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1982 December Council Proceedings418 Regular Session, December 6, 1982 CITY COUNCILI OFFICIAL Regular Session, December 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- poration Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is the Regular Monthly Meeting of the Coun- cil called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Wm. Weiblen, President of Wartburg Seminary. PROCLAMATIONS: Dec. 12 thru 18th as "National Drugged and Drunk Driving Awareness Week" received by Cletus Close of Dubuque Families in Action. Council Member KIuenser moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronieldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for con- struction of Chaplain Schmitt Memorial Island, Grading, Drainage and Roadway Paving (Base), presented and read. There were no written objections received and no ora1 objectors present at the time set for the Hearing. Council Member Kluesner moved that the proof of pubrication be recelv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Ha'mmel, Klauer, Khiesner, Kronfeldt. Nays--None. (Necessity for Improvement) RESOLUTION NO. 288-82 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the office of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Chaplain Schmitt Memorial Island -Grading, Drainage and Roadway Paving (Base), BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have fried 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 bnprovement will be paid from the General Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 15th day of November, 1982. Approved and placed on file for final action, APPROVED: James E. Brady Mayor ATTEST: Maw A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Decision of Council Upon Objections to Plans, Specifications, Form of Contract and Cost of Improvements RESOLUTION NO. 302-82 WHEREAS, proposed plans and Regular Session, December 6, 1982 419 specifications and form of contract for I IOrdering Constructionl the Chaplain Schmitt Memorial Island RESOLUTION NO. 303-82 - Grading, Drainage and Roadway BE IT RESOLVED BY THE CITY Paving (Base) have been approved by COUNCIL OF THE CITY OF DUBU- the City Council of the City of Dubu- que and public notice given as provid- ed by the Code of Iowa pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such im- provements, said time being this 6th day of December, 1982; and WHEREAS, the City Council met in regular session this 6th day of December, 1982, at 7:30 p.m. in the City Council Chambers for purpose of hearing all interested parties and con- sidering any and all objections w~ich have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considereo: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A, Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. QUE that pursuant co a Resolution of Necessity No 288-82 which was duly passed by this Council for the Chaplain Schmitt Memorial Island- Grading, Drainage and Roadway Pav- ing (Basel be and the same are hereby ordered and constructed by this Coun- cil upon its own motion and with or without the petition of property owners All the work shall be con- suructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk BE IT FURTHER RESOLVED nhat the cost and expense of the said improvement be paid from the General Fund. BE [T FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council, Passed. adopted and approved this 6th day of December. 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on Notice to Contrac- tors of the Receipt of proposals for construction of Chaplain Schmitt Memorial Island, Grading, Drainage and Roadway Paving (Base), presented and read. Council Member Kluesner moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager recommending to award contract for 420 Regular Session December 6, 1982 the above to Fondeil and Sons, Inc., presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Klauer. Carried by the foliow- ing vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. (Awarding Contract) RESOLUTION NO. 304-82 WHEREAS, sealed proposals haw been submitted by contractors for the Chaplain Schmitt Memorial Island- Grading, Drainage and Roadway Pav- ing (Base) pursuant to Resolution No. 289-82 and notice to bidders published in a newspaper published in said City on November 18, 1982, and WHEREAS, said sealed proposal~ were opened and read on November 30, 1982, and it has been determined that the bid of Fondeil and Sons, Inc. of Dubuque, Iowa in the amount of $188,568.35 was the lowest bid for the furnishing of ail labor and materials and performing 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 contract for the above- mentioned improvement be awarded to Fondail and Sons, 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- tore bond, the City Treasurer m authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Planning and Zoning Commission submitting their )reposed zoning Ordinance Amend- ments to the Non-Conforming Uses Section of the Zoning Ordinance, 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- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. An ORDINANCE Amending Ap- pendix A of ~he Zoning Ordinance and Zoning Map by enacting a new Article II in lieu thereof which establishes pre- visions to allow the expansion of Non- Conforming Uses, presented and read. Council Member Hammel moved that the readng just had be considered the first reading of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. 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, Klauer, Khiesner, Kronfeldt. Nays--None. Council Member Hammel moved that a Public Hearing be held on the Ordinance on January 3, 1983 at 7:30 p.m. in the Council Chambers at City Hall and that the City Clerk be in- structed to publish notice of the Hear- ing in the manner prescribed by law. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Lois Glover, 1104 River- view St., requesthig to address the Council to get some action concerning Riverview St., presented and read. Regular Session, December 6, 1982 421 Mrs. Glover gave specifics of street and weed problems on Rivervlew St. Council Member Kronfeldt moved that the petition be received ~nd filed and referred to the City Manager for follow-up regarding street salting and weed cutting only. Seconded by Coun- cil Member HammeL Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Mrs. Cherle Lambert re- questing to address the Council regar- ding the "Helistop" near Finley Hospital, presented and read. Mrs. Lambert objected to the possibly dangerous landings of helicopters at the nearby hospital. Council Member Klauer moved that the petition be received and filed and referred to Staff for further study. 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 Marie Simpson Dean submitting comments regarding heflstop at Finley Hospital, presented and read. Council Member Klauer moved that the communication be received and filed and referred to Staff for further study. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Marager submitting proposed Loan Agreement and other documents providing for the loan of $500,000 of Community Development Block Grant Funds to FDL Foods, Inc., presented and read. Council Member Deich moved that this matter be tabled for one week, MOTION DIED FOR LACK OF A SECOND. Council Member Delch moved that the communication be received and flied. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--Council Member Beurskens. RESOLUTION NO. 305-82 A Resolution Authorizing Acceptance of an Agreement Providing for the Loan of Community Development Block Grant Funds to FDL Foods, Inc. WHEREAS, the City of Dubuque, Iowa has made application to the United States Department of Housing and Urban Development for an Urban Development Action Grant to provide financial assistance to FDL Foods, Inc. for its undertaking of capital im- provements in its Dubuque, Iowa meatpacking facility; and WHEREAS, the Department of Housing and Urban Development has to award an Urban Development Action Grant to the City of Dubuque, Iowa, for the purpose described above, on condition that the City of Dubuque provide supplemental financial assistance to FDL Foods, Inc. through its Community Develop- ment Block Grant entitlement; and WHEREAS, the City of Dubuque, Iowa desires to assist FDL Foods, Inc. in the improvement of its plant and the enhancement of its economic viability, for the purpose of creating employment opportunity for its citizens, to stabilize and im- prove the city's tax base, and to main- rain revenues in its wastewater treat- ment system; and, WHEREAS, a Community Develop- ment Block Grant Loan Agreement and accompanying Security Agree- ment and Real Estate Mortgage have been executed by FDL Foods, Inc., and the same are hereto attached and by this reference made a part hereo~i NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authoriz- ed and directed to endorse the accep- tance of the City of Dubuque, Iowa upon the Community Development Block Grant Loan Agreement hereto attached, including the Security Agreement, marked Exhibit A and the Real Estate Mortgage marked Exhibit B, providing for the loan of five hun- dred thousand dollars ($500,000.00) to FDL Foods, Inc., according to terms specified therein. Section 2. That the City Manager be 422 Regular Session, December 6,1982 and he is hereby authorized to disburse funds according to the Loan Agree- ment from the Community Block Grant entitlement fund~ Passed, approved and adopted this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop~ tlon of the Resolution and agreement approved as amended. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--Council Member Beurskens. Communication of HUD advising material for UDAG Program has been approved and authorizing City Manager to execute certification presented and read. Council Member Klauer moved that the communication be received and filed and the City Manager authorized to execute certification. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution authorizing corrections in verbage in the first page of the amended Consent Decree ap- proved by the City Council on October 4, 1982, 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--Council Members Deich, Hammel, Klauer, Kluesner, I0h. onfeldt. Nays--Mayor Brady. RESOLUTION NO. 306-82 Resolution Authorizing a Correction to be Made in the Amendment to the Consent Decree Relative to the Wastewater Treatment Plant WHEREAS, a Consent Decree was filed on August 18, 1981, with the United States District Court for the Northern District of Iowa, such Con- sent Decree representing the parties of the United States of America, as plain- tiff, and the City of Dubuque, Iowa, as defendent; and WHEREAS, such Consent Decree pertains to certain bnprovements stipulated to be performed and com- ' the City of Dubuque no later than December 31, 1982; and WHEREAS, listed under additional processing units to be installed was the installation of a Zimpro Sidestream Processing Unit; and WHEREAS, it was the intention of the City of Dubuque to install either a filter belt press or a Zimpro Unit; and WHEREAS, EPA has consented to drop the requirement for the installa- tion of the Zimpro Sidestream Process- lng Unit as part of the Consent Decree; and the City Council, in a Resolution adopted on October 1982, directed the Mayor and City Council to sign an amendment to the Consent Decree between the United States of America vs. the City of Dubuque, Iowa, number C79-1001; and WHEREAS, EPA is asking that the first page of tiffs amended Consent Decree be corrected to represent the following changes: a. In the paragraph beginnhig with "This Court has jurisdiction...", the following words are deleted from the last sentence "in the State of Iowa." b. Under Roman Numeral II, a Roman Numeral VII is inserted after the word paragraph. This is the sec- tion of the Consent Decree that is amended. NOW, THEREFORE, BE IT RE- ) BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council con- sents to these corrections in the first page of the Consent Decree approved by Resolution on October 4, 1982. Section 2. Tkat a copy of this Resolu- tion be forwarded onto EPA so that they have authorization to make these corrections in the first page of the amendment to the Consent Decree that will be filed with the United States District court for the Northern District of Iowa, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Regular Session, December 6, 1982 423 Council Member Hammel moved adoption of the Resolution. Seconded by Council i the following vote: Yeas--Council Members Beurskenl Deich, Hammel, Klauer, Kluesner Kronfeldt. Nays--Mayor Brady. Proof of Publication, the Publisher, on Notice to Contrac- tors of the receipt of Proposals for the construction of Resurrection Church Sanitary Sewer; Communication of City Manager recommending to award contract for above to Northwestern Development, Inc., and a RESOLU- TION Awarding Contract for above to Northwestern Development, Inc., in the amount of $112,753.64, presented and read. Attorney Dan Ernst, on behalf of the Margaret Pfohl Estate, addressed the Council being of the opinion the project at tlfis time is not valid; Defer- rment filed in January is proper and should be honored; Notice of Hearing was improper and estimated assess- ment was not mailed to the proper ad- dress as it appears in the County Auditor's Office. Council Member Klauer moved that the proof of publication, the Com- munication of the Manager and the RESOLUTION Awarding the Con- tract be tabled for one week. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communioatinn of City Manager re questing Brice, Petrides and Associates, Inc. be selected as the Engineering Firm for the Cedar Cross Extension Corridor Location Study, 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. 307-82 Engineering Firm Selection for the Cedar Cross Extension Corridor Loca- tion Study. WHEREAS, the Cedar Cross Exten- sion Corridor Location Study was ap- proved by the City Council in March of 1982, in the adoption of the Five-Year Capital Improvement Program for Fiscal Year 1983-1987: and WHEREAS, the location for the Cedar Cross Corridor is in accoroance with the 1990 Transportation Plan: and WHEREAS. a Project Concept Statement has been approved by the Federal Highway Administration and Department of Transporra- tion and is eligible for Federal Aid to Urban Systems: and WHEREAS. an Enwronmental Assessment and/or Environmental Impact Statement will be required in the selection of the specific alignment: and WHEREAS, proposals for the study were received from six engineering firms and three of these engineering firms were interviewed; and WHEREAS, the firm of Brice Petrides and Associates. Inc., of Waterloo, Iowa. has been selected as the engineering firm to conduct this study. NOW, THEREFORE. BE IT AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council con- ~urs in the selection of Brice Petrides and Assoeiatos, Inc., as the engineer- ing firm to conduct the Corridor Loca- tion Study for the Cedar Cross Align- Section 2. That the City Manager and the staff be authorized to proceed with the development of a contract identifying the scope of servides and then negotiate a fee for the providing of these services in the selection of the alignment for the Cedar Cross Road. Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. 424 Regular Session December 6, 1982 Nays--None. Communication of City Manager submitting response to Wm. Maiers regarding property located adjacent to the 32nd St. Railroad Overpass and re- questing authorization to advise Mr. Maiors that the City does not have a need for the property at this time, presented and read. Council Member Deich moved that the communication be received and filed and the Manager authorized to advise Mr. Maiors. Seconded by Coun- cil Member Klauer. Carried by the following vote: Yeas--Mayor Brady~ Council Mem- bers Beurskens, Deioh, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manage~ recommending acceptance of 1982 Asphalt Paving Project and re- questing to execute a supplemental contract on the balance of the work 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, Deioh, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 308-82 WHEREAS, the City Council of the City of Dubuque, through Resolution No. 198-82 awarded a contract to Tschiggfrio Excavating of Dubuque, Iowa, for the 1982 Asphalt Paving Project; and WHEREAS, said contract was awarded in the amount of $288,599.05; and WHEREAS, by mutual consent of the City Council and said contractor, a portion of the slurry seal included in the 1982 Asphalt Paving Project has been postponed until the spring of 1983. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and is hereby directed to execute a sup- plemental contract to the 1982 Asphalt Paving Project for the slurry sealing of Algona Street from Loras Boulevard to Dexter Street; Asbury Road from John F. Kennedy, 2850feet to the west; and Kaufmann Avenue from Carter l~oad to Grandview. Section 2. That the supplemental contract be in the amount of $24,110.62. Passed, adopted and approved this 6th day of December, 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 Bearskens, Deich, Hammel, Klauer. Kinesner, Kronfeldt. Nays--None. (A Resolution Accepting Improvement) RESOLUTION NO. 309-82 WHEREAS, the contract for the 1982 Asphalt Paving Project has been completed and the City Manager has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from General Fund in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Regular Sessior December 6, 1982 425 426 Final Estimate RESOLUTION NO. 310-82 WHEREAS, the contract for the 1982 Asphalt Paving Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat. now therefore, BE IT RESCLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $258,143.52. That none of the cost thereof shall be assessable upon private property and $258.143.52 shall be paid from the General Fund of the City of Dubuque. Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Bearskens. Car- ried by the Ioilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager recommending acceptance of the In- terim Street Improvements related to the Dubuque to Wisconsin Bridge, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote~ Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. IA Resolution Accepting Improvement) RESOLUTION NO. 311-82 WHEREAS, the contract for the In- terim Street Improvements related to the Dubuque to Wisconsin Bridge has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED. that the City Treasurer be and be is hereby directed to pay to the contractor from the funds to be realized from the Road Use Tax Fund in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, adopted and approved this 6th day of December, 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. Final Estimate RESOLUTION NO. 312-82 WHEREAS, the contract for the In- terim Street Improvements related to the Dubuque to Wisconsin Bridge has been completed and the City Engineer Las submitted his final estimate show- lng the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $194,199.67. That none of the cost thereof shall be assessable upon private property and $194.199.67 shall be paid from the Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 6th day qf December, 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, Hammni. Klauer, Kluesne~, Kronfledt. Nays--None. Communication of City Manager recommending acceptance of the con- tract for the North-West Arterial, Stage I, Grading and Drainage. presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kiuesner, Kronfeldt, Nays--None. IA Resolution Accepting Improvement) RESOLUTION NO. 313-82 WHEREAS, the contract for the North-West Arterial. Stage I. Grading and Drainage has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the contract, plans and specifications and recom- mends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same m hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he hereby directed to pay to the contrac- tot from the funds to be realized from the sale of General Obligation Bonds in amount equal to the amount of his contract. Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Final Estimate RESOLUTION NO. 314-82 WHEREAS, the contract for th~ North-West Arterial, State I, Grading Regular Sessiar December 6, 1982 and Drainage has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $398,747.48. That none of the cost thereof shall be assessable upon private property and $398.747.48 shall be paid from General Obligation Bonds of the City of Dubuque. Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Me~nber Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Conununication of City Manager recommending acceptance of the con- tract for the East 11th St. reconstruc- tion from Central Ave. to Kerper Blvd., 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- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. (A Resolution Accepting Improvement) RESOLUTION NO. 315-82 WHEREAS, the contract for the East Eleventh Street from Central Avenue to Kerper Boulevard Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said Regular Session improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from the Road Use Tax & Comm. Develop- ment Funds in amount equal to the amount of his contract. Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of tlie Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Final Estimate RESOLUTION NO. 316-82 WHEREAS, the contract for th, East Eleventh Street from Central Avenue to Kerpor Boulevard Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices, inspection, and preparing the assess- ment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $388.233.10. That none of the cost thereof shall be assessable upon private property and $388,233.10 shall be paid from the Road Use Tax and Community Dev. Funds of the City of Dubuque. Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager December 6, 1982 427 recommending acceptance of the Ice Harbor Museum-Riverfront Tourist Access Project, presented and read. Council Member Kronfeldt 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. (A Resolution Accepting Improvement) RESOLUTION NO. 317-82 WHEREAS, the contract for the Ice Harbor Museum-Riverfront Tourist Access has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accor- ding to the terms of the contract, plans and specifications and recom- mends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted, BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from Conununity Development Funds in amount equal to the amount of his con- tract, less any retained percentage for therein. Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bors Beui-skens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Final Estimate RESOLUTION NO. 318-82 WHEREAS, the contract for the Ice Harbor Museum-Riverfront Tourist Access has been completed and the City Engineer has submitted his final estimate showing thy cost thereof in- chiding the cost of the estimates, 428 Regular Sessio~ December 6, 1982 notices, inspection and preparing the assessment plat, now therefore, BE IT RESOLVED, .by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $92,640,16. That none of the cost thereof shall be assessable upon private property and $92,640.16 shall be paid from the Community Development Fund of the City of Dubuque. Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Deich.~ Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Historic Preset vation Commission approving demoli- tion of a garage located at 1436 White St. AND Communication of City Manager requesting a demolition per- mit for a garage at 1436 White St. be approved, presented and read. Council Member Kronfeldt moved that the communications be received and filed and that the permit be ap- proved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer. Khiesner, Kronfeldt. Nays--None. Communication of City Manager submitting materials on procedural steps for Federal Release of Communi- ty Development Block Grant Funds, presented and read. Council Member Deich moved that the commurfication he received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel Klauer. Khiesner. Nays--Council Member Kronfeldt. RESOLUTION NO. 319-82 A Resolution Authorizing Submis sion 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 July 14, 1976 which completed an Environmen- tal Assessment of the following iden- tified project to be funded in the Com- munity Development Block Grant: Miscellaneous Public Improvements including street, alley, curb repair and replacement, lighting and signage; and WHEREAS, pursuant to Resolution No. 246-76, adopted July 19, 1976, Public Notice of a "Finding of No Significant Effect on the Environ- ment'' for the project above was published July 20, 1976, in the Dubu- que Telegraph Herald, a newspaper of general circulation, and provided for a public comment period until 12:00 Noon, Monday, August 16, 1976, and notice of opportunity to review the project was published on November 24, 1982. in the Dubuque Telegraph Herald and provided for a public com- ment period until 12:00 Noon, Friday, December 10, 1982; and WHEREAS, the City of Dubuque con- vened an ad hoc committee on June 23, 1976 which completed an Environmen- tal Assessment of the following pro- jects to be funded in the Community Development Block Grant: Residential Rehabilitation Loan and Grant Program in Community Development Project Areas Emergency Home Repair in Commu- nity Development Project Areas Tool Lending Library sponsored by Washington Tool Library, Inc., a non-profit corporation. WHEREAS, pursuant to Resolution No. 240-76 adopted July 6, 1976, Public Notice of a "Finding of No Significant Effect on the Environ- merit' for the projects above was published July 7, 1976, in the Dubuque Telegraph Herald, and provided for a public comment period until 12:00 Noon, Friday, July 30, 1976, and notice of opportunity to review for the projects was published on November 24, 1982 in the Dubuque Telegraph Herald and provided for a public com- ment period until 12:00 Noon, Friday, December 10, 1982; and WHEREAS, the City of Dubuque convened an ad hoc committee on June 12, 1978 which completed an En- vironmental Assessment of the follow- lng project to be funded in the Com- munity Development Block Grant: Housing Code Enforcement; and Regular Session December 6, 1982 429 convened an ad hoc committee on July WHEREAS, pursuant to Resolution No. 210-78 adopted June 19. 1978, Pabllc Notice of a "Finding of No Significant Effect on the Environ- ment" for the project above was published June 20. 1978, in the Dubu- que Telegraph Herald and provided for a public comment period until 12:00 Noon, Friday, July 7, 1978, and notice of opportunity to review the project was published on November 24, 1982 in the Dubuque Telegraph Herald and provided for a public comment period until 12:00 Noon, Friday, December 10, 1982; and WHEREAS, the city of Dubuque convened an ad hoc committee on June 11, 1980 which completed an En- vironmental Assessment of the follow- ing project to be funded in the Com- munity Development Block Grant: Operation Paintbrush WHEREAS, pursuant to Resolution No. 292-80 adopted June 16, 1980, Pablic Notice of a "Finding of No Significant Effect on the Environ- ment'' for the project above was published June 17, 1980, in the Dubu~ que Telegraph Herald and provided for a public comment period until 12:00 Noon, Monday, July 7, 1980, and notice of opportunity to review for the project was published on November 24, 1982, in the Dubuque Telegraph Herald and provided for a public com- ment period until Noon, Friday, December 10, 1982; and WHEREAS, the City of Dubuque convened an ad hoc committee on June 15, 1982 which completed an Eh- vlronmental Assessment of the follow- lng project to be funded in the Com- reunify 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 and provided for a public comment period until 12:00 Noon, Friday, July 9, 1982, and notice of opportunity to review for the pro- ject was published on November 24, 1982 in the Dubuque Telegraph Herald and provided for a public com- ment period until 12:00 Noon, Friday, December 10, 1982; and WHEREAS, the City of Dubuque 30, 1982 which completed an En- viromnental Assessment of the follow- lng project to be funded in the Com- munity Development Block Grant: Economic Development/ Land Acquisition WHEREAS, pursuant to Resolution No. 203-82 adopted August 2, 1982, Public Notice of a "Finding of No Significant Effect on the Environ- ment" for the project above was published August 4. 1982, in the Dubuque Telegraph Herald and pro- vided for a public comment period un- til 12:00 Noon, Friday, August 20, 1982 and notice of opportunity to review for the project was published on November 24, 1982 in the Dubuque Telegraph Herald and provided for a public comment period until Noon, Fri- day, December 10, 1982; and WHEREAS, Public Notice of a "Finding of No Significant Effect on the Environment" for the projects 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 proposals have 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 projects: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for each of the projects shall continue to remain on file in the Office of the City Clerk, where said records may be examined and copied by any interested 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 seven (7) days after receipt from HUD of approved application for Calendar Year 1983 Block Grant funds, a request for release of funds to under- take the said projects. Section 3. That the Mayor of the City 430 Regular Session, December 6, 1982 of Dubuque is hereby authorized to consent to assume the status of a responsible Federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development's responsibilities for review, decision- making, and action assumed and caw tied 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 action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification' pertaining to the en- vlronmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification in the form of Exhibit "A" attached hereto and made a part hereof Passed, adopted and approved this 6th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deicb moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. Communication of City Manager submitting Resolution authorizing the Mayor to execute a Consolidated An- nual Contributions Contract for the Section 8 moderate Rehabilitation Housing Program with HUD, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt: Nays--None. RESOLUTION NO. 320-82 Resolution Authorizing Execution of Consolidated Annual Contributions Contract and General Depositary Agreement 48 Units, Section 8 Moderate Rehabilitation Housing WHEREAS, the City of Dubuque, Iowa (herein called the "Local Authori- ty"l proposes (1) to enter into a con- tract (herein called the "Consolidated Annual Contributions Contract") with the United States of America (herein called the "Government"); and (2) to enter into an agreement (herein called the "General Depositary Agreement") with American Trust and Savings Bank (which is a member of the Federal Deposit Insurance Corpora- tion is herein called the "Bank"); all with respect to any "Project" as defin- ed in the Consolidated Annual Con- tributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY. AS FOLLOWS: Section 1. The Consolidated Annual Contributions Contract in substantial- ly tke form of contract hereto attached and marked "Exhibit A " is hereby ap- proved and accepted both as to form and substance and the Mayor of Dubu- que, Iowa is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counte~ parts, or any of them, to the Govern- ment together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Govern- ment. Section 2. Tke General Depositary Agreement in substantially the form of agreement hereto attached and marked "Exhibit B" is hereby approved and accepted both as to form and substance and the City Treasurer is hereby authorized and directed to ex- ecuto said Agreement in three copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the of- ficial seal of the Local Authority to each such counterpart, and to forward two executed counterparts thereof to the Government, together with such other documents evidencing the ap- Regular Session £rovai and authorizing the execution thereof as may be required by the Government. Section 3. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the con- text shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (~) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Consolidated Annual ContHbu- lions Contract shall have the respec- tlve meanings ascribed thereto in the Consolidated Annual Contributions Contract, Section 4. This Resolution shall take effect immediately, this 6th day o! December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Klauer moved adoption of the Resolution. Seconded by Council Member HammeL Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Managm subnfitting an Ordinance amending the Code of Ordinances which recognizes three year immunizations against rabies for cats, 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, Hamme] Klauer, Kluesner. Nays--Council Member Kronfeldt. ORDINANCE NO. 58-82 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 7-45(b) THEREOF AND ENACTING A NEW SECTION 7-45(b) IN LIEU THEREOF PROVIDING FOR THREE YEAR IMMUNIZATIONS AGAINST RABIES FOR CATS presented and read. Council Member Klauer moved thai December 6, 1982 431 the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bars 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 prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Beurskens. Car- ried by tile following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel. Klauer, Kluesner. Nays--Council Member Kronfeldt. ORDINANCE NO. 58-82 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 7-45 (bi THEREOF AND ENACTING A NEW SECTION 7-45 (bi IN LIEU THEREOF PROVIDING FOR THREE YEAR IMMUNIZATIONS FOR CATS. NOW THEREFORE, be it ordained bv the City Council of the City of gubugue~ Iowa: Seclio. 1. That the Code of Ordi- nances of the City ot Dubuque, iowa be amended bv repeoJing Section 7 45 (bi Council Member Klauer moved final adoption of the Ordinance. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, HammeL Klauer, Kluesner. Nays--Council Member Kronfeldt. Communication of City Manager submitting an Ordinance requiring an annual license and the payment of fees for facilities which store, handle and dispense corrosive~ flammable or com- bustible liquids within the City, presented and read. Council Member Hammel moved that the communication be received 432 Regular Session, December 6, 1982 and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammei Klauer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 59-82 AN ORDINANCE AMENDING THI CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENACTING A NEW DIVISION 3 TO ARTICLE III OF CHAPTER 14 COMPRISED OF SECTIONS 14-70, 14-71, 14-72 AND 14.73 THEREOF PROVIDING FOR THE ISSUANCE OF A LICENSE FOR A FEE FOR TANKS CONTAINING COR- ROSIVE, FLAMMABLE OR COM- BUSTIBLE LIQUIDS, 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 vote: Yeas--Mayor Brady, Council Men 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 Kronfeldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Khiuer, Kluesner, Kronfeldt. Nays--None. ORDINANCE NO. 59-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, iOWA BY ENACTING A NEW DIVISION 3 TO ARTICLE III OF CHAPTER 14 CaM PRISED OF SECTION 14-70, 14-71, 14-72 AND 14-73 THEREOF PROVIDING FOR THE ISSUANCE OF A LICENSE FOR A FEE FOR TANKS CONTAiN- ING CORROSIVE, FLAMMABLE OR COMBUSTIBLE LIQUIDS. WHEREAS, lhe Uniform Fire Code prescribes the condHJons under which permanently inslalled tanks containing corrosive, tJammoble or combustible liquids shall be constructed and main rained in the City; and WHEREAS, the Fire Department in inspecting such installations incurs certain costs; and WHEREAS, Jt is deemed to be in the NOW THEREFORE, be it ordained bv the City Council of the City of Dubuque, Iowa: ~e£tion 1. That the Code of Ordi- nancas of the City of Dubuque, Iowa be amended by enacting a new Division 3 to Article Iii of Chapter 14 comprised of Sections 14-70, 14-71, 14-72 and 14-73 thereof as follows: DIVISION 3, BULK STORAGE TANKS LICENSES "Sec, 14 70. License Required. NO person shall engage in the ooera- tion DJ or in the business of storing, handling or dispensing corrosive, flammble or combustible liquids including liquid petroleum gas (LP gas) at any one location within the City without first securing an annual license and gaying a fee therefor in accordance with the following sched- ANNUAL CAPACITY IN GALLONS FEE I1,000 - 19,999 $ 40.00 20,(~0 - 49,999 $ b0.00 50,0C0 - 299,999 $ 80.00 3gO,OOO 499,999 $100,00 500,000 ar more s150.00 Service stations licensed under Divi- leum gas (LPG) is stared are not sub- be obtained under this division shall 5. The identification and amount ot PASSED, APPROVED AND 1982. Regular Session December 6, 1982 433 December, 1982. Mary A, Davis City Clerk It 12/10 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. BOARDS AND COMMISSIONS: Council Member Kronfeldt movec that Mary Bllllngton be appointed to the Community Development Com- mission for a three year term expiring Nov. 8, 1985 representing the Target Area (4th St.). Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 321-82 BE IT RESOLVED, By the Cit) 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. Sunshine Mart of Dubuque, Ltd. 430 Rhomberg Ave. Passed, adopted and approved this 6th day of December, 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 tho renewing vote: Yeas--Mayor Brady, Council Mem- bers Bearskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 322-82 WHEREAS, Applications for Beer Permits have been s~bmltted 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 Local 94, U.A.W. 3450 Central (Also Sunday Sales) CLASS "C" BEER PERMIT Revco Discount Drug Centers of Iowa, Inc. 3049 Asbury (Also Sunday Sales) Sunshine Mart of Dubuque, Ltd. 430 Rhomberg Ave. (Also Sunday Sales) Trans-Miss Investments 2335 University Ave. (Also Sunday Sales) Passed, adopted and approved this 6th day of December, 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- hers Beurskens, Deich, Hammel, Klauer, Kluesner, KronfeIdt. Nays--None. RESOLUTION NO. 323-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License: CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Benevolent & Protective Order of Elks #297 2699 J.F. Kennedy Joseph F. Blefie 2600 Central Ave. John Richman & Robert Spiegel 1080 University Ave. (Also Sunday Sales) 434 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE (Continued) Carol M. Fortmann 2327 Central (Sunday Sales Only) Passed~ adopted and approved this 6th day of December, 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. MINUTES SUBMITTED: Airport Comm. of 11-16; Dock Bd. of 11-12 and 11-18; Housing Comm. of 11-16; Public Library of 10-4, 10-27, 10-29; and Tran- sit Bd. of 11-4, presented and read. Council Member Klauer moved that the minutes be received and flied. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Hammel, Kronfeldt. Communication of City Manager submitting monthly reports of Finance Director and City Treasurer for month of October, 1982, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Member Beurskens, Hammel, Kronfeldt. Library Minutes of 10-19, presented and read. Council Member Hammel moved that the minutes be received and filed. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Solicitor Barry Lindahl advising the findings of the Nemmers case has been appealed by Dr. Nemmers, presented and read. Council Member Klauer moved that the communication be received and Regular Session, December 6, 1982 filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Delch, Klauer, Khiesner. Nays--Council Members Beurskens, Hammel, Kronfeldt. Communications of Corporation Counsel recommending settlement of personal injury claim of Sue Ann Flynn in amount of $22.50; Recom- mending settlement of personal injury claim of Elizabeth Ulrich in amount of $1,020.50, presented and read. Council Member Klauer moved that the communication be received and filed and settlements approved with Finance D~rector to issue checks. Seconded' by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Hammel, Kronfeldt. Communications of Corporation Counsel recommending DENIALS of the following claims: Auto damage claim of Byron Keith Judge; Boat and trailer claims of Kevin W. Kisting; Windshield damages of Dick Wagner; Sewer Backup damages of Paul W. Frey; Property damages clalm of Alvin Schroeder; Property damages of Thomas W. Giese; Auto damages claim of Terry Kerns; Property damage of Al Polsean; Labor Claim of Frank Hardie Advertising, presented and read. Council Member Klauer moved that the communications be received and filed and denials approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Hammel, Kronfeldt. NOTICES OF CLAIMS: Thomas Becket, in unknown amount for car damages; Bonnie Maas, in undeter- mined amount, for personal injuries, presented and read. Council Member Klauer moved tllat the claims be referred to the Corpora- tion Counsel for investigation and report. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Hammel, Kronfeldt. Communication of Community Plan- ning and Development Division of HUD advising of completion of review of the Grantee Performance Report Regular Session December 6, 1982 435 (GPR) submitted by City of Dubuque, 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 Deich. Klauer, Kluesner. Nays--Council Members Beurskens Hammel, Kronfeldt. Communication of Civil Aeronautic~ Bd. advising Ozark Airlines is required to continue to provide essential air ser- vice at Fort Dodge and Mason City for an additional 30 day period, through December 19, 1982. presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner, Nays--Councri Members Beurskens, Hammel, Kronfeldt. Refunds Requested: Loras College, $50 unexpired Cigarette Licenses, presented and read. Council Member Klauer moved that the refunds be approved and the Finance Director to issue the proper check. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Hammel, Kronfeldt. Communication of Sr. Gaff Fitz- patrick expressing concern in regard to the racism that is in the City of Dubuque, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Councri Members Beurskens, Hammel, Kronfeldt. Communication of children of Elizabeth Adams Burden, advising of their availability if Council desires to seek additional information regarding the gift of Four Mounds to the City, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Councri Members Beurskens, Hammel, Kronfeldt. Communication of City Manager recommending denial of County Board of Supervisors petition requesting no parking be allowed on the south side of the 7th Street section between the westerly alley line and the intersection of 7th St. and Central Ave., presented and read. Council Member Klauer moved that the communication be received and filed and the denial approved. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Hammel, Kronfeldt. Mayor Brady submitted copy of let- ter to Mr. Ralph Schetgen from Gerald A. Rickard, Chief, Aircraft Disposition Office, regarding an Aircraft/Missile Donation Brochure. Council Member Klauer moved that the letter be received and filed and referred to the City Manager. Second- ed by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Klauer, Kluesner. Nays--Council Members Beurskens, Hammel, Kronfeldt. Council Member Deich gave a verbal report on the League of Municipalities Meeting in Los Angeles. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem-. bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved ~1983 Adopted .1983 Mayor Council Members ATTEST: City Clerk 436 Special Session, December 13,1982 CITY COUNCIL OFFICIAL Special Session, December 13, 1982. Council Met at 7:30 p.m., Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Assis- tant City Attorney William Blum. Absent--Corporation Counsel Harley F. Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to set a Public Hearing on the qpplication from A.Y, McDonaldMfg. Co. for prior approval of Industrial Tax Exemption and ac- ting upon such other business which may properly come before the Council. Invocation was given by Dr. Ralph Quere, Associate Professor of History and Theology at Wartburg Seminary. The Choir Members of Dubuque Senior High School presented Mayor Brady with their first recording "Caroling, Caroling". Petition of A.Y. McDonald Mfg. Co. requesting a Public Hearing be set on their application for prior approval of tax exemption for property located in Dubuque Industrial Center, Third Ad- dition, presented and read. Council Member Beurskens moved that the petition be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Khiesner, Kronfeldt. Nays--None. Communication of City Manager submitting Ordinance providing for prior approval of tax exemption for A.Y. McDonald Mfg. Co., presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kkiesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hammel, Klauer, Kkiesner, Kronfeldt. Nays--None. An ORDINANCE Providing for Prior Approval of Tax Exemption for new construction filed by applicant, A.Y. McDonald Mfg. Co. for property described as Lot I of Dubuque In- dustrial Center, Third Addition, to the City of Dubuque, 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 Kluesner. 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 Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Council Member Beurskens moved that a Public Hearing be held on the Ordinance on December 20, 1982 at 7:30 p.m. in the Auditorium of the Public Library 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. Council Member Klauer moved to suspend the rules to let anyone pre~ sent address the Council if they so desire. Seconded by ~ouncil Member Beurskens. Carried by the following vote: Yeas--Councri Members Beurskens, Deich, Klauer, Kluesner, Kronfeldt. Nays--Mayor Brady, Council Member Hamme]. Proof of pubfication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for the Construction of Resurrection Church Sanitary Sewer (tabled from last week), presented and read. Attorney Robert Bersch, represen- ting Carl Burbach, and Attorney Michael Melloy, representing Resur- rection Church, requested that the Council approve the project. David Strom, 974 Indian Ridge, re- quested that the Council honor the deferment request fried in January for the Pfohl property. Council Member Hammel moved that the proof of publication be re- Special Session December 13, 1982 437 ceived and filed. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner. Nays--Council Member Kronfeldt. Communication of City Manager recommending to award contract for above to Northwestern Development, Inc., presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. (Awarding Contract) RESOLUTION NO. 324-82 WHEREAS. sealed proposals have been subwAtted by contractors for the Resurrection Church Sanitary Sewer pursuant to Resolution No. 283-82 and notice to bidders in a newspaper published in said City on November 12, 1981, WHEREAS, said sealed proposals were opened and read on November 30, 1982, and it has been determined that the bid of Northwestern Development, Inc., of East Dubuque, Illinois in the amount of $112,753.64 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above- mentioned improvement be awarded to Northwestern Development, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work~ BE IT FURTHER RESOLVED: That upon signing of said contract and the approvel of the contractors bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 13th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Hammel moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Nays--Council Member Kronfeldt. Petition of Group W Cable re~ questing a rate increase for Cable Set- vices to be effective February 1, 1983, presented and read. Council Member Hammel moved that the petition be referred to the City Manager and Cable Regulatory Commission for further study. Second- ed by Council Member Beurskens. Car- ried by the following vote: Yeas--Council Members Beurskens, Delch, Hammel, Kluesner. Nays--Mayor Brady, Council Mem- bers Klauer, Kronfeldt. RESOLUTION NO. 325-82 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. Trane-Miss Investments, Inc.- Oky Doky Foods #272335 University Phillip Mihalakis 1406 Pine St. Passed, adopted and approved this 13th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTIO~I NO. 326-82 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 438 Special Session, December 13, 1982 Ordinances of this City and have flied proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Angel Investment Co. 2699 Rockdale (Also Sunday Sales) Earl Tegeler 2311 Windsor Ave. (Also Sunday Sales) Passed, adopted and approved this 13th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 327-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "B" (HOTEL MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc. 200 Main (Also Sunday Sales) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kachevas, Inc. 665 Dodge St. (Also Sunday Sales) David Wetter and Joseph McGinnis 951 Main St. Norene J. Millman 601 Rhomberg (Also Sunday Sales) Phillip Mihalakis 1406 Pine (Also Sunday Sales) Passed, adopted and approved this 13th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution, Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem~ hers Beurskens, Deich, l~Iammel, Klauer, Kluesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Planning and Zoning Commission of 12~1 (unap- proved); Public Library of 11-5 and 11-7 (unapproved); Zoning Bd. of Ad- justment of 10-21, 10-28, 11-8 (unap- proved) and 11-18 (unapproved); Com- munity Development Comm. of 11-16 (unapproved), presented and read. Council Member Deich 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. Refunds Requested: Mr. Bill's Ltd. $422.50 on unexpired Liquor License, presented and read. Council Member Deich moved that the refund be granted and Finance Director to issue proper check. 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. Proof of publication, certified to by the Publisher, of Notice of Submittal on actual expenditures of Federal Revenue Sharing Funds for Fiscal Year 1982; Notice of Finding of No Significant Effect on the Environment for various Community Development Projects; List of Claims and Expen- ditures for month of October, 1982, presented and read. Council Member Deich moved that the proofs of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Special Session Communication of Corporation Counsel recommending denial of car damage claim of Mrs. Richard Benson presented and read. Council Member Deich moved tha the communication be received and filed and denial approved. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Klauer, Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS: Nellie Hartman, in amount of $500 for per- sonal injuries received in a fall; Susan Hass, in est. amount of $395.58 for auto damages; Gabriel W. Weber, in unknown amount for personal injuries, presented and read. Council Member Deich moved that the claims be received and filed and referred to the Corporation Counsel for investigation and report. 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. Communication of P & Z Commission submitting response to Board of Realtors' letter regarding the Zoning Ordinance, AND Communication of Board of Realtors, Inc. advising of their continuing efforts to develop community support, presented and read. Council Member Deich moved that the communications be received and filed. Seconded by Council Member Beurskens. Carried by the following] Vote: Yeas--Mayor Brady, Council Mere-] 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 Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Klauer, Kluesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved_ __198~ Adopted .... 1983 December 13, 1982 Mayor Council Members ATTEST: City Clerk 439 440 Special Session, December 20, 1982 CITY COUNCIL OFFICIAL Special Session, December 20, 1982, Council Met at 7:30 p.m., Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Dcich, Hammel, Klauer, Kluesner, Kronfeldt, City Manager W. Kenneth Gearhart, Cor- poration Counsel Harley F, Stark, Jr. Mayor Brady read the call and stated that service thereof had been duly made and this Meeting is called for the purpose to CONDUCT A PUBLIC HEARING TO CONSIDER AN ORDINANCE PROVIDING FOR PRIOR APPROVAL OF TAX EX- EMPTION FOR NEW CONSTRUC- TION FOR A. Y. McDONALD MFG. CO., and acting upon such other business which may properly come before the Council. Invocation was given by Fr. Timothy Bakakos of St. Elias the Pro- phet Church. Phil Wulfekuhle, Pres. of the Dubu- que Board of Realtors, presented the "Citizen of the Year Award" to Daniel K. Dittemore, Community Develop- ment Director. Also read were letters from Art Hansen, Pres. of A.Y. McDonald Mfg. Co. and R.C, Wahlert, Pres. of FDL Foods, Inc. concurring with the presentation of the award. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider providing for tax exe~nption for new construction for A.Y. McDonald Mfg. Co., presented and read. There were no written objections received. Council Member Deich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Klauer, Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich~ Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. A1 Polsean and Tilden Polsean ques- tioned specifics of the exemption. Roy Sherman of the A.Y. McDonald Mfg. Co. clarified the future plans of the company. Council Member Beurskens moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Klauer. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfcidt. Nays--None. ORDINANCE NO. 60-82 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR PRIOR APPROVAL OF TAX EXEMPTION FOR NEW CON- STRUCTION OF A.Y. McDONALD MFG. CO., said Ordinance having been presented and read at the Council Meeting of Dec. 13, 1982, presented for final adoption. ORDINANCE NO. 60-82 AN ORDINANCE OF THE CITY OF DUBUQUE, iOWA PROVIDING FOR pRIOR APPROVAL OF TAX EXEMPTION FOR NEW CON- STRUCTION OF A. Y McDONALD MFG. CO WHEREAS, }he A.Y, McDonald Mfg CO, an Iowc~ corporo]ion wHh Hs prin. Special Session December 20, 1982 441 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Ordinance to eliminate from the Code of Ordinances provision for the City to process applications for agricultural land credits, 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. 61-82 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 35-11 THEREOF, WHICH PROVIDED FOR PARTIAL EXEMPTION FOR AGRICULTURAL LANDS, 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- bets 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 ineetings 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. 61-82 AN ORDINANCE AMENDING THE CODE Of ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 35 11 THEREOF, WHICH PROVIDED FOR PARTIAL EXEMPTION FOR AGRI CULTURAL LANDS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OE THE CITY OF OUBUQUE, IOWA: Seclion 1. That the Code of Ordi nonces at the City of Dubuque, iowa be amended bv repealing Section 35 I1 thereof. Passed, approved and adopted this 20th dav of December, 1982. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officicdlv in the Telegraph Herald newspaper this 27th day o! December, 1982. Mary A. Oovis 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, Kluesner, Kronfeldt. Nays--None. Communication of City Manager submitting Resolution approving Sup- plement No. 15 to the Code of Or- dinances, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner. Kronfeldt. Nays--None. RESOLUTION NO. 328-82 Adopting Supplement Number 15 to the Code of Ordinances of the City of Dubuque, Iowa WHEREAS. under date of November 16, 1981, the City Council, pursuant to Ordinance 63-81. readopted the Code of Ordinances of the City of Dubuque for ordinances adopted up to and including March 10, 1981; and WHEREAS. since March 10, 1981, the City Council of Dubuque, Iowa, has adopted certain ordinances amen- ding the Code df Ordinances and said plements to the Code of Oedinances; 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, 442 Special Session, December 20, 1982 IOWA: Section L That Supplement No. 15 to the Code of Ordinance of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa, up to and through September 13, 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 20th day of December, 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. 329-82 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Mary Leu Kamp 400 Central Passed, adopted and approved this 20th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel Klauer. Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 330-82 WHEREAS, Applictions 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 Clarke College 1550 Clarke Dr. CLASS "C" BEER PERMIT Mary Ann Wagner 2600 Dodge (Also Sunday Sales) Passed. adopted and approved this 20th day of December, 1982. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klauer, Kluesner, Kronfeldt. Nays--None. RESOLUTION NO. 331-82 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C' (COMMERCIAL) BEER AND LIQUOR LICENSE Angelina Bertolini 1298 Main (Also Sunday Sales) David H. Hoffman 450 W. Locust The Moracco, Inc. 1413 Rockdale MiNa Inc. 2620 University David A. Ungs 2987 Jackson (Also Sunday Sales) Mary Leu Kemp 400 Central Passed, adopted and approved this 20th day of December 1982. III SpecialSessio~ · James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Klauer. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Printed Council Proceedings for month of September, 1982, presented and read. Council Member Klauer moved that the proceedings be approved as amended. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kiuesner, Kronfeldt. Nays--None. MINUTES SUBMITTED: Cable Regulatory Comm. of 12-8; Cable TeleProgrammlng Comm. of 12-7; Park and Recreation Comm, of 10-30, 11-1 (all unapproved); Transit Bd. sub- mitring Earnings Statement Statistics report for November, 1982; Five Flags Comm. of 12-13 (unapproved), presented and read. Council Member Klauer moved that the minutes be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem~ bers Beurskens, Deich, Hummel, Klauer, Khiesner, Kronfeldt, Nays--None. Communication of City Manager submitting monthly reports of Finance Director and City Treasurer for month of November. 1982, presented and read. Council Member Klauer moved that the communication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Khiesner, Kronfeldt. Nays--None. CommunicatiSn of R. Thomas Quick submitting resignation from Transit Bd. effective JanuarY 15, 1983; Louise Waller resigning from Five Flags Com- mission effective in the middle of December, 1982, presented and read. December 20,1982 443 Council Member Klauer moved that the communications be received and filed and resignations accepted with regret. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Proof of publication, certified to by the Publisher, on intent to file a re- quest for release of Calendar Year 1983 Block Grant Funds, 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, Deich, Hummel, Klauer; Kluesner, Kronfeldt. Nays--None. NOTICES OF CLAIMS AND SUITS: Elmer Fink, in amount of $1,444.90 for backed-up sewer damages; Edward Matous in amount of $1,467.99 for property damages; Thomas J, and Brigite E. O'Mara, in unknown amount for personal injuries; Joyce Thul, in unknown amount for personal injuries; Louis H. Pfohl, Trustee under the last will and testa- ment of Margaret Pfohl, vs. City of Dubuque submitting petition /for declaratory judgement, decree and other relief on three counts, presente~ and read. Council Member Klauer moved that the claims and suits be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Beurskens. Carried by the foliowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Communication of Corporation Counsel recon~mending denial of per- sonal injury claim of Mrs. Helen M. Thielen, presented and read. Council Member Klauer moved that the communication be received and filed and denial approved. Seconded by Council Member Beurskens. Carried by the following Vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Klauer, Khiesner. Kronfeldt. Nays--None. Petition of Joseph S. Casanova 444 Special Session December 20, 1982 objecting to raising of the price for Basic TV, presented and read. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas~-Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. Petition of Tina Kempthorne objec- ting to rate reduction that Inland Molasses Co. receives, presented and read. Council Member Klauer moved that the petition be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel Klauer, Kluesner, Kronfeldt. Nays--None. Petitions of Jane F. Pfohl et al (61 signers), Shirley Waldschmitt, Rich Carr, Peter Schenck, Robert Roethig, Maggie George and Nellie Post, re- questing adequate funding be given to Human Rights Commission, presented and read. Council Member Klauer moved that the petition be received and filed and referred to the Budget. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel Klauer, Khiesner, Kronfeldt. Nays--None. Mr. Kelly, Pres. of Hazel Greet Village (Wis.) stated that their township concurred with the naming of the new bridge, the Tri-State Veterans' Memorial Bridge, and re- quested that same be forwarded to the Iowa and Wisconsin DOT. 7:59 P.M.- Council Member Klauer moved to go into Closed Session to discuss strategy with Council on mat- ters that are presently in litigation. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich. Hummel, Klauer, Kluesner, Kronfeldt. Nays--None. 8:15 P.M.-Councll reconvened. Mayor Brady announced directions were given to Corporation Counsel on pending litigation. There being no further business, Council Member Beurskens moved that the meeting be adjourned. Seconded by Council Member Klauer. Carried by the fo]lowing vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hummel, Klauer, Khiesner, Kronfeldt. Nays--None. Mary A. Davis City Clerk Approved 1983 Adopted _1983 Mayor CoundlMembers ATTEST: City Clerk