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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