liquid from any tank vehi-
cie on a public street or highway, the
Chief shall be notified and such oper-
ation shall not be commenced until
such necessary safeguards as he or
she shall require have been estab-
lished.'
PASSED, APPROVED AND
ADOPTED this 6th day of July, 1982.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 15th day of
July, 1982. It 7/15
Council Member Hammel moved
final adoption of the Ordinance.
257
Regular Adjourned Session, July 6, 1982
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.
ORDINANCE NO. 36-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC*
TING A NEW DIVISION 2 OF AR-
TICLE III OF CHAPTER 14 COM-
PRISED OF SECTIONS 14-55
THROUGH 14-58 PROVIDING FOR
SERVICE STATION LICENSES,
presented and read.
Council Member Hammel moved
that the reading just had be con-
sldered the first reading of the Or-
dinance. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Beurskens. Car-
tied by the fonowing vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel
Klauer, Khiesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 36-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING DIVISION 2 OF ARTI-
CLE III OF CHAPTER 14 COM-
PRISED OF SECTION 14-67
THROUGH 14-74 AND ENACTING
A NEW DIVISION 2 OF ARTICLE
III OF CHAPTER 14 COMPRISED
OF SECITONS 14-55 THROUGH 14-
58 PROVIDING FOR SERVICE
STATION LICENSES.
WHEREAS, City Council did adopt
on November 19, 1979 the Uniform
Fire governing conditions hazardous to
llfe and property from fire and explo-
sion; and
WHEREAS, certain of the adopted
provisions were previously contained in
the Code of Ordinances for the city
and were not repealed at the time of
the adoption of the Uniform Fire
Cede; and
WHEREAS, other provisions of the
Code of Ordinances are not contained
in the U~flform Fire Code and are to be
retained and renumbered to conform
with the numbering system of the Code
of Ordinances.
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 repealing Division 2 of
Article III of Chapter 14 comprised of
Sections 14-67 through 14-74 thereof
and enacting a new Division 2 of Arti-
cle III of Chapter 14 comprised of Sec-
tions 14-55 through 14-58 providing for
service station licenses.
ARTICLE IlL SERVICE
STATIONS AND TANK TRUCKS
DIVISION 2. SERVICE STATION
LICENSES
"Section 14-55. License Required.
No person shall engage in the oper-
ation of any service station within
the city without first obtaining an
annual license therefor in compliance
with the provisions of this division.
Section 14-56. Applications.
Applicants for a service station
license shall file with the Chief an
application showing:
1. The name and address of the
applicant;
2. The location of the service sta-
tion;
3. The name and address of the
owner of the premises on which the
service station is located;
4. The name and address of the
operator of the service station; and
5. The amount of Class I flamma-
ble liquid storage provided in such
selvice station.
Section. 14-57. Fee.
Each applicant for a license
required by this division shall pay a
fee therefor of twenty-five dollars
($25.00).
Section 14-58. Expiration; Renewal.
The license required by this divi-
sion shall expire on the 30th day of
June following the issuance thereof,
and renewal fees for such licenses
shall be due July 1st of each year for
the ensuing year and shall become
delinquent if unpaid by the 10th day
of July of each year. A penalty fee fo
$10.00 shall be added to all delin-
quent fees."
PASSED, APPROVED AND
ADOPTED this 6th day of July, 1982.
James E, Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Tei~graph
Herald newspaper this 15th day of
July, 1982.
Mary A. Davis
City Clerk
It 7/15
Regular Adjourned Session, July 6, 1982 258
Council Member Hammei moved
final adoption of the Ordinance.
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 re-
questing authorization for the Mayor
to execute a Standards of Conduct
Statement for the City of Dubuque,
presented and read.
Council Member Klauer moved that
the communication be received and
filed and directed Mayor to execute.
Seconded by Council Member Ham-
reel. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Ordinance regarding re-
quirements for Surety Bonds for cer-
tain employees, 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-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 37-82
AN ORDINANCE AMENDING
CODE OF ORDINANCES BY ENAC-
TING A NEW SECTION 2-69 IN
LIEU THEREOF, PROVIDING FOR
OFFICERS' BONDS, presented and
read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 37-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 2-69
THEREOF AND ENACTING A
NEW SECTION 2-69 IN LIEU
TrIEREOF, PROVIDING FOR OFFI-
CERS' BONDS.
NOW THEREFORE, BE 1T
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE~
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Section 2-69
thereof and enacting a new Section 2-
69 in lieu thereof as follows:
"Sec. 2-69. Officers Bond.
(a) The following officers of the City
of Dubuque shall give official bonds in
the penal sum of $50,000 each, the pre-
mium being paid by the City, in the
form set forth in Section 64.2 of the
Code of Iowa:
(1) City Manager
(2) Corporation Counsel
(3) Public Works Director
(4) Community Development Direc-
tor
(5) Finance Director
(6) City Clerk
(7) City Engineer
(8) Civic Center Director
(9) Information Services Director
(10) Airport Manager
(11) Budget Officer
(12) Library Director
(13) City Solicitor
(!4) Assistant City Attorney
(15) City Treasurer
(b) The bonds furnished as required
by paragraph (a) of this section shall
run from July 1st (or the date of tak-
ing office) to June 30th following.
(c) All other employees of the City of
Dubuque shall be covered by an offi-
cial bond in the penal sum of $5,000
each.
PASSED, APPROVED AND
ADOPTED this 6th day of July, 1982.
ATTEST: James E. Brady, Mayor
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 15th day of
July, 1982. Mary A. Davis
It 7/15 City Clerk
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
259
Regular Adjourned Session, July 6, 1982
Communication of City Manager
submitting Resolution providing for
the approval of Supplement No. 13 to
the Code of Ordinances, presented and
read.
Council Member Hamme] 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, Kronfe]dt.
Nays--None.
RESOLUTION NO. 182-82
Adopting Supplement #13 to the Code of
Ordinances of the City of Dubuque, IA.
WHEREAS. under date of
November 16, 1981, the City Council,
pursuant to Ordinance 63-81,
readopted the Code of Ordinances of
the City of Dubuque for ordinances
adopted up to and including March 10,
1981; and
WHEREAS, since March 10, 1981,
the City Council of Dubuque, Iowa,
has adopted certain ordinances amen-
ding the Code of Ordinances and said
amendments have been printed as sup-
plements to the Code of Ordinances;
and
WHEREAS, Section 380.8 of the
Code of Iowa provides that sup-
plements, by resolution, become part
of the Code of Ordinances.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Supplement No. 13 to
the Code of Ordinances of the City of
Dubuque, lowa, covering ordinances
adopted by the City Council of the City
of Dubuque, lowa, up to and through
March 11, 1982, printed by the
Municipal Code Corporation,
Tallahassee, Florida, hereto filed in the
office of the City Clerk of the City of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Iowa.
Passed, adopted and approved this
6th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kinuer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing authorization to execute a
Community Development Block Grant
Agreement, 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. 183-82
A Resolution Authorizing the Execu-
tion of a Community Development
Block Grant Agreement with the
Department of Housing and Urban
Development
WHEREAS, under provisions of Ti-
tlc I of the Housing and Community
Development Act of 1974, as amend-
ed, the City of Dubuque prepared and
submitted an application for a Com-
munity Development Block Grant;
and
WHEREAS, the application has
been approved for the City of Dubuque
in the amount of $979,000 for a twelve-
month program beginning July 1,
1982; and
WHEREAS, a Grant Agreement
covering the activities proposed to be
carried out with Community Develop-
merit Block Grant funds has been
tendered the City of Dubuque;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Grant Agree-
ment, authorized by the U.S. Depart-
ment of Housing and Urban Develop-
ment'on June 18~ 1982, for Dubuque's
Eighth Year Community Development
Block Grant is hereby accepted.
Section 2. That the Mayo~of the City
of Dubuque be and he is hereby
authorized and directed to execute a
Community Development Block Grant
Agreement identified as Grant Agree-
rnent B~2-MC-I~O004 for submission
Regular Adjourned Session, July 6, 1982 260
to the U.S. Department of Housing
and Urban Development.
Passed, adopted and approved this
6th day of July, 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-
bets Beurskens, Deich, Hammel
Kinuer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing release of funds for a certain
Community Development Block Grant
Project, 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, Delch, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 184-82
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 June 15,
1982 which completed an Envlronmen-
tnt Assessment of the following iden-
tified project to be funded in the Com-
munity Development Block Grant:
INDUSTRIAL/COMMERCIAL
LOAN PARTICIPATION
OLD MAIN STREET AREA
WHEREAS, pursuant to Resolution
No. 169-82, adopted June 21, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for the project above was
published June 23, 1982, in the Dubu-
que Telegraph Herald, a newspaper of
general circulation and provided for a
public comment period until 12:00
Noon, Friday, July 9, 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 Environmental
Review Becord 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 Resolutio~ a request for
release of funds to undertake the said
project
Section 3. That the Mayorofthe 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
responsiblities for review, decision-
making, and action assumed and ca~
ried out by the City of Dubuque as to
environmental issues.
Section 4. That the Mayor of the City
of'Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the Federal courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making and actio~
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-
vlronmental review procedures.
Section 6. That the C~ty Clerk be and
she is hereby authorized and directed
to publish a public notice for a Req uest
for Release of Funds and Certification
in the form of Exhibit "A" attached
261
Regular Adjourned Session, July 6, 1982
hereto and made a part hereof
Passed, adopted and approved this
6th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of P & Z Co~nmis-
sion approving final plat for Clara
Papenthien for property located south
of John F. Kennedy Rd. and east of
Sherwood Park, 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-
bers Beurskens, Deich, Hammet,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 185-82
Resolution Approving the Plat of the
Subdivision of Lot 1 of Lot No. 1 of the
Southeast One Quarter of Northeast
One Quarter, Section 10, Township 89
North, Range 2 East of 5th Principal
Meridian, Being in Dubuque
Township, Dubuque County, lowa~
WHEREAS, there has been filed
with the City Clerk a plat of the Sub-
division of Lot 1 of Lot No. 1 of the
Southeast One Quarter of Northeast
One Quarter, Section 10, Township 89
North, Range 2 East of 5th Principal
Meridian, being in Dubuque
Township, Dubuque County, Iowa;
and
WHEREAS, said plat has been ex-
amined by the City Planning and Zen-
LUg Commission and they find the
same conforms to the statutes and or-
dinanees relating thereto, except that
Lot 2 of Subdivision oI Lot 1 of Lot
No. 1 of Southeast One Quarter of Nor-
theast One Quarter, Section 10,
Township 89 North, Range 2 East oI
5th Principal Meridian, Dubuque
Township, Dubuque County. Iowa,
does not front on a public street and
lacks the minimal lot frontage of 120
feet required by Dubuque County; and
WHEREAS, said plat has been ap-
proved by the City Planhing and Zen-
Lug Commission on the condition that
no further subdividing shall be com-
menced until a preliminary plat has
been submitted and approved with
adequate roads and access to proposed
lots; and no building permits will be
obtained for Lot 1 oI Subdivision of
Lot 1 of Lot No. 1 of Southeast One
Quarter of Northeast One Quarter,
Section 10, Township 89 North, Range
2 East of 5th Principal Meridian,
Dubuque Township, Dubuque County,
Iowa until an approved road is con-
structed.
WHEREAS, said plat has been ex-
amLued 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 1. That the above-described
plat be and the same is hereby approv-
ed and the Mayor and Clerk be and are
hereby authorized and directed to eh-
dorse the approval of the City of Duha-
que upon said pla~ provided that the
owner of said property shall execute a
written acceptance hereto attached,
acknowledging and agreeing that:
a) No further subdividing shall be
commenced until a preliminary plat
has been submitted and approved with
adequate roads and access to proposed
lets;
b) No building permits will be obtain-
ed for Lot I of Subdivision of Lot 1 of
Lot No. 1 of Southeast One Quarter of
Northeast One Quarter, Section 10,
Township 89 North, Range 2 East of
5th Prineipa~ Meridian, Dubuque
Township, Dubuque County, lowa, un-
til an approved road is constructed;
Section 2. That in the event the
ozaner 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
6th day of July, 1982.
James E. Brady
Mayor
Regular Adjourned Session, July 6,1982 262
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 185-82
I, the undersigned Clara B. Papen-
thien, having read the terms and con-
ditions of the foregoing Resolution No.
185-82 and being familiar with the con-
dition thereof, hereby accept the same
and agree to the condition required
therein.
Dated at Dubuque, Iowa this 7th
day of July, 1982.
By:
Clara B. Papenthien
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfoldt. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauor, Kluesner, Kronfeldt.
Nays--None.
Petition of Council Member John
Klauer requesting consideration be
given to changing the Council
Meetings back to weekly, presented
and read.
After discussion, Council Member
Klauer moved to have weekly Council
Meetings starting in August 1982,
with the fourth Monday reserved for a
possible Work Session, rather than a
full Meeting. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas-Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer.
Nays--Council Member Hummel,
Kineener, Kronfeldt.
Communication of Council Member
Donald Deich requesting to address
the subject of the Dock Commission's
Status, present and future, their
duties and any other item that is
related, presented and read.
After discussion, Council Member
Hummel moved that they table the
forming of any Ad-Hoc Committee, as
requested by Mr. Deich, until a
meeting can be scheduled with the
Council and the Dock Comndssion.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem~
hers Beurskens, Deich~ Hummel,
IClauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
recommending approval to pay the
League of Iowa Municipalities dues for
FY '83 in the amount of $3,792.36,
presented and read.
Council Member Hummel moved
that the communication be received
and filed and approved. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
Presentation of Agreement with
Lyle Sumek for Fiscal Year 1983,
presented and read.
Council Member Beurskens moved
that the Agreement be approved as
presented, with cost not to exceed
$15,000. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Council Members Beurskens,
Hummel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Deich, Klauer.
RESOLUTION NO. 186-82
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.
ARA Services, W.C. Brown Co.
2460 Kerper Blvd.
ARA Services, Dubuque Packing Co.
701 E. 16th St.
ARA Services, Flexsteel Industries
3200 Jackson St.
ARA Services, A.Y. McDonald
12th and Pine St.
Country Pride Inn
504 Central Ave.
Crealanes Bowling
255 South Main
Cue Master Billiards
841 Central Ave.
Finale Lounge
1701 Central Ave.
Mike Finninn Ford, Inc.
3600 Dodge
Grub's Pub
2327 Central Ave.
Imperial Lanes, Inc.
3505 Stoneman Rd.
Johnny's Tap
760 E. 16th St.
Mr. Steak Restaurant
2660 Dodge St.
Morett's 76 Service
3198 Central
O'Hsra Texaco
70 S. Locust
263
Regular Adjourned Session, July 6,1982
The Oil Depot/Mini-Mart
1075 Dodge St.
Pride Service, Inc.
280 Locust
Pride Service, Inc.
2175 Central
Sport Page
1700 Central
T. Wiily's Saloon
1604 Central
Ted's Meat-Lug Place
1278 Central Ave.
The Wheel House
1630 East 16th St.
Choral Club
2776 Jackson St.
Passed, adopted and approved this
6th day of July, 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. 187-82
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
Jerl Investment Co. & Jels Corp.
(Long John Silver's) 1500 J.F.K. Rd.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Harriet J. and Nancy E. Ginter
Oky Doky No. 15 1545 S. Grandview
(Also Sunday Sales)
Vivian M. Heinz - Oky Doky No. 7
3301 Pennsylvania
(Also Sunday Sales)
John George Miller, Sr. Riverview Pk.
Also Sunday Sales)
J. D.Street & Company, Inc. 55 J.F.K.
(Also Sunday Sales)
Passed, adopted and approved this
6th day of July. 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. 188-82
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 alt 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
Creslanes BowlLug, Inc. 255 S. Locust
(Also Sunday Sales)
Passed, adopted and approved this
6th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Ca~
tied bT the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Ddich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Printed Council Proceedings for
month of May, 19821 presented for ap-
proval.
Council Member Hammel moved
that the proceedings be approved, as
corrected: Seconded by Council
Regular Adjourned Session, July 6, 1982 264
Member Klauer. Carried by the renew-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 6-15, Cable Regulatory
Corem. of 6-9 & 6-22, Dock Comm. of
6-9 and 6-16; Historic Pres. Comm. of
6-22, Housing Comm. of 6-15, Human
Rights Judicial Subcommittee of 4-7,
Human Rights Public Relations Sub-
committee of 4-28; Human Rights
Corem. of 5-12, Human Rights Com-
pehensive Accountability Record for
month of May, 1982, Mechanical Bdi
of 6-8, Planning & Zoning Comm. of
6-2 & 6-16, Park and RecreaUlon
Comm. of 6-14, Library Bd. of 6-15 &
6-22, presented and read.
Council Member Hammel 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.
NOTICES OF CLAIMS: Howard J.
Nickels in amount of $396 for car
damages; Mrs. Wm. O'Donnell in
amount of $32.22 for tire damages;
Dick Wagner in estimated amount of
$276.94 for windshield damages; Dixie
L. McGovern in unknown amount for
personal injuries, presented and read.
Council Member Hammel moved
that the claims be referred to the Cot-
poration Counsel for investigation and
report. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Ddich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communications of Corporation
Counsel recommending denial of
motorcycle damage claim of John
Liphardt (mhicably settled at no cost
to the City); recommending denial of
auto damage claim of Margaret A. Mc-
Cay (amicably settled at no cost to the
City); recommending denial of false ar-
rest claim of Darryl Gaile, presented
and read.
Council Member Hammel moved
that the communications be received
and filed and denials approved.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending settlement of
personal injury claim of Kristy Allen-
doff in amount of $167.90, presented
and read.
Council Member Hammel moved
that the communication be received
and filed and claim be approved with
Finance Dir. directed to issue proper
check. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Ddich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
REFUNDS REQUESTED: Charles
Spielman, $225 on unexpired Beer Per-
mit; Ralph Jasper $225 on unexpired
Beer Permit, presented and read.
Council Member Hammel moved to
approve tl~e refunds, and directed
Finance Director to issue proper
check. 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 Delos A.
Dorweiler regarding critical drainage
problem and requesting restoration of
"Drainage Swale" along the fence
north of his property located at 2105
John F. Kennedy Rd., presented and
read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
Lug vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Ddich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of Publication of Notice of In-
tent to file release of Fiscal Year 1983
Block Grant Funds for various pro-
jects, presented and read.
Council Member Hammel 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, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel advising 1978 Tax Appeal by
the Fischer Companies is closed and
payment is expected this month,
presented and read.
Council Member Hammel moved
265 Regular Adjourned Session, July 6, 1982
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich. Hammel.
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Assessor
submitting Stipulation of Settlement
as agreed upon by Michael A. and
Carol A. Relmer for real estate located
at 2705 Ken Court, presented and
read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Mrs. Ralph B.
Tritsch submitting comments regar-
ding the Cable Franchise Services,
presented and read.
Council Member Hammel moved
that the communication be referred to
the Cable Commission. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Notice from Dept. of Environmental
Quality advising of sewer permit for
Aquin Ave. Sanitary Sewer, presented
and read.
Council Member Hammet 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, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
U.S. Army Corps of Engineers sub-
mitting Public Notice and advising
that Robert Kehl proposes to perform
work in conjunction with the construc-
tion of an access ramp and mooring of
a barge in the Dubuque Ice Harbor,
presented and read.
Council Member Hammel 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, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays'None.
Proof of publication, certified to by
the Publisher, of List of Claims paid
for month ending May, 1982,
presented and read.
Council Member Hammel 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-
bets Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Cable Communi-
ty Tele-Programming Commission
submitting their Annual Report,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Cable Regulatory
Comwlssion submitting their Annual
Report, presented and read.
Council Member ttammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lug vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
There being no further business,
Council Member Hammel 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 1982
Adopted' 1982
Regular Adjourned Session, July 6, 1982
Council Members
ATTEST:
City Clerk
266
267
Special Session, July 19, 1982
CITY COUNCIL
OFFICIAL
Special Session, June 21, 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, Cot-
poration Counsel Harley~F. Stark, Jr.
Mayor Brady read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to conduct a Public Hearing
to consider a project being sought for
the purchase of two thirty*foot
replacement buses for Keyline and ac-
ting upon such other business which
may properly come before the Council.
Invocation was given by Rev. B.R.
Burnside, Pastor of the Church of the
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider a project for
which Federal Capital Assistance is
being sought for the purchase of two
approx. 30 foot, 30-passonger buses to
be used as replacement stock to
Keyllne, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Hanm~el 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, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Kluesner moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
glauer. 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 Public Hearing on appllca-
tion for Urban Development Action
Grant for purchase assistance for
Dubuque Packing Company property,
presented and read.
Council Member Klauer moved that
the request be approved and Hearing
set for July 28, 1982 at 7:30 p.m. in the
Council Chambers. Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of P & Z Commis-
sion recommending amendment to
Zoning Ordinance to allow "Flags in
Historic Districts" and regulating and
requiring a fee for temporary signs,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
An ORDINANCE Amending cer-
tain sections of the Zoning Ordinance
to allow "Flags in Historic Districts",
to define temporary signs and
regulating their use and requiring a
$10 Certificate Fee, presented and
read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Council Member Hammel moved
that a Public Hearing be held on the
Ordinance on Aug. 9, 1982 at 7:30 p.m.
in the Public Library Auditorium and
that the City Clerk be instructed to
publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Special Session, July 19, 1982
268
Petition of Francis Wm. Henkels re-
questing to address the Council to pre-
sent matters regarding the Friendship
Force, presented and read.
Mr. Henkels requested the Council
consider giving in-like services to the
Friendship Force, such as free busing,
free rent at Five Flags and the City
Parks.
Council Member Beurskens moved
that Mr. Henkels give the City
Manager a breakdown of his requests,
the City Manager to compute costs
and submit same to Council, as soon as
possible. Seconded by Council
Members Klauer. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Hammel.
Communication of P & Z Commis-
sion recommending denial of Dubuque
County rezoning request for property
located at intersection of Highway #20
and #416 from A-1 Agricultural to B-1
Business or M-1 Manufacturing
District classification, presented and
read.
Marry Helllng and Marty McNamer,
potential developers of the property,
showed a drawing of the proposed
development and stated this rezoning
is necessary for their business expan-
sion.
Council Member Klauer moved to
receive and file the communication for
the Conunission and deny the recom-
mendation from P & Z, approving
change in classification to B-l, subject
to certain conditions.
MOTION DIED FOR LACK OF A
SECOND.
After further discussion, Council
Member Kronfeldt moved to receive
and file the communication and ap-
prove the denial. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Communication of City Manager re-
questing authorization to onter into an
agreement with consulting engineer
for preparation of plans, specs., and
bid documents for the planning and
construction of two buildings at the
Municipal Airport, presented and
read.
Council Member Hammel moved that
this matter be tabled to the meeting of
July 28 so that people can get all their
facts and figures and request the Corp.
Counsel to come back with an opinion
as to who has jurisdiction, the City
Manager or Airport Commission over
the construction and Engineering on
this project. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Council Members Beurskens,
Hammel, Klauer, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
ber Deich.
Conununlcation of City Manager
submitting Resolution providing for
execution of Agreement with Iowa
DOT for asphalt patching on Dodge
St. from Bluff St. to Grandview Ave.,
presented and read.
Council Member Klauer 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. 189-82
Resolution Authorizing Execution of
an Agreement Between the City of
Dubuque, Iowa, and the Iowa Depart-
ment of Transportation Relating to
Asphalt Patching on Dodge Street
from Bluff Street to Grandvlew
Avenue
That the attached Supplemental
Agreement for repair and maintenance
of Municipal Extensions of Primary
Roads, four copies of which are attach-
ed, be approved, and that the Mayor
and the City Clerk be and they are
hereby authorized and directed to ex-
ecute the Agreement for and on behalf
of the City Council.
Passed, adopted and approved this
19th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Klauer moved
adoption of the ResoluU~on. 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
submitting Resolution providing for
269
Special Session, July 19, 1982
publication of Environmental Review
procedures, 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-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 190-82
A Resolution Authorizing Publication
of Notice of Environmental Review
Findings for Certain Community
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 En-
vironmental 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 C~ty 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 inspection. Such notice shall be
in the form of Exhibit "A" hereto at-
tached and made a part hereof
A. Y. McDonald Construction Project
Passed, adopted and approved this
19th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Karen M. Chesteman
Deputy 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.
Communication of City Manager
submitting Resolution providing for
the purchase of replacement service
truck for Keyline, presented and read.
Council Member Klauer 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, Hamme~,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 191-82
Resolution Authorizing the Filing of a
Third Agreement To Section 5 Ap-
plication (IA-05.0009) With the Depart-
ment of Transportation, United States
of America, for a Gr~nt 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,
ects;
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
g~ve an assurance that it will comply
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-
plicant 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
shah have the maximum feasible op-
portunity to compete for contracts
when procu~'ing constructioh con-
tracts, supplies, equipment contracts,
or consultant and other services;
NOW, THEREFORE, BE IT
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Special Session, July 19, 1982
27O
Section 2. 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~
ration, to aid in financing the purchase
ora one ton replacement service truck
pursuant to Section 5 of the Urban
Mass Transportation Act of 1964, as
amended.
Section 2. That the Mayor of the City
of Dubuque is authorized to execute
and file with such amendments to ap-
plloations an assurance or any other
document required by the U.S. Depart-
ment of Transportation effectuating
the purposes of Title VI of the Civil
Rights Act of 1964.
SecUmn 3. That William Kohler,
Transit Manager, is authorized to fu~
nish such additional information as
the U.S. Department of Tn~nsportation
may require in connection with the ap-
plloation amendments or the projee~
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 financing of capital assistance pro.
Passed, adopted and approved this
19th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy 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-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing Mayor be authorized to ex-
ecute the Fiscal Year 1983 State
Operating Assistance Contract and
the Fiscal Year 1983 State Capital
Assistance Contract, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed and approved request,
authorizing Mayor to execute same.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Council Member
Kronfeldt requesting that monies
budgeted for the Ice Harbor Museum
parking lot be allowed to remain for
improvement to that area, presented
and read.
Council Member Kronfeldt moved
that they reaffirm commitment to
spend $135,000 total improvements in
the Ice Harbor Area, but upon further
discussion, amended motion to include
a total of $20,000. Seconded by Coun-
cji Member Klauer. Vote on the motion
was as follows:
Yeas--Mayor Brady, Council Mem-
bers Klauer, Kronfeldt.
Nays--Council Members Beurskens,
Deich, Hammel. Kluesner.
MOTION FAILED.
Council Member Beurskens moved
that the Manager be instructed to
work with the Historical Society and
Museum folks to bring back packages
of figures etc. for historical lighting
and fencing. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Kluesner.
Nays--Council Members Hammel,
Kluesner.
Petition of Council Member
Kronfeldt requesting information
regarding the dedication of the new
Dubuque-Wisconsin Bridge and con-
sideration be given to fund in part that
dedication, presented and read.
Council Member Beurskens moved
that the petition be received and filed
and that they allocate an amount not
to exceed $6,000 to be hosts for the
Bridge Dedication. Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Hammel.
Petition of Council Member
Kronfeldt requesting an update of the
Dubuque Downtown Development
situation for consideration and infor-
mation, presented and read.
Council Member Hammel moved to
receive and file the petition for an up-
271
Special Session, July 19, 1982
date and proceed informally from
behind the scenes to talk to retail peo-
ple etc. on their own, then asking Staff
to set up those appointments.
MOTION DIED FOR LACK OF A
SECOND.
Council Member Hammel moved
that they (Council) take initiatlve to
proceed to investigate other
developers and major retailers.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
Upon further discussion, Council
Member Kronfeldt moved that Staff
set up appointments to meet with
various retailers of their choice
relative to downtown Dubuque, to
take place in the next six weeks.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Council Members Beurskens,
Deich, Klauer, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
ber Hammel.
RESOLUTION NO. 192-82
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.
Corner Tavern 400 Central
Dale's Standard 1450 Loras
Idle Hour 1550 Central
Knicker's Escape Tunnel 2186 Central
Vasco Drug 730 Town Clock Plaza
Passed, adopted and approved this
19th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Deich moved adap-
tion of the Resolution. Seconded by
Council Member Kronfetdt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammal
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 193-82
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
Randall's International, Inc.
2013 Central Ave.
(Also Sunday Sales)
Passed, adopted and approved this
19th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Dalch 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.
RESOLUTION NO. 194-82
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and ali City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the~ City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
~arochetti Enterprises, Inc.
2600 Dodge
Curtis L. Gerhard 2186 Central
Liberty Restaurants, Inc.
401-405 Central
(Also Sunday Sales)
Passed, adopted and approved this
Special Session, July 19, 1982
272
19th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Deich moved adap-
tion of the Resolution. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Dock
Comnilssion of 6-23; Five Flags Comm.
of 6-12; Zoning Board of Adjust~nent
of 6-17, presented and read.
Council Member Kronfeldt 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.
Nays--None.
NOTICES OF CLAIMS & SUITS:
Anice Fager, in unknown amount for
personal injuries; Alvin Schroeder in
unknown amount for property
damages; Helen A. Maker in unknown
amount for personal injuries; First Na-
tlonal Bank as Conservator of Cynthia
Nicols, in amount of $5,000,000.00 for
personal injuries; Colleen Ann Rupert
in amount of $300 for personal in-
juries; Madonna Sisler in unknown
amount 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 Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communications of Corporation
Counsel recommending denials of pro-
petty damages claim of Karl E. Miller;
auto damages claim of Monica
Schulto; property damages claim of
Marvin H. Schultz, presented and
read.
Council Member Kronfeldt moved
that the communications be received
and filed and denials approved.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--None,
REFUNDS REQUESTED: Adella
A. Ferring, in amount of $75 for unex-
pired Beer Permit, presented and read.
Council Member Kronfeldt moved
that the refunds be approved and
Finance Director to issue proper
check. 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 Patricia Nauman
objecting to "Leash Law" contained
within Ordinance regarding the licens-
ing of cats, presented and read.
Council Member Beurskens moved
that the communication be referred to
the City Manager. Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem~
bers Beurskens. Deich, Hammal,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Finding of
No Significant Effect on the Environ-
for the Industrial/Commercial
Loan Participation Program Old Main
Street Area project to be undertaken
under Title I of the Housing and Ur-
ban Development Act, presented and
read.
Council Member Kronfaldt moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfaldt.
Nays--None.
Public Notice of Corps of Engineers
advising of proposal to perform work
in conjunction with the reconstruction
of a wing dam and the construction of
a closing dam on the left descending
bank of the Mississippi River (approx.
rover mile 599.2) near Cassviile,
Wisconsin, presented and read.
Council Member Kronfeldt moved
that the Notice be received and flied.
Seconded by Council Member Beur-
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfaldt.
Nays--None.
273
Special Session, July 19, 1982
Notice from Civil Aeronautics Board
advising of Intent of Ozark Airlines re-
quiring to provide essential air service
at Fort Dodge and Mason City for a
thirty day period, presented and read.
Council Member Kronfeldt moved
that the Notice 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
submitting Status Report on Zoning
Ordinance Review, 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, Khiesner, Kronfeldt.
Nays--None.
Communication of Swiss Valley
Farms going on record as favoring
Heavy Industrial zoning for the area
east of Central Ave. from the old City
limit s north to the new City limits and
requesting Council not to consider
anything but H-I Classification on the
area described, presented and read.
Council Member Kronfeldt moved
that the communication be referred to
the Planning and Zoning Commission.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Verbal petition of John Tigges
questing amendment to Zoning Or-
dinance regarding height re-
quirements for fences, presented and
read.
Council Member Kronfeldt moved
that the petiCmn be referred to the
City Manager. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Alfred Polsean. 3515 Crescent
Ridge, addressed the Council and
stressed that with his area being an-
hexed, the residents did not gain
anything axcept a few s~ree~ lights
and street signs, but yet were highly
taxed.
There being no further business,
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
By: Karen M. Chesterman
Deputy City Clerk
Approved 1982
Adopted 1982
Mayor
Council Members
ATTEST:
City Clerk
Special Session, July 28, 1982
274
CITY COUNCIL
OFFICIAL
Special Session, June 28, 1982.
Council Met at 7:30 p.m., City
Chambers, City Hall
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kronfeldt, City Manager W.
Kenneth Gearhart, Corporation
Counsel Harley F. Stark, Jr.
Abeent--Councli Member Kluesner.
Mayor Brady read the call and
stated that notice thereof had been du-
ly made and this Meeting is called for
the purpose to conduct a Public Hear-
Lng on a proposed application for Ur-
ban Development Action Grant
Assistance in the sale and reactivation
of Dubuque Packing Company
Facdities and acting upon such other
business which may properly come
before the Council.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider a proposed ap-
plication for Urban Development Ac-
tion Grant (UDAG) assistance in the
sale and reactivation of Dubuque
Packing Company facilities, presented
and read.
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, Delch, Hammel,
Klauer, Kronfeldt. Nays--None.
Absent--Councli Member Kinesner.
CommunicaCmn of Brent Appel urg-
ing Council to proceed on the request
for Urban Development Action
Grants, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich. Hammel,
Kiauer, Kronfeldt. Nays--None.
Absent--Council Member Khiesner.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kronfeldt. Nays--None.
Absent--Council Member Kluesner.
J. B. White, 3133 Arbor Oaks Drive,
Manager of Rosheks, stressed being in
favor of the City filing the UDAG ap-
plication.
R.H. Wahlert, as long-term family
owner/manager of the Dubuque Pack,
recognizes that with the scheduled Oc-
tober closing of the Pack, that there
will be a total elimination of all jobs
and he feels an obligation to put people
to work and become a contributor to
the City's economy, so requests the
Council approve the UDAG applica-
tion.
Fred Tippe, 483 Loras, mentioned
that there is not much alternative in
requesting this Grant.
Dave Smith, Jr., 2235 Graham Circle
questioned if there was a guarantee
against defaulting on this type of
grant.
Mel Maus, 1745 Sarah St., question-
ed several specifics of the application
and transaction.
Merlin (Bud) Schultz, 1898 Adair,
questioned what will happen when
everyone in town asks for help.
Communication of City Manager
submitting a Resolution that would
authorize the filing of an Urban
Development Action Grant with HUD
for the purpose of obtaining assistance
to reactivate the Dubuque Packing
Company's Dubuque Facility under
new ownership, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kronfeldt. Nays--None.
Absent Council Member Kluesner.
RESOLUTION NO. 195-82
A Resolution Authorizing the Filing of
an Urban Development Action Grant
for Meatpacking Industry Assistance
Project
WHEREAS, the Dubuque Packing
Company will close its Dubuque meat-
packing plant in October 1982; and
WHEREAS, it is in the best in-
275
Special Session, July 28, 1982
terests of the community that the
plant be restored to operation, albeit
under new ownership; and
WHEREAS, it has been determined
that it wffi not be possible for a buyer
to proceed without the availability et
non-local assistance; and
WHEREAS, the City el Dubuque
has prepared an Urban Development
Action Grant application for the pur-
pose of obtaining the needed non-local
assistance for the proposed ownership
transfer and restored operation of the
meatpacking plant;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the City Council
hereby authorizes the filing of an Ur-
ban Development Action Grant ap-
plication, including all understandings
and assurances contained therein with
the Department of Housing and Urban
Development. Said application shall
request an Action Grant award o f four
million dollars for the purpose of
assisting in the acquisition and reac-
tivation of the Dubuque meatpacking
plant.
Section 2. That the Mayor is hereby
authorized and directed to act as the
official representatibe of the City of
Dubuque in connection with said Up
ban Development Action Gr~nt ap-
plication, and to provide such addi-
tional information as may be requested
by the Department of Housing and Ur-
ban Development.
Passed, adopted and approved this
28th day of July, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
fled by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kronfeldt. Nays--None.
Absent--Council Member Kluesner.
Council recessed at 8:54 p.m.
Council reconvened at 9:08 p.m.
Continuance of discussion (adjourn*
ed from meeting of July 19th) regar-
ding the construction of additional
hangar or hangars at the Dubuque
Municipal Airport, presented and
read.
Council Member Hammel moved
that the City Manager be authorized
to proceed with procedures in an
amount not to exceed $15,000. Second-
ed by Council Member Beurskens.
Vote on the motion was as follows:
Yeas--Council Members Beurskens,
Klauer.
Nays--Mayor Brady, Council Mem-
bers Deich, Hammel, Kronfeldt.
Absent--Council Member Kluesner.
MOTION FAILED TO PASS.
Council Member Hammel moved to
refer the matter to the Airport Com-
mission to repriorltize expenditures in
their budget to determine ability to
construct one, two or no buildings and
City Manager to reprioritize City
budget to see if additional funds are
available, with response due back for
Council Meeting of 8-9-82. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer.
Nays--Council Member Kronfeldt.
Absent--Council Member Kluesner.
Airport Commission Members: C.J.
May, Robert Schr~dt, Melvin Graves,
all present and gave input to discus~
sion of above.
Petition of Dubuque Jaycees re-
questing to transfer their beer permit
from 1023~/2 Main St. to McAleece
Field for the period of July 30, 1982
through August 8, 1982, presented
and read.
Council Member Klauer moved ap-
proval of the transfer request. Second-
ed by Council Member Deich. C~rried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kronfeldt. Nays--None.
Absent--Council Member Kluesner.
There being no further business,
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Hammel. Carried by the following
vote~
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kronfeldt. Nays--None.
Absent--Council Member Kluesner.
Mary .~. Davis
City C~erk
Special Session, July 28, 1982
Approved
Adopted
_1982
1982
Mayor
Council Members
ATTEST:
City Clerk
276