Loading...
1982 October Council Proceedings370 Special Session, Sc ~tember 27, 1982 Dubuque, to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the eh- vironmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof. Passed, adopted and approved this 27th day of September, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. There being no further business, Council Member Beurskens moved to adjourn. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hummel, Klauer, Khiesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved. __1982 Adopted 1982 Mayor Council Members ATTEST: City Clerk Regular Session October 4,1982 371 CITY COUNCIL OFFICIAL Regular Session, October 4, 1982. Council Met at 7:30 p.m., Council Chambers, City Hall. Present--Mayor Brady, Council Members Beurskens, Deich, Hummel, Klauer. Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Co)ansel Harley F. Stark. Jr. Mayor Brady read the call and stated this Meeting is the Regular Meeting of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Charles Lung, Dean of Students at Lores College. PROCLAMATIONS: Week of Oc- tober 3rd through 9th as "National 4-H Week in the City" received by Klm Payne and Paula Vaasen; Week of Oc- tober 10th through the 16th as "Ne- tional YWCA Teen Week" received by Michele Wernimont and Dawn Besler; Week of October 4th through 9th as "Productivity Improvement Week". Petition of Attorney Chad C. Leitch, on behalf of Dubuque Land Develop- ment, requesting vacating of utility easement in Lot 5 of Block 8 in Clarke Crest Estates Subd., presented and read. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel. Klauer, Kluesner. Kronfeldt. Nays--None. Communication of City Manager recommending to vacate a public utili- ty easement in Lot 5 of Block 8 in Clarke Crest Estates Subd. and that the matter be set for a Public Hearing, presented and read. Council Member Klauer move~ that the communication be received and filed and Hearing set for October 18, 1982. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of Attorney Wm. J. Maiers, representing Terry Maiers and Ralph Schmitt. making an offer to the City to purchase Lots 1, 2 and 3 of Jacob Collins Subd. a/k/a 604 Peru Road~ presented and read. Councli Member Hummel moved that the communication be received and filed and referred to the City Manager. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Mrs. Florence Snyder et al (50 signers) requesting an Ordinance that would allow residents to call the police to tow vehicles that park in places that have been snow shoveled out by the homeowner, presented and read. Council Member Kronfeldt moved that the petition be referred to the Cor- poration Counsel. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for the repeal of previous actions for FDL Foods, Inc. Industrial Revenue Bonds Issue, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel. Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 254-82 A Resolution Rescinding and Repeal- ing Resolution No. 248-82, and Pro- riding for the Abandonment of Pro- ceedings on Issuance of Industrial Development Revenue Bonds in the FDL Foods, Inc. Project. WHEREAS, the City Council of the City of Dubuque, Iowa has heretofore adopted Resolution No. 248-82 which provided, amongst other things, for the approval of a Memorandum of Agreement on the issuance of In- dustrial Development Revenue Bonds for the FDL Foods, Inc. project, for the call of a public hearing on such matter, and for directing the City Clerk to publish notice of same; and WHEREAS, it has now been deter- 372 Regular Session October 4, 1982 mined that the issuance of Industrial Development Revenue Bonds in the aformentioned project shall not pro- ceed, since other sources of funds have been provided; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section L That Resolu~on No. 248.82 is hereby repealed, and the Memorandum of Agreement attached thereto and previously entered into on behalf of the City of Dubuque, Iowa, is hereby rescinded and terminated. Section 2. That the City Clerk is hereby directed to cancel the public hearing heretofore scheduled, and to give notice at such cancellation in the manner required by law. Passed, adopted and approved this 4th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager re questing the authorization to transfer Community Development Block Grant funds in the Fiscal Year 1983 Budget to accommodate the FDL Foods, Inc. loan, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 255-82 A Resolution Directing the Transfer of Certain Community Development Block Grant Funds. WHEREAS, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974, as amended, to certain Com- muhity Development Block Grant Funds; and WHEREAS, in accordance with the regulations governing the develop- ment of revisions to the City of Dubu- que's Community Development Block Grant Program, a Public Hearing was conducted by the Community Development Commission on September 23, 1982, NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That an amount not to ex- ceed One-hundred and eighty- thousand and no~lO0 dollars (180,060.00) shall be transferred bet- ween activities within the Fiscal Year 1983 Community Development Block Grant Activities and reprogrammed as follows: StaffSupport $ 50,000 Ice Harbor/Riverboat Museum Project 30,000 Housing Rehabilitation Loan Program 100,000 TOTAL $180,000 Transfer to: Economic Development Projects $180,000 Section 2. That the foregoing transfer of funds has heretofore been approved by the Community Develop- ment Commission. Passed, adopted and approved this 4th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution requesting Mayor to be authorized to sign an Amendment to the Consent Decree relative relative to the Wastewater Treatment Plant, 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--Council Member Beurskens, Deich, Hanunel, Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady. Regular Sessio~ RESOLUTION NO. 259-82 Resolution Authorizing the Mayor and Corporation Counsel to Sign an Amended Consent Decree Relative to the Wastewater Treatment Plont WHEREAS, a Consent Decree was filed on August 18, 1981, with the United States District Court for th~ Northern District of Iowa, such Con- sent Decree representing the parties of the United States of America, as plain- tiff, and the City of Dubuque, Iowa, as defendent; and WHEREAS, such Consent Decree pertains to certain improvements stipulated to be performed and com- pleted by the City of Dubuque no later than December 31, 1982; and WHEREAS, listed under the addi- tional processing units to be installed was the installation of a Zimpro Sidestream Processing Unit; and WHERAS, EPA has consented to drop the requirement for the installa- tion of the Zimpro Sidestream Process- ing Unit as a part of the Consent Decree. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor and Co~ poration Counsel be authorized to sign an Amendment to the Consent Decree between the United States of America vs. the City of Dubuqua #C'f3-1001, filed with the United States District Court for the Northern District of Iowa, on August 18, 1981. Section 2. That the signed copy of the amended Consent Decree be fo~ warded to EPA for signatures by representatives of EPA, DEQ, U.S. At- torney's office, and for filing with the U.S. District Court of the Northern District of Iowa. Passed, adopted and approved this 4th day of October, 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 tile following vote: Yeas--Council Member Bearskens, D~lch, Hammel, Klauer, Kluesner, Kronfeldt. October 4, 1982 373 Nays--Mayor Brady. Communication of City Manager recommending to accept the replace- ment boiler in the Five Flags Theater Project, presented and read. Council Member Klauer moved to receive and file the Communication. Seconded by Council Member Bear- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (A Resolution Accepting Improvement) RESOLUTION NO. 257-82 WHEREAS, the contract for the In- stallation of a Boiler in the Five Flags Theater at a cost of $27,243.00: Con- tract with Berwanger Boiler Shop, Inc., Dubuque, Iowa has been com- pleted and the City Manager has ex- amined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from the Revenue Sharing and Private Donations Fund issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 4th day of October, 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. 374 Regular Sessior, October 4, 1982 FINAL ESTIMATE RESOLUTION NO. 258-82 WHEREAS. the contract for the In- stallation of a Boiler in the Five Flags Theater at a cost of $27,243.00: Con- tract with Berwanger Boiler Shop. Inc.. Dubuque, Iowa bas been com- pleted and the City Engineer has sub- mltted his final esti~nate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City o£ Dubuque, That the cost of said improvement is hereby determined to be $27,243.00. That none of the cost thereof shall be assessable upon private property and $27,243.00 shall be paid from the Revenue Sharing and Private Dona- tions Fund of the City of Dubuque. Passed, adopted and approved this 4th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting response to the petition for naming of City Island and other associated improvements and recom- mending Council proceed with plans for the naming of City Island as "Chaplain Schmitt Memorial Island" and to refrain from taking action on the naming pt any public right-of-way on the island now, and to delay the naming of facilities of areas on the island until a later date, presented and read. Council Member Hammel moved that the communication be received and filed and that they approve the recommendation to come back wi~h an appropriate Ordinance. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kkiesner, Kronfeldt. Nays--None. A Resolution Providing for the nminng of the newly dedicated bridge, . presented and read. Council Member Deich moved that the Resolution be received and filed and adopt the name of the "Tri-State Veterans Memorial Bridge" for the new bridge, in honor of ALL the men and women who have served our coun- try, in war and peace; and that we, the City Council, respectfully ask the Iowa DOT, the Wisconsin DOT, and the DMATS Policy Committee to concur and support this name, which would honor the Service Men and Women from Iowa, Illinois and Wisconsin, who have given their time and lives to this great country. Seconded by Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Klauer. Kluesner, Kronfledt. Nays--Council Member Hammel. Communication of City Manager submitting Ordinance providing for a new polling place for the 20th precinct, 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. ORDINANCE NO. 53-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 12-36(b) THEREOF AND ENACTING A NEW SECTION 12-36(b) IN LIEU THEREOF PROVIDING FOR A POLLING PLACE FOR THE TWEN- TIETH PRECINCT, 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 foliowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kkiesner, Kronfeldt. Nays--None. Council Member Klauer moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Regular Sessior Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 53-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 12-36 (b) THEREOF AND ENACTING A NEW SECTION 12-36 (b) IN LIEU THEREOF PROVIDING FOR A POLLING PLACE FOR THE TWENTIETH PRECINCT. 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 mended by repealing Section 12-36 (b) thereof and enacting a new Section 12-36 (b) in lieu thereof as follows: "Sec. 12-36. Twentieth Precinct. (b) POLLING PLACE. The follow- lng place is hereby established as the polling place for the Twentieth Pre- cinct of the City: Hoover School, 3259 St. Anne Drive." Passed, approved and adopted this 4th day of October, 1982. James E. Brady, Mayor ATTEST: Mary A. Davis~ City Clerk Published officialiy in the Telegraph Herald newspaper this 8th day of October, 1982. Mary A. Davis City Clerk It 10/8 Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. Conm~unication of City Manager submitting Resolution adopting Sup- plement No. 14 to the Code of Or- dinances, 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. 259-82 Adopting Supplement Number 14 to October 4, 1982 375 the Code of Ordinances of the City of Dubuque, Iowa. WHEREAS, under date of November 16, 1981, the City Council, pursuant to Ordinance 63-81, readopted the Code of Ordinances of the City of Dubuque for ordinances adopted up to and including March 10, 1981; and WHEREAS, since March 10, 1981, the City Council of Dubuque, Iowa, has adopted certain ordinances amen- ding the Code of Ordinances and said amendments have been printed as sup- plements to the Code of Ordinances; and WHEREAS, 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. 14 to the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa, up to and through July 6, i982, 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 Or- dinances of the City of Dubuque, Iowa. Passed, adopted and approved this 4th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried bythe following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 54-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING ARTICLE II OF CHAPTER 11 COMPRISED OF SEC- TIONS 11-16 THROUGH 11-25 THEREOF AND ENACTING A NEW ARTICLE II OF CHAPTER 11 376 Regular Session October 4, 1982 COMPRISED OF SECTIONS 11-16 THROUGH 11-23 IN LIEU THEREOF PROVIDING FOR A JOINT COUNTY-MUNICIPAL AD- MINISTRATION FOR DISASTER SERVICES PURPOSES, said Or- dinance having been presented and read at the Council Meetings of September 13, 1982 and September 20 1982, presented for final adoption. ORDINANCE NO. 54-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING ARTICLE II OF CHAPTER 11 COMPRISED OF SECTIONS 11-16 THROUGH 11-25 THEREOF AND ENACTING A NEW ARTICLE II OF CHAPTER 11 COMPRISED OF SECTION 11- 16 THROUGH 11-23 IN LIEU THEREOF PROVIDING FOR A JOINT COUNTY-MUNICIPAL ADMINISTRATION FOR DISAS- TER SERVICES PURPOSES. ARTICLE II. JOINT COUNTY-MUNICIPAL ADMINISTRATION. ~ection 1. That the Code of Ordi~ nances for the City of Dubuque, Iowa be amended by repealing Article II of Chapter 11 compgised of Sections 11-16 through 11-25 thereof and enacting a new Article II of Chapter 11 comprised of Sections 11-16 tl~rough 11-23 in lieu thereof as follows: "Sec. 11-16. Created. There is hereby created in accor- dance with Chapter 29C of the Code of Iowa a Dubuque County. Municipal Disaster Services and Emergency Plan- uing Administration. Sec. 11-17. Composition; Gen- eraL (a) The Dubuque County-Municipal Disaster Services and Emergency Planning Administration shall be comprised of a member of the Dubuque County Board of Supervi. sors and the Mayor or his/her repre- sentative of the city governments within Dubuque County and the Sheriff of Dubuque County. (b) One member of the joint admints- tration shah be de~gnated ss chair- person and one ~s vice chairperson. Sec. 11-18· Powers; Joint Admin- istration. The joint administration shall have such responsibilities and powers as set forth in Chapter 29C of the Code of Iow~ See. 11-19. Disaster Services and Emergency Planning Coordine- tot. (a) The joint administration shall appoint a Disaster Services and Emergency Planning Coordinator who shall possess such qualifications as established by rule of the State Office of Disaster Services as pro- vided in Chapter 17A of the Code of (b) The Coordinator shah be respon- sible to the joint administration for the administratinn and coordination of all disaster services and emergency planning matters throughout Dubuque County, subject to the direction and control of the joint administration. (c) The Coordinator shall prepare a county-wide disaster plan that shall be subject to the approval of the State Office of Disaster Services. · Sec. 11-20. City Coordinator. (a) There is hereby created an office of Coordinator of Disaster Services and Emergency Planning for the City of Dubuque who shah possess such qua~ficatinns as provided in Chapter 17A of the Code of Iowa. (b) The Coordinator for the City of Dubuque may also serve as the Coor- dlnater of and for Dubuque County. Sec. 11-21. Duties and Powers of Local Coordinator The Coordinator of Disaster Ser~ces and Emergency Planning for the City of Dubuque, under the direction of the City Manager and his supervisory con- trol, shah have the following respensi- (a) To coordinate and implement all emergency recovery plans. (b) To control and direct training efforts. (c) To cooperate with the State Office of Disaster Services to carry out the provisions of Chapter 29C of the Code of Iowa as such Chapter pertains to the City of Dubuque. (d) To maintain a current inventory of emergency use resources from the private sector and state and local gev- ernmente, including location and availability of such resources. (e) To disseminate information and conduct appropriate public relations. (f) To supervise necessary supplies, equipment and personnel in the event of disaster. (g) To put into force any and aH oper- ational plans in the event of any emergency. (h) To publish reasonable rules and regulations which are e~ential to the protection of lives and property. (i) To procure the nece~ary agree. mente upon the approval of the Cor- peration Counsel for the use of public Regular Session and private property for the storage of equipment, materials and supplies and for the use of public and private property for shelter and disaster pur- poses. (j) To recommend to the Mayor whenever it is necessary that a state of emergency be decinmd. See. 11-22. Mutual Aid Agree- The City is authorized to enter into written mutual aid agreements as authorized under Chapter 28E of the Cede of Iowa for the purpose of pro- viding a~istance on a reciprocal bas~ among the municipalities of Dubuque County and between the municipalities of Dubuque County and the Dubuque County government. Sec. 11-23. Comprehensive County-Wide Disaster Plan· The Coordinator of Disaster Services and Emergency Planning for the City of Dubuque shall prepare a compre- hensive city-wide disaster plan consis- tent with the standards, goals and objectives of the county-wide disaster plan, all done in accordance with state "Standards for Local Disaster Plan- PASSED, APPROVED AND ADOPTED this 4th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of October, 1982. Mary A. Davis It 10/8 City Clerk Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Klauer, Nays--Council Members Hammel Kronfeldt. BOARDS AND COMMISSIONS: Electrical Examining Board Applicants: Steven F. Braun an~ William Mitchell. Vote on the motion was as follows: Council Member Beurskens voted for Braun; Mayor Brady voted for Braun; Council Member Deich voted for Braun; Council Member Hammel voted for Braun; Council Member! Klauer voted for Mitchell; Council Member Khiesner voted for Braun;: Council Member Kronfledt voted for October 4, 1982 377 Therefore. Steven F. Braun ap- pointed to the Electrical Examining Board for an unexpired term which will expire 7-12-83. Ratifying Dubuque Jaycees' transfer of Beer Permit to Veterans Field for "Home Run Derby", presented for approval. Council Member Dcich moved that the transfer be approved. 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. 260-82 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. Mary M. Richardson Oky Doky #14 1050 University Passed, adopted and approved this 4th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 261-82 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 cc- 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. 378 RegUlar Session October 4, 1982 CLASS "B" BEER PERMIT Pizza Hut of Dubuque, #2, Inc. 320 East 20th St (Also Sunday Sales) J & P O'Hara, Inc. 855 Century Dr. (Also Sunday Sales) CLASS "C" BEER PERMIT Dennis Albert Althaus 3201 Central (Also Sunday Sales) Passed, adopted and approved this 4th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 262-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same lmve been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- pllcants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Linda L. Sheldon 1399 Jackson Judith M. Sandidge 1301 Rhomherg Marionette S. Tindell 1097 Jackson (Sunday Sales Only) Passed, adopted and approved this 4th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem-' bets Beurskens, Deich, Hammni, Klauer, Kinesner. Kronfeldt. Nays--None. Printed Council Proceedings for month of July, 1982, presented for ap- proval. Council Member Klauer moved that the proceedings be approved as printed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Airport Comm. of 9-9 & 9-22; Cable Regulatory Comm. of 9-15; Civil Service Comm. of 8-30; Five Flags Center of 9-20; Mechanical Board of 9-14; Planning and Zoning of 9-15; Public Library Board of 8-17, 8-19, & 9-8; Transit Board submitting Earnings State- ment and Statistics for month of August, 1982, Community Devehip- xnent Comm. of 9715; Human Rights Comm. of 6-11 & 7-7; Transit Board of 9-9, presented and read, Council Member Klauer moved that the ~ninutes 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 Solicitor Barry A. Lindahl submitting findings in the City's favor and dismissing the case of Julian Nemmers vs. City of Dubuque, et al, presented and read. Council Member Khiuer 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--Ngne. NOTICES OF CLAIMS AND SUITS: Mrs. Richard Benson, in amount of $20 for tar damages to car; Iowa Kemper Ins. Co., on behalf of Point Plumbing, Heating, and Elec- trical, in est. amount of $40,000 for vehlcle damages; Joseph J. Bitter. At- torney for Darrel Jones et ux, in amount of $100,000 for personal in- juries etc.; Dubuque Savings and Loan Assn. vs. Louis T. Clark et ux and City of Dubuque on foreclosure petition, presented and read. Council Member Khiuer moved that the claims & suits be referred to the Corporation Counsel for investigation Regular Session and report. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proofs of publication, certified to by the Publisher, on Notice of Findings of No Significant Effect on the Environ- ment for FDL Foods, Inc. Project; Notice that Copy of the Ahnual Perfur~ mance Report is on file in various places within the~City; List of Claim and Receipts for month of August, 1982, presented and read. Council Member Klauer moved that the proofs 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. Petition of General Cinema Corpora- tion of Iowa requesting refund of $75 on unexpired Cigarette License presented and read. Council Member Klauer moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member Bear- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Richard Albert re questing vacation to purchase the 10 ft. by 92.2 ft. alley between Lots 7, 8 and 9 of Linehan Park Addn., presented and read. Council Member Beurskens moved that the petition be referred to the City Manager. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Klauer, Kluesner, Kronfuldt. Nays--None. Abstain--Council Member Deich. Communication of Pat Ahmann ob- jecting to happenings at the Dubuque Packing Co., 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, October4,1982 379 Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Leo Ungs, Dubu- que County Collector of Accounts, submitting petitions for the suspen- sion of real estate taxes for two city residents, presented and read. Council Member Klauer moved that the communication be received and filed and suspension approved. 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 Civil Aeronautics Bd. advising Ozark Air Lines ordered to continue service to Fort Dodge and Mason City through October 20, 1982, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of Army Corps of Engineers advising of permits process- ed by them for period of August 1 through August 31, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Kluesner moved to suspend the rules to let anyone ad- dress the Council if they so desire. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Auleen Eberhardt read a letter from the Iowa DOT relative to the naming of the bridge and requested the Coun- cil proceed slowly. There being no further business, Council Member Hammel moved to ad- ourn. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- 38O Regular Sessios. October 4, 1982 bers Beurskens~ Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved_ __1983 Adopted 1983 Mayor Council Members ATTEST: City Clerk Special Session, October 11, 1982 381 CITY COUNCIL OFFICIAL Special Session, October 11, 1982. Council met at 7:30 p.m, Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Delch. Hammel, Klauer, Kluenser, Kronfeldt, City Manager W. Kenneth Gearhart, Assis- rant City Attorney Win. Bhim. Absent--Corporation Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to set a Public Hearing on the construction of the Resurrec- tion Church Sanitary Sewer and acting upon such other business which may properly come before the Council. Invocation was given by Rev. Rick Thompson of Hope Evangelical Free Church. PROCLAMATIONS: Month of Pc- tober as "DAV Handicapped Parking Awareness Month" received by Leo Kottman; October 24th as "En- vironmental Awareness Day" received by Sandy Brattstrom; October 15th as "White Can Safety Day" received by Ardis Bazyn; October 14th as "Wart- burg Seminary Day in Dubuque" received by President of Wartburg Theological Seminary, Rev. Wm. Weiblen. Communication of City Manager submitting documents providing for the contruction of the Resurrection Church Sanitary Sewer, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the fofiowlng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Necessity for Improvement RESOLUTION NO. 263-82 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other things 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 valuation of each lot as fixed by the City Council, for the Resurrection Church Sanitary Sewer. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of tile final con- sideration of this proposed resolution have on file with the ~ity Clerk objec- tions to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shah be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed partially or totally against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shah be borne by the City will be paid from the Sanitary Sewer Construction Fund, and the Sanitary Sewer Operating Fund, and special assess- ment bonds may be issued in anticipa- tion of deferred payments of assessments when a contract has been performed and accepted, and the pro- ceeds thereof used to pay the contrac- tor. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this llth day of October, 1982. Approved and placed on file for final James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved ap- proval of the Resolution. Seconded by Council Member Bearskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 264-82 (Preliminary Approval of Plans, Specs. etc.) BE IT HEREBY RESOLVED by 382 the City Council of the City of Dubu- que. Iowa, that the proposed plans, specs, etc. for the construction of Resurrection Church Sanitary with the est. amount of the improvement being 5157,433, are hereby approved and ordered placed on file in the office of the City Clerk for public inspection. Passed, adopted and approved this llth day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 265-82 BE IT RESOLVED BY THE CIT~ COUNCIL OF THE CITY OF DUBU- QUE, IOWA Section 1. That the attached sheet is hereby determined to be the schedule of proposed assessments for the Resu~ reetion Chruch Sanitary Sewer and the valuations set out therein are hereby approved Passed, adopted and approved this 11th day of October, 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 by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deieh, Hamme, Klauer, Kluesner, Kronfeldt. Nays--None. (Fixing Date of Hearing) RESOLUTION NO. 266-82 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of con- tract and placed same on file in the of- rice of the City Clerk for public inspec- tion, for the Resurrection Church Sanitary Sewer, and, WHEREAS, the proposed Resolu- tion of Necessity for said improvement has been introduced and is now on file Special Session,~October 11, 1982 in the City Clerk's office for public in- spection. NOW, THEREFORE, BE IT RE- SOLVED, that on the 8th day of November. 1982, a public hearing will be held at 7:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter 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 consecutive weeks, the first publica- tion of which shall be not less than ten days prior to the day fixed for its con- sideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk Objections to the resolution of necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this llth day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 267-82 Resolution Approving Plat of Vacated Alley Abutting Lot 12 Sunset Park Subdivision #2, North of Hillcrest P, oad. WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 20, 1982, prepared by Wright, Kilby, Sejkora and Associates, P.C., coveting vacated alloy abutting Lot 12 Sunset Park Subdivision #2 north of Hillcrest Road; and Special Session WHEREAS, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the plat dated September 20, 1982, prepared by Wright, Kilby, Sejkora and Associates, P.C., covering the real estate hereinabove described, be and the same is hereby approved, and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 11th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of thb Resolution. Seconded by Council Member Beurskens. Car- ded by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. An ORDINANCE Vacating an alle:~ abutting Lot 12 Sunset Park Subd. #2, north of Hilicrest Road known as Lot 12A in Sunset Park Subd. #2, presented and read. Council Member Klauer moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kinesner, 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 before 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, Kinesner, Kronfeldt. Nays--None. October 11, 1982 383 Council Member Klauer moved that a Public Hearing be held on the Or- dinance on Nov. 8, 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 Councli Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None, Communication of City Manager re- questing authorization from the City Council to submit a technical amend- merit to the FY '79 Project IA-05-4034, seeking $1,353 in addi- tional operating assistance, presented and read. Council Member Beurskens moved that the communicatkin be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deicli, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 268-82 Resolution Authorizing the Filing of an Amendment to an Application with the Department of Transportation, United States of America, for a Grant Under the Urban Mass Transporta- tion Act of 1964, as Amended. WHEREAS. the Secretary of Transportation is authorized to make grants for mass transportation pro- jects; WHEREAS, the contract for finan- cial assistance will impose certain obligations upon the applicant, ill- 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- merit to an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the appli- cant give an assurance that it will com- ply 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- 384 Special Session, October 11, 1982 prise be utilized to the fullest extent possible in connection with this pro- ject, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible op- portuhity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts, or consultant and other services: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the M~yor of the City of Dubuque is authorized to execute and file an amendment to an applies- tion on behalf of the City of Dubuque with the U.S. Department of Transpo~ totio~ to aid in the financing of operating asslstance projects pursuant to Section 5 of the Urban Ma~s Transportation Act of 1964~ as amend- ed. Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such an amendment to an application 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. Section 3. That William Kohler, Transit Manager, is authorized to fu~ nish such additional information as the U.S. Department of Transportation may require in connection with the ap- plication or the project. Sectinn 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 on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financing of the operating assistance projects. Passed, adopted and approved this llth day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting an Ordinance renaming the area commonly known as City Island, Hamm Island and Area C as the "Chaplain Schmitt Memorial Island", presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klauer, Khiesner, Kronfeldt. Nays--None. ORDINANCE NO. 55-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW SECTION 27-90 RENAMING HAMM ISLAND TO CHAPLAIN SCHMITT MEMORIAL ISLAND, presented and read. Council Member Deich moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Council Member Deich moved that the rule requiring an Ordinance to be presented and read at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurakens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 55-82 AMENDING THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUe, IOWA BY ENACTING A NEW SECTION 27-90 RENAM- ING HAMM ISLAND TO CHAP- LAIN SCHMITT MEMORIAL ISLAND WHEREAS, Father Ainyius H. Schmitt was the fn~t chaplain to 1o~ his life in World War II during the attack on Pearl Harbor; and WHEREAS, numerous persons and organizations have petitioned the City Council from time to time to rename Hamm Island as Chaplain Schmitt Memorial Island; and WHEREAS, City Council declared Special Session its intent by adopt'rog Resolution No. 76-80 on March 24, 1980 to ~o decig- hate the area in memory of and recog. nition of the sacrifice of Father Schmitt; and WHEREAS, the Dock Board by their Resolution No. 9-22-82 has recommended that Hamm Island be redesignated as "Chaplain Schmitt Memorial Island". NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordi- nancez of the City of Dubuque, Iowa be amended by enacting a new Section 2%90 thereto as follows: "Sec. 27-90. Chaplain Schmitt Memo- rial Island The following described parcel of real estate commonly referred to as "Area C", "Harem Island", and "City Island" shall be hereinafter known, called and named as "Chaplain Schrnitt Memorial Island". Those portions of Mineral Lots 294, 295, and Lots 1 and 2 of 296, 297, 298, 299 and 300 and Government Lot 1, located in Sections 17, 18, 19 and 20, Township 89 North, Range 3 East in the City of Dubuque, Dubuque County, Iowa, and bounded by Lake Peosta Channel and the Mississippi River." Pas~ed, approved and adopted this llth day of October, 1982. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of October, 1982. Mary A. Davis City Clerk It 10/15 Council Member Deich moved final adoption of the Ordinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Assistant City Attorney Wm. Blum, requesting authorization to execute an Agreement on behalf of the City approving the expenditure of $1,130 as penalties to the Iowa Bureau of Labor, presented and read. Council Member Delch moved that the petition be approved and Finance Director directed to issue the proper check. Seconded by Council Member October 11, 1982 385 Beurskens, Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt. Nays--Council Member Klauer. City Manager submitted a verbal report regarding the street lighting program (referred from Work Session of Sept. 20) advising needed informa- tion was not complete from Interstate Power and requested to come back at a later date. 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. RESOLUTION NO. 269-82 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. Judith M. Sand/dge 1301 Rhomherg Passed, adopted and approved this llth day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Buerskens moved adopC~on of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurakens, Dalch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO, 270-82 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 Ordinance of this City and have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the 386 Special Session, October 11, 1982 Manager beauthorized - hers Beurskens, De{ch, Hammel, issued to the following namea ap- Klauer, Kluesner, Kronfeldt. pi{cents a Beer Permit. Nays--None. CLASS "C" BEER PERMIT Transport Sales Co. 1075 Dodge IAlso Sunday Sales) passed, adopted and approved this 11th day of October, 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, De{ch, Hammel, Klauer, Kluesnerl Kronfeldt. Nays--None. RESOLUTION NO. 271-82 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 ~n- spected and tound to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT 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 Hiatt and Schroeder Tap, Inc. 2401 Windsor Ave. Nelda L. Doty 1091 Main {Also Sunday Sales) William J. Murphy 139 Locust {Also Sunday Sales) 1641 Asbury Eugene L. Kopp (Also Sunday Sales) Carol M. Fortman 2327 Central Passed, adopted and approved this 11th day of October, 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 MINUTES SUBMITTED: Housing Commission of 9-21; Five Flags Corem. of 9-29; Park & Recreation Comm. Tour Report of 9-23; Mechanical Bd. of 10-5, presented and read. Council Member Khiuer moved that the minutes be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammei, Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Ronald Backes in est. amt. of $278.74 for car damages; Mark Hittenmliler, in amt. of $47.87 for damages to his bike; Mrs. Mary R. Sauser, in est. amt. of $121.54 for car damages; Attorney Allan J. Carew, on behalf of Mr, and Mrs. Virgil T. Mull{n, in undetermined amount for personal injuries and car damages, presented and read. Council Member Klauer moved that the claims be referred to the Corpora- tion Counsel for investigation and report. Seconded by Council Member De{ch. Carried by the following vote: Yeas--Mayar Brady, Council Mem- bers Beurskens, De{ch, Hammel, Klauer, Kluesner, Kronfaldt. Nays--None. Proof of publication on Notice of Public Hearing on intention to issue Industrial Development Revenue Bonds for FDL Foods, Inc. Project; Proof of publication, certified to by the Publisher, of Notice that Public Hear- hig on issuance of Industrial Revenue bonds for FDL Foods, Inc. has been Cancelled AND Proof of publication, certified to by the Publisher, of City Annual Financial Report for City for Year ending June 30, 1982, I and read. Council Member Klauer moved that the, proofs of publication be received and filed. Seconded by Council Member De{ch. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Nonel REFUNDS REQUESTED: Ralph Grabow, $75 on unexpired Cigarette License; Woolworth Store $75 on unexpired Cigarette License, presented and read. Special Sessio~ Council Member Klauer moved that the requests be approved and Finance Director to issue proper check. Seconded by Council Member De{ch. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Tri-Count Citizens' Committee on Alcoholism and Drug Abuse advising the total budget asking for FY 83-84 from the City of Dubuque is $23,000, presented and read. Council Member Klauer moved that the communication be referred to the Budget Process. Seconded by Council Member De{ch. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammel, Klauer, Kluesner, Kronfetdt. Nays--None. Communication of Assistant City Attorney Wm. Blum advising a pet{- tion has been filed against the County of Dubuque requesting the Iowa District Court to zone certain areas as safety hazard areas near the Airport, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. There being no further business Council Member De{ch moved to ad journ. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, De{ch, Hammel, Klauer, Kluesner, Kronfeidt. Nays--None. Mary A. Davis City Clerk Approved__ __1983 Adopted .1983 Mayor October 11, 1982 Council Members ATTEST: City Clerk 387 388 Special Session October 18, 1982 CITY COUNCIL OFFICIAL Special Session, October 18, 1982. Council Met at 7:30 p.m., Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to conduct a Public Hearing to consider a Proposal to vacate and Release a 10 Foot Utility Easement Through Portion of Lot 5 of Block 8 of "Clarke Crest Estates" and acting upon such other business which may properly come before the Council. Invocation was given by Rev. Jack Harley, Ex. Director of the Dubuque Rescue Mission, PROCLAMATIONS: Oct. 17-23, as "Birthright Week" received by Carol Oberfoell; Nov. 21-28 as "National Bi- ble Week". Council Member Khiesner moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to Consider a proposal to vacate and release a 10 foot utility easement through portion of Lot 5 of Block 8 of "Clarke Crest Estates", presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Klauer moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 272-82 WHEREAS, pursuant to Resolutio~ and published notice of time and place of hearing, posted in the Telegraph Herald, a newspaper of general circula- tion, published on October 7, 1982 in the City of Dubuque, Iowa; the City Council of the City of Dubuque, Iowa, met on the 18th day of October, 1982 at 7:30 o'clock P.M. (in the Public Library Auditorium) to consider the vacation and release of a ten-foot wide utility easement granted to the public relating to and effecting Lot 5 of Block 8 of "Clarke Crest Estates" in the City of Dubuque, Iowa, all as shown on the easement plat filed June 8, 1981, as In- strument No. 3490-81 in the office of the Recorder of Dubuque County, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa, deems it in the best interest of the public that said Release and Vacation be granted and that said easement be abandoned to the proprietor. NOW. THEREFORE, be it resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the proposal to vacate and release a ten-foot wide utili- ty easement through the approximate center of Lot 5 of Block 8 of "Clarke Crest Estates", as hereinabove set out, ~nd the abandonment of said easement be to the proprietor and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby powered to execute any documents necessary to the releasing of said ease- ment, including this Resolutla~ and the Mayor and City Clerk are hereby empowered to certify this Resolution. Section 3. That the City Clerk be and she is hereby directed to file a certified copy of this Resolution in the offices of the Dubuque County Recorder, Auditor and Assessor. Passed, adopted and approved this 18th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of Walter Pcegler, Transit Bd. member, submitting a Resolution presented to the Transit Bd. regarding the duplication of ser- Special Sessior vices supported by tax dollars on School busing and Public Transit, presented and read. Walter Pregler spoke to the com: munication, questioning the city rest- dent's support of two bus systems and requested support of a local option law which could, by vote, exempt com- munities from school bus tax levies in lieu of public transit for the busing of students. RESOLUTION NO. 273-82 WHEREAS, School Busing and Public Transit are a duplication of ser- vices supported by tax dollars; and WHEREAS, Public Transit has the know-how and equipment to transport students within its own com~nunity; and WHEREAS, the Dubuque City Council recognizes this overtaxation and joins the Transit Board in secur- ing legislation to relieve this burden. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Councildoes hereby petition the Iowa State Legislature to adopt local option legislation which would authorize residents of cities, by vote, to exempt themselves from school bus tax levies and to permit, in lieu thereof, the transportation of students by public transit. Section 2. That this issue will become a priority item in the City of Dubuque, and all legislative aspirants will be encouraged to subscribe to this philosophy and endeavor to develop and sponsor such legislation after the election. Passed, adopted and approved this 18th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Klauer, Kluesner. Kronfeldt. Nays--None. Petition of the "Unemployed Sup port Group of Dubuque" requesting to October 18, 1982 389 address the Council regarding a peri- tion of the Governor declaring a state of emergency to exist within Iowa by reason of an economic depression, presented and read. Linda VanNatta and Elaine Klug stressed the necessity of our unemployed to be able to keep their homes. Council Member Deich moved that the petition be received and filed and supported the petition. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Klauer, Kluesner, Kronfeldt. Nays--None. Petition of County Board of Super- visors requesting Traffic Engineering Study be made to improve the left turns of trucks at 7th St. and Central Ave., and proposing that no parking be allowed on the south side of the 7th St. section between the westerly alley line and the intersection of 7th St. and Central Ave., presented and read. Council Member Hammel moved that the petition be received and filed and referred to the City Manager. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammet, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Ordinance providing for stop intersection on North-West Arterial, 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. ORDINANCE NO. 56-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25-210 SUBSECTION (b) OF SAID CODE: PROVIDING THAT THOSE INTERSECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "STOP IN- TERSECTIONS'' FOR ALL PUR- POSES OF THIS SECTION AND 390 Special Sessior October 18, 1982 VEHICLES BOUND IN THE DIRECTION INDICATED MUST STOP BEFORE ENTERING THE DESIGNATED INTERSECTION, 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, Kinesner, Kronfeldt. Nays--None. ORDINANCE NO. 56-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING SECTION 25-210 SUBSECTION (b) OF SAID CODE: PROVIDING THAT THOSE INTERSECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "STOP INTER- SECTIONS" FOR ALL PURPOSES OF THIS SECTION. VEHICLES BOUND IN THE DIRECTION INDICATED MUST STOP BEFORE ENTERING THE DESIGNATED INTERSECTION. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section L That the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by adding additional "Stop Intersections" to Subsection (b) of Section 25-210 to read as fol- lows: Section 25-210 (b) Those intersections designated are hereby declared to be "Stop Intersections" for ail purposes of this section. Vehicles bound in the direction indicated must stop before entering the designated intersection. SOUTHBOUND North-West Arterial at Highway 20 NORTHBOUND North-West Arterial at Pennsylva-. EASTBOUND Chavenelle Road at North-West Arterial WESTBOUND Chaveneile Road at Radford Road Section 2. That all ordinances in conflict with this Ordinance be and they are hereby repealed. PASSED, APPROVED AND ADOPTED this 18th day of October, 1982. James E. Brady MAYOR ATTEST: Mary A. Davis CITY CLERK Published officially in the Telegraph Herald newspaper this 21st day of October, 1982. Mary A. Davis City Clerk It 10/21 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, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for accepting of Warranty Deed for cul-de- sac at Rhomberg Ave. termination, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 274-82 WHEREAS, the City of Dubuque, Iowa, has acquired the real estate hereinafter described from Paul E. Wagner and Teresa D. Wagner, hus- band and wife; Leslie I. Furuseth and Patricia Furuscth (also known as Patricia F. Furuseth), his wife; and WHEREAS, said person has delivered a Warranty Deed conveying real estate to the City of Dubuque, Iowa, described as a parcel of land commencing at the NE corner of Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 5 of said Mineral Lot 305A; thence N13°26'E, 87.0 ft.; tbence S76°34'E, 8.1 ft. to a Special Sessior point on the present westerly right of way line of Rhomberg Avenue, the Point of Beginning; thence N24°07 1/2'E, 100.8 ft. along said right of way line; thence southerly 123.6 ft. along a 47.5 ft. radius curve, concave easterly and having a chord bearing S31 °43 ~/~'W; thence southerly 16.0 ft. along a 27.5 ft. radius curve, concave westerly and having a chord bearing S26°13 V~'E, to the Point of Beginning; con- taining 2954 sq. ft., more or less, located in Lot i of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 5 of Mineral Lot 305A, and in Lot 2 of Lot i of Boatyard Addition all in the SE 1/4 of Sec. 7, T89N, R3E of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa, as shown on Right of Way Plat Exhibit "A" attach- ed hereto and by reference made a part hereof. Note: The east line of said Lot 2 of the Subdivision of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 5 of Mineral Lot 305A is assumed to bear N13 °26'E; and WHEREAS, said delivery of deed dated September 10, 1982, by said per- son to the City of Dubuque, Iowa, should be accepted. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of War- ranty Deed by Paul E. Wagner and Teresa D. Wagner, husband and wife; Leslie L Furuseth and Patricia Furuseth (also known as Patricia F. Furuseth), his wife, dated September 10, 1982, conveying to the City of Dubuque, Iowa, the hereinabove described real estate, be and the same is hereby accepted. Section 2. That the Warranty Deed has been recorded in the Office of the Dubuque County Recorder on September 15, 1982, as instrument number 503882. Section 3. That the City Clerk be and is hereby directed to forward acer. tiffed copy of this Resolution to the Dubuque City Assessor and the Dubu- que County Recorder. Passed, adopted and approved this 18th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk October 18, 1982 391 Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution providing for acquisition of a construction easement for the Crescent Ridge Sanitary Sewer, Phase II, 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, Hammel, Klauer, Khiesner, Kronfledt. Nays--None. Abstain--Council Member Deich. RESOLUTION NO. 275-82 WHEREAS, the City of Dubuque, Iowa, has been negotiating with the owners of record of this property through which the Crescent Ridge Sanitary Sewer, Phase II, will traverse; and WHEREAS, the City of Dubuque has not been able to negotiate a sale and purchase price on ail of the con- struction easements necessary for the project; and WHEREAS, the City of Dubuque finds and determines that Eminent Domain Proceedings should be in- stituted to acquire said construction easement by the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa: Section L That Eminent Domain Proceedings be instituted forthwith by the City of Dubuque for the acquisition ora construction easement through the property listed in the City Manager's memorandum of October 14, 1982, for the construction of the Crescent Ridge Sanitary Sewer, Phase II, and that the Corporation Counsel be and he is hereby ordered and directed to in- stitute Eminent Domain Proceedings forthwith for and on behalf of the City of Dubuque, Section 2. That the Corporation Counsel be and he is hereby directed and empowered to do any and all 392 Special Session October 18, 1982 things necessary and incidental to said Eminent Domain Proceedings. Passed, adopted and approved this 18th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Ab~stain--Council Member Deich. RESOLUTION NO. 276-82 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 (r~garettes and Cigarette Papers within said City. Carol Fortmann 2327 Central Cock 'N Bull, Inc. 2245 J.F.K. Loras College-Snack Bar Loras & Alta Vista Loras College-Keane Hall Loras & Alta Vista Loras College-Beckman Hall Loras & Alta Vista Passed, adopted and approved this 18th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 277-82 WHEREAS, Applications for Bee~ Permits have been submitted and flied 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 wi~h 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 Nabors Drug, Inc. 1920 Elm (Also Sunday Sales) Nash Finch Co. 190 J.F.K. (Also Sunday Sales) Passed, adopted and approved this 18th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. RESOLUTION NO. 278-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Anthony A. & Bette O. Helling 701 Dodge St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Cock'N Bull, Inc. 2245 J.F.K. (Also Sunday Sales) Passed, adopted and approved this 18th day of October, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Special Session Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Request of Clarke College re questing to transfer their Class "B" Beer Permit to Mary Josita Hall (Din- ing Room) on October 30, 1982, presented and read. Council Member Deich moved that the request for transfer be approved. 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. MINUTES SUBMITTED: Cabb Tele-Programming Comm. of 10-5; Transit Bd. submitting Earnings Statement and Statistics for month of Sept., 1982; Park & Recreation Comm. of 9-8 and 9-23, presented and read. Council Member Beurskens moved that the minutes be received and filed. Second, ed by Council Member Ham- reel. C~rried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Proof of publication, certified to b~ the publisher, advising of intent to flit a request for release of FY '83 Block Grant Funds for FDL Foods, Inc., Loan Participation Program, presented and read. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Steven an~ Leslie Neyens putting the City on notice regarding a driveway entrance at 850 Kane St.; Agnese L. Jaeger, in amt. of $85.87 for car damage, presented and read. Council Member Beurskens moved that the claims be referred to the Cor- poration for investigation and report. Seconded by Council Member Ham- meL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. October 18, 1982 393 Nays--None. Communications of Corporation Counsel recommending settlement of tire damage claim of Sally Hentges in amt. of $47.70; Recommending settle- merit of tire damage claim of Franklin A. Larson, Jr.. in amount of $106.61; Recommending settlement of bike damage claim ni Mark Hittenmiller in amount of $47.74; Recommending set- tlement of personal injury claim of JoAnn Settle in amount of $30, presented and read. Council Member Beurskens moved that the communications be received and filed and settlements approved and Finance Director to issue proper checks. Seconded by Council Member HammeL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer. Kluesner. Kronfeldt. Nays--None. Communication of City Manager submitting reports of City Treasurer and Finance Director for month of September. 1982, presented and read. Council Member Beurskens moved that the communications be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Tom Smith, 350 Winona, questioned the City providing free clinics for the unemployed. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved 1983 Adopted .1983 Mayor