1987 September Council ProceedingsSession,
CITY COUNCIL
OFFICIAL
Regular Session, September 8, 1987
Council Met at 7:30 p,m., in the Publlc
Library Auditorium.
Present: Mayor Brady, Council Mem-
bers Delch, Kluesner, Krleg. Kronfaldt,
Simon, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Lindahl. Absent: Council Member
Manning.
Mayor Brady read the call and stated
this is the REGULAR SESSION of the
City Council called for the purpose to act
upon such business which may proper-
ly come before the Council
INVOCATION was given by Pastor
Dwight Vogel of St. Luke's United
Methodist Church.
PROCLAMATIONS: September 8, 1987
as: "Adult Literacy Day" received by
Mary Strom; September 17th through
23rd as "Constitution Week."
Proof of publicatlor~ certified to by the
Publisher, on Notice of Publlc Hearing
to rezone property located south of the
Cedar Cross Read Bridge and east of
Cedar Cross Road from AG Agricultural
District to CS Commercial Service and
Wholesale District, presented and read,
Council Member Kluesner moved to
suspend the rules to allow anyone pre-
sent to address the Council Seconded by
Council Member Simon. Carried by the
fallowing vote: Yeas--Mayor Brady,
Council Members Deich, Rlueaner,
Krieg, Kronfeldt, Simon. Nays--Non~
Absent--Council Member Manning.
There were no written objections
received and no oral objectors present at
the time of the Hearing. Council Mem-
ber Simon moved that the proof of
publication be received and filed.
Seconded by Council Member Kronfaldt,
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
1987 368
ORDINANCE NO. 57-87
AN ORDINANCE AMENDING ZON-
ING ORDINANCE AND MAP OF
THE CITY BY RECLASSIFYING
pROPERTY SOUTH OF THE CEDAR
CROSS ROAD BRIDGE AND EAST
OF CEDAR CROSS ROAD FROM AG
AGRICULTURAL DISTRICT TO CS
COMMERCIAL SERVICE AND
WHOLESALE DISTRICT, s~fid Or-
dinance having been presented and read
at ;he Council Meeting of August 17,
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 57-87
AN ORDINANCE OF TYIE CITY OF
DUBUQUE, IOWA, PROVIDING
~HAT THE CODE OF ORDINANCES~
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", BY RECLASSI-
HEREINAFTER DESCRIB-
ED pROPERTY SOUTH OF THE
CEDAR CROSS ROAD BRIDGE AND
EAST OF CEDAR CROSS ROAD
FROM AG AGRICULTURAL DIS-
TRICT TO CS COMMERCIAL SER-
VICE AND WHOLESALE DISTRICT.
NOW, THEREFORE, BE IT OR-
~ BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be mnend-
ed by revising Appendix A thereof, also
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa", to reclassify hereinafter describ-
ed property from "AG Agricultural
District" to "CS Conm~ercial Service and
Wholesale District", to wit:
Lot i of Lot I of Mineral Lot 211A,
Lot 1 of Lot 2 of Mineral Lot 231 and
to the center line of the adjoining public
right of way, all in the City of Dubuque,
Section 2. That the foregoing amend-
ment has heretofore been approved by
the planning and Zonh~g Commission of
the City of Dubuque, Iowa.
369
Regular Session, September 8, 1987
Passed, approved and adopted this 8th
day of September, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 14th day of
September, 1987.
Mary A. Davis
City Clerk
It 9/14
Council Member Simon moved final
adoption of the Ordinance. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Simon. Nays--None. Absent-
Council Member Manning,
proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider reclassifying property
located north of U.S. 20 and East of
McDonald Drive from AG Agricultural
District to C-3 General Commercial
District, presented and read. There were
no written objections received and no
oral objectors present at the time of the
Hearing.
Council Member Simon moved that
the proof of publication be received and
filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich. Khiesner, Krieg, Kronfeldi
Simon. Nays--Nons Absent--Council
Member Manning.
ORDINANCE NO. 58-87
AN ORDINANCE AMENDING ZON-
ING ORDINANCE AND MAP OF
THE CITY BY RECLASSIFYING
PROPERTY LOCATED NORTH OF
U.S. HIGHWAY 20 AND EAST OF
McDONALD DRIVE FROM AG
AGRICULTURAL DISTRICT TO C-3
GENERAL COMMERCIAL DIS-
TRICT, said Ordinance having been pre-
sented and read at the Council Meeting
of August 17, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 58-87
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
~MENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
I'HE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", BY RECLASSI-
FYING HEREINAFTER DESCRIB-
ED PROPERTY NORTH OF ,U.S.
HIGHWAY 20 AND EAST OF
McDONALD DRIVE FROM AG
AGRICULTURAL DISTRICT TO C-3
GENERAL COMMERCIAL DIS-
TRICT.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuqu~ Iowa, be amend-
ed by revising Appendix A thereof, also
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa", by reclassifying hereinafter
described property from "AG Agricul-
tural District" to C-3 General Commer-
cial District". to wit:
Lot 1 of Lot 1 of Lot 1 of Lot 3 in
the Northeast ¼ of Southwest ~A, that
portion of Lot 1 of the Southwest ¼ of
the Northeast ¥4 located west of flood-
way fringe overlay district, Lot 2 of Lot
1 of Lot 3 in the Northeast 1/4 of the
Southwest ¼, allin Tewnshlp 89 North,
Range 2 East; that portion of Lot 1 of
Mineral Lot 292 located west of the
floodway fringe overlay district, and the
adjoining public right-of-way to the
center line thereof, all in the City of
Dubuque, lows.
Section 2. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Cormvission of
the City of Dubuque, Iowa.
Passed, approved and adopted tiffs 8th
day of September, 1987.
James E. Brady
Mayor
ATTES'I!
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald Newspaper this 14th day of
September, 1987.
Regular Session,
It 9/14
Mary A. Davis
City Clerk
Council Member Simon moved final
adoption of the Ordinance. Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Kronfeldt, Simon. Nays--None.
Absent--Council Member Manning.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider disposing of City's interest
in property known as Lot lA of City Lot
673 to Dennis M. Ryan in the amount
of $200 plus filing and publication fees,
presented and read. There were no writ-
ten objections received and no oral ob-
jectors present at the time of the
Hearing.
Council Member Kluesner moved that
the proof of publication be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Kronfeldt,
Simon. Nays--None. Absent--Council
Member Manning.
ORDINANCE NO. 59-87
AN ORDINANCE VACATING A POR-
TION OF MAIN STREET AT ITS
INTERSECTION WITH MADISON
STREET, said Ordinance having been
presented and read at the Council
Meeting of August 17. 1987, presented
for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 59-87
ORDINANCE VACATING A PO~
T~ON OF MAIN STREET AT ITS
INTERSECTION WITH MADISON
STREET
WHEREAS, Dennis M. Ryan has re-
quested the vacating of a portion of
Main Street at its intersection with
Madison Street in the City of Dubuque,
Iowa; and
WHEREAS, IIW Associates, P.C.,
Dubuque, Iowa has prepared and sub-
mitted to the City Council a plat show-
ing the vacated portion of Main Street
September 8, 1987 370
and assigned a lot number thereof, which
hereinafter be known and described as
"Lot lA of City Lot 673" in the City of
Dubuque, Dubuque County, Iowa; and
WHEREAS, the City Council of the
City of Dubuqu~ Iowa has determined
that this portion of Main Street is no
longer required for public use and
vacating of said portion of Main Street
known as Lot lA of City Lot 673 in the
City of Dubuque~ Dubuque County, Iowa
should be approved.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate describ-
ed as Lot lA of City Lot 673 in the City
of Dubuque, Iowa, be and the same is
hereby vacated.
Section 2. That the City reserves un-
to itself a perpetual easement including
the right of ingress and egress thereto,
for the purpose of reconstructing, repair-
lng, modifying, owning, operating, and
maintaining water, sewer, drainage, gas,
telephone, t.v. cable and electric lines as
may be currently authorized by the City
of Dubuque, Iowa.
Passed, approved and adopted this 8th
day of September, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald this 15th day of September. 1987.
Mary A. Davis
City Clerk
it 9/15
Council Member Kluesner moved final
adoption of the Ordinance~ Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kincsner,
Kriog, Kronfeldt, Simon. Nays--None.
Absent--Council Member Manning.
RESOLUTION NO. 255-87
WHEREAS, pursuant to resolution
and published notice of time and place
of bern'lng, published in the Telegraph-
371 Regular Session, September 8, 1987
Herald, a newspaper of general circula-
tion published in the City of Dubuque,
Iowa on the 21st day of August, 1987,
the City Council of the City of Dubuque,
Iowa met on the 9th day of September,
1987, at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the
proposal for the sale of real estate
described as
Lot lA of City Lot 673 in the City
of Dubuque, Iowa to Dennis M. Ryan;
and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to the
proposal to dispose of interest of the City
of Dubuque, Iowa in the hereinabove
described real estate to Dennis M. Ryan.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of the in-
terest of the City of Dubuque, Dubuque
County, Iowa in real property described
as Lot lA of City Lot 673 in the City of
Dubuque, Dubuque County, Iowa to
Dennis M. Ryan be and the same is
hereby approved for the sum of T~o
Hundred Dollars ($200.00) plus cost of
publication and filing fees; conveyance
shall be by Quit Claim Deed.
Section 2. That the Mayor be authoriz-
ed and directed to execute a Quit Claim
Deed, and the City Clerk be and is
hereby directed and authorized to deliver
said deed of conveyance to the above
named grantee upon receipt of the pur-
chase price in full.
Section 3. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this Resolution
in the office of the City Assessor,
Dubuque County Recorder and 'the
Dubuque County Treasurer.
Passed, approved and adopted this 8th
day of September, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the ResoluUmn. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krleg, Kronfeldt, Simon. Nays--None.
Absent--Council Member Manning.
Communication of City Manager re-
questing a Public Hearing be set to lease
66,000 square feet of property on
Chaplain Schmitt Memorial Island to
Dubuque Yacht Basin, Ina, presented
and read.
Council Member Kronfeldt moved
that the communication be received and
filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Kronfeldt,
Simon. Nays--None. Absent--Council
Member Manning.
RESOLUTION NO. 256-87
RESOLUTION OF INTENTION TO
LEASE CITY OWNED PROPERTY
'IlO DUBUQUE YACHT BASIN, INC.
WHEREAS, Dubuque Yacht Basin,
Inc. has its principal place of business
at 630 E. 16th Street, Dubuque, Iowa;
and
WHEREAS, Dubuque Yacht Basin,
Inc. has expressed au interest in leasing
66,000 square feet of property on now
owned by the City of Dubuque; and
WHEREAS, Dubuque Yacht Basin,
Ina will be using this property as a prin-
cipal entrance to 3.47 acres of land
recently leased from the City of Du-
buque on a request of an exercise of an
option on April 1, 1987; and
WHEREAS, Dubuque Yacht Basin,
Inc. plans to utilize the 3.47 acres option
on April 1, 1987 and the 66,000 square
feet under this lease as facilities for the
accommodation of an RV Park; and
WHEREAS, the termination date of
this lease will be concurrent with the
lease agreement between the City of
Dubuque and Dubuque Yacht Basin,
Inc. dated February 5, 1974; and
WHEREAS, proposed lease agree-
ment provides for an annual rental of
Regular Session,
$6,600.00 plus adjustment for cost of liv-
hag and wharfage charges if not collected
under other lease agreements with
Dubuque Yacht Basin, In~
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa proposes to lease, 66,000 square
feet of land as identified under the at-
tached lease agreement and as shown on
Exhibit I, and made a part thereof, for
a period beginning October 15, 1987 and
ending February 5, 2024,
Section 2. That the City reserves to
itself a 20' utility easement as shown on
the Exhibit attached to the lease
agreement.
Section 3. That the City Clerk be and
is bereby authorized and directed to
cause a notice to be published as
prescribed under Section 364.7 Disposal
of Property -- Code of Iowa, 1987 or as
amended.
Passed, approved and adopted this 8th
day of September, 1987.
James E. Brady
Mayor
ATTES~
Mary A; Davis
City Clerk
Council Member Kronfeldt xnoved
adoption of the Resolution, setting this
matter for Public Hearing on September
21, 1987 at 7:30 o'clock p.m. hi the Public
Library Auditorium and that the City
Clerk publish notice in the manner
prescribed by law. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote: Yeas--Mayor Brady, Council
Members Deich, Khiesne~; Krieg, Kron-
feldt, Simon. Nays--None. Absent--
Council Member Manning.
Council Member Simon moved that
they reconsider action taken at the
Meeting of August 17th on adoption of
Ordinance Na 51-87. Seconded by Court-
cfi Member Khiesner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Khiesner,
Krieg, Kronfaldt, Simon. Nays--None.
Absent--Council Member Manning.
September 8, 1987 372
Council Member Simon moved to
delete Section 26-11 of Ordinance No.
51-87. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Khiesner, Krieg, Kronfeldt,
Simon. Nays--None. Absent--Council
Member Manning.
Verbal petition of Council Member
Deich requesting to discuss Ordinance
No. 51-87 which provides for the up-
dating of the criminal sections of the
Code of Ordinances, AND Communica-
tion of Corporation Counsel Lindahl sub-
mitting comments regarding Ordinance
Na 51-87, presented and read.
Council Member Kluesner moved that
they be received and filed and direction
given to Corporation Counsel to come
back with the revision of the Ordinance.
Seconded by Council Member Simon,
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
Communlcatlons of Carlisle Ervin and
Ann Twiggs protesting to passage of
above Ordinance, presented and read.
Council Member Kluesner moved that
the communication be received and fil-
ed. Seconded by Conned Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Kluesner, Krieg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
Communication of City Manager
recommending St. Vincent DePaul be
authorized to construct a Loading Dock
at their facilities located at the intersec-
tion of 18th and Pine Streets, presented
and read.
Council Member Kronfeldt moved
that the commuhicatten be rec~wed and
filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Kronfeldt,
Simon. Nays--None. Absent--Council
Member Manning.
ORDINANCE NO. 60-87
AN ORDINANCE AUTHORIZING
373
Regular Session, September 8, 1987
THE PARTICULAR COUNCIL OF
THE SOCIETY OF ST. VINCENT
DEPAUL TO CONSTRUCT A LOAD-
ING DOCK, presented and mad.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 60-87
AN ORDINANCE AUTHORIZING
PARTICULAR COUNCIL OF THE
SOCIETY OF ST. VINCENT DEPAUL
OF DUBUQUE, IOWA 1351 IOWA,
DUBUQUE, IA 52001 TO CON-
STRUCT A LOADING DOCK --
VARYING LENGTH 16'0" to 19'3" 10
FEET WIDE, 4 FEET HIGH; EAST
SIDE OF BUfLDING SOUTH OF
18TH & PINE.
NOW, THEREFORE, BE IT OR-
DAINED BY THE cTrY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Particular Council of
the Society of St. Vincent DePaul of
Dubuque, Iowa, 1351 Iowa, Dubuque, IA
52001 as owners of the premises known
as Dubuque, Iowa, and legally describ-
ed as Lot 2 of W. 65' of Lot 229, Lot 1
Part of E. 35' of Lot 229, Lot 230, Lot
231 all in E asr Dubuque Addition be and
they are hereby granted tile revocable
permit and authority to construct and
maintain loading dock (See Attached
Drawing) under the terms and condi-
tions set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with all ap-
plicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission herein
granted is expressly conditioned on per-
mittees' agreement to:
a) Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or mainte-
nance of said Loading dock - varying
length 16'0" to 19'3" 10 feet wide, 4 feet
high; east side of building south of 18th
& Pine.
b) Pay on behalf of the City of
Dubuque, all sums wi~ich the City of
Dubuque shall become obligated to pay
by reason of the liability imposed upon
the City of Dubuque for damages of any
kind resulting from the locatior~ installa-
tion, existence, construction or main-
tenance of said loading dock sustained
by any person or persons, caused by ac-
cident or otherwise to defend at its own
expense and on behalf of said City any
claim against the City of Dubuque aris-
ing out of the location, installation, ex-
istence, construction or maintenance of
loading dock and to pay reasonable at-
torney fees therefore; and
c) Indemnify and hold the City of
Dubuque free and harmless from any
and all claims, loss, liabillty and expense
for death and/or injuries to third persons
or damages to property of third persons,
or for damage to cry property of the City
of Dubuque which may occur as a result
of or in connection with the location, in-
stallation, construction, maintenance
and repair of the facility, work or ira-
herein.
Section 4, That the permission herein
granted is expressly conditioned upon
permlttees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their suc-
cessors in interest, as owners of the abut-
ting property, shall within ten (10) days
after receipt of written notice from the
City Manager, so to do, at their own ex-
pense, remove said Loading dock and in
the event of their failure so to do, the
City of Dubuque shall be authorized to
remove said Loading dock at permittees'
expense and dispose of the same, and the
permittee shall have no claim against the
City or its agents for dmuages resulting
removal of said Loading dock.
Section 5. That permittees convenant
and agree that the revocable permit
herein granted does not constitute an ap-
proval of the design, erection, location,
construction, repair or maintenance of
said facility and said permittees hereby
convenant and agree not to assert such
claim or defense ngalnst the City of
Dubuque in the event of claim asserted
for death, personal injuries and/or pro-
perty damage against the permittees
arising out of or in any way connected
Regular Session,
with the location, installation, construc-
tion, design, repair and maintenance or
the facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights here-
under accrue to Particular Council of the
Society of St. Vincent DePaul of Du-
buque, Iowa when this Ordinance has
been adopted by the City Council and
the terms and conditions thereof ac-
cepted by permittees by acceptance en-
dorsed on this Ordinance.
Section 7. That the City Clerk be and
she is authorized and directed to file at
permittees' expense a copy of this Or-
dinance in the office of the Recorder in
and for Dubuque County, Iowa.
Passed, approved and adopted this 8th
day of September, 1987.
James E. Brady
Mayor
ATTESq~
Mary A. Davis
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 60-87
Ti~e undersigned having read and be-
ing familiar with the terms and condi-
tions of Ordinance No. 60-87 hereby, for
themselves, their successors or assigns,
as owners of the abutting property, ac-
cept the same and agree to be bound by
the conditions and agreement therein
contained to be performed by permittees.
Dated: November 19, 1987.
By: _
President or Vice-President
or Property Owner
By: Gene E Sullivan
Secretary
Published officially in the Telegraph
Herald Newspaper this 24th day of
September, 1987.
Mary A. Davis
City Clerk
It
Council Member Kronfeldt moved
that this be considered the first reading
of the Ordinance, and ghat the require-
ment that a proposed Ordinance be con-
sidered and voted on for passage at two
September 8, 1987 374
council meetings prior to the meeting at
which it is to be finally adopted be
suspended and further moved final adop-
tion of the Ordinanca Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor B,ady,
Council Members Daich, Kluesner,
Krieg, Kronfaldt, Simon. Nays--None.
Absent--Council Member Manning.
Communication of City Manager ap-
proving request of Genevieve Thompson
to construct a Decorative Canopy over-
hanging the public right-of-way at the
Oky Doky Store at 250 W. 1st Street,
presented and read.
Council Member Kronfeldt moved
that the commuincation be received and
filed. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dalch, Kluesner, Krieg, Kronfeldt,
Simon. Nays--None. Absent--Council
Member Manning,
ORDINANCE NO. 61-87
AN ORDINANCE AUTHORIZING
GENEVIEVE THOMPSON TO CON-
STRUCT A CANOPY EXTENDING
24" INTO THE RIGHT-OF-WAY OF
FIRST STREET, AT A MINIMUM
HEIGHT OF 8'6" ABOVE THE
SIDEWALK, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 61-87
AN ORDINANCE AUTHORIZING
GENEVIEVE THOMPSON TO CON-
STRUCT A CANOPY EXTENDING
24" INTO THE RIGHT-OF-WAY OF
1ST STREET, AT A MINIMUM
HEIGHT OF 8'6" ABOVE THE
SIDEWALK,
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Genevieve Thompson
as owners of the premises known as 250
West First Street Dubuque, Iowa, and
legally described as City Lot 564 and
City Lot 565 be and they are herehy
granted the revocable permit and
authority to construct and maintain a
canopy, as per the attached building plan
under the terms and conditions set forth
in this Ordinance.
375 Regular Session, September 8, 1987
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permlttees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with ail ap-
plicable state and federal laws and
regulations, and the O~xtinances of the
City of Dubuque.
Section 3. That the permission herein
granted is expressly conditioned on per-
mittees' agreement to:
a) Assume any and all liability for
danmges to persons or property which
may result from the existence, location,
installation, conslruction or mainte-
nance of said canopy.
b) Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to pay
by reason of the liability imposed upon
the City of Dubuque for damages of any
kind resulting from the location, installa-
tion, exlstence~ construction or main-
tenance of said canopy sustained by any
person or persons, caused by accident or
otherwise to defend at its own expense
and on behalf of said City any claim
against the City of Dubuque arising out
of the location, installation, existence,
construction or maintenance of said
canopy and to pay reasonable attorney
fees therefore; and
c) Indemnify and hold the City of
Dubuque free and harmless from any
and ail claims, loss, liability and expense
for death and]or injuries to third persons
or damages to property of third persons,
or for damage to any property of the City
of Dubuque which may occur as a result
of or in connection with the location, in-
stallation, construction, maintenance
and repair of the facility, work or im-
provement permitted herein.
Section 4. That the permission herein
granted is expressly conditioned upon
permittees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their suc-
cessors in interest, as owners of the abut-
ting property, shall within ten (10) days
after receipt of written notice from the
City Manager, so to do, at their own ex-
pense, remove said canopy and in the
event of their failure, so to d~ the City
of Dubuque shall be authorized to
remove said canopy at permittees'
)ense and dispose of the same, and the
permittee shall have no claim against the
City or its agents for damages resulting
from the removal of said canopy.
Section 5. That permittees convenant
and agree that the revocable permit
herein granted does not constitute an ap-
proval of the design, erection, location,
said facility and said permittees hereby
claim or defense against the City of
Dubuque in the event of claim asserted
for death, personal injuries and/or pro-
perty damage against the permittees
arising out of or in any way connected
with the location, installation, construc-
tion, design, repair and maintenance of
the facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights here-
under accrue to Genevieve Thompson
when this Ordinance bas been adopted by
the City Council and the terms and con-
ditions thereof accepted by permittees
by acceptance endorsed on this
Ordinance.
Section 7. That the City Clerk be and
he is authorized and directed to file at
permittees' expense a copy of this
Ordinance in the office of the Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted this 8th
day of September, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 61-87
The undersigned having read and be-
ing familiar with the terms and condi-
tions of Ordinance No. 61-87 hereby, for
themselves, their successors or assigns,
as owners of the abutting property, ac-
cept the stone and agree to be bound by
the conditions and agreements therein
contained to be performed by permittees.
Regular Session,
Dated: 9/9/87
By: Mary Thompson for Genevieve
Thompson
Publisbad officially in the %legraph
Herald newspaper this 14th day of
September, 1987.
It 9/14
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
that this be considered the first reading
of the Ordinance, and that the require-
ment that a proposed Ordinance be con-
sidered and voted on for passage at two
council meetings prior to the meeting at
which it is to be finally adopted be
suspended and further moved final adop-
tion of the Ordinance. Seconded hy
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Kronfaidt, Simon. Nays--None.
Absent--Council Member Manning.
BOARDS AND COMMISSIONS:
Human Rights Commission: One unex-
pired term which will expire 1-1-88 (Term
of M. Devlin). Applicants: James C.
J aycox, Rebecca M. Robbins, First vote:
Mayor Brady voted for Jaycox, Council
Member Daicb voted for Robbins; Coun-
cil Member Kluesner voted for Jaycox;
Council M~mber Krieg voted for Rob-
bins; Council Member Kronfeldt voted
for Robbins; Council Member Manning
--Absent. Council Member Simon voted
for Jaycox. There being no majority vota
a second vote was held: Mayor Brady
voted for Jaycox; Council Member Deich
voted for Rebbins; Council Member
Kluesner voted for Bobbins; Council
Member Krieg voted for Bobbins; Coun-
cil Member Kronfeldt voted for Rebbins;
Council Member Mannlng--Abaent;
Council Member Simon voted for Rob-
bins. Therefore, Rebecca Bobbins was ap-
pointed to fill an unexpired term on the
Human Rights Commission which will
expire 1-1-88.
TV Cable Teleprogramming: 3 - Three
year terms which will expire June 30,
1990 (terms of Corse, Everist & Hove~
man) and 2 Unexpired terms which will
expire 6-30-89. Council Member Kron-
feldt moved that Corse, Everist, and
Hovermau be reappointed to three year
terms which will expire 6-30-90 and Hull
September 8, 1987 376
and Reynolds be appointed to the unex-
pired terms which will expire 6-30-89.
Seconded by Council Member Krieg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesnet; Krieg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
RESOLUTION NO. 257-87
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that the
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Ciga-
rettes and Cigarette Papers within said
City.
Ethel K. Schwartz
Airport Inn 574 E. 16th St.
Pride Service, Inc.
Martin Oil 280 Locust St.
Pride Service, Inc.
Martin Auto Magic 2175 Central Ave.
Ron Pothoff
Miracle Car Wash, Inc.
3199 University Ave.
Passed, approved and adopted this 8th
day of September, 1987,
James E. Brady
Mayor
ATTESq}
Mary A, Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Counail Member Kronfaldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kfuesner,
Krieg, Kronfcldt, Simon. Nays--None.
Absent--Council Member Manning.
RESOLUTION NO. 258-87
WHEREAS, Applications for Beer Pe~
mits have been submitted and filed 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 inspected
and found to comply with the Ordi-
i]77
Regular Session, September 8, 1987
nances of this City and have filed pro-
per bond;
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 applicants a Beer
Permit.
CLASS "B" BEER PERMIT
Holy Trinity Parish 1701 Lincoln
14 Day Permit
(Also Sunday Sales)
CLASS "C" BEER PERMIT
The Lincoln Company
Casey's General Store 4003 Peru Rd.
(Also Sunday Sales)
Iowa Oil Company
Iowa Oil Co. 1387 Dodge St.
(Also Sunday Sales)
Mulgrew Oil Company
Asbury Fastop 3300 Asbury
(Also Sunday Sales)
Passed, approved and adopted tins 8th
day of September, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Kronfeldt, Simon. Nays--Nons
Absent--Council Member Manning.
RESOLUTION NO. 259-87
WHEREAS, Applications for Liquor
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 inspected
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 applicant(s) a Liquor
License.
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Dubuque Motor Hotels, Inc.
Holiday Inn Dubuque 1111 Dodge
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Eagle Point Associates, Inc.
The Tollbridge Inn 2800 Rhomberg
(Also Sunday Sales)
Admiral's Hi-Hat West, Inc.
Admiral's Hi Hat West 253 Main St.
(Also Sunday Sales)
Happy's Place, Inc.
John E Hancock 2323 Rockdale
(Also Sunday Sales)
Dennis John Zirkelbach
Happy Hour 55 Locust St.
(Also Sunday Sales)
Jerry Lee James
Neighbor's Tap 1899 Rockdale
CLASS "E" LIQUOR LICENSE
JFT Ltd.
Oky Doky #1 250 West 1st St.
Passed, approved and adopted this 8th
day of September, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Krleg moved adop-
tion of the Resolution, Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Kronfeldt, Simon. Nays--None.
Absent--Council Member Manning.
Council Member Krieg moved to ap-
prove the requested transfers: The Brew-
ing Ca Beer Permit to Town Clock Plaza
Regular Session,
on Sept. 12th; Nites of the Square Table,
In~ Beer Permit to Third St. Ice Har-
bor on September 12th. Seconded by
Council Member Kronfaldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Delch, Kluesner,
Krieg, Kronfeldt, Simon. Nays--None.
Absent--Council Member Manning.
Printed Council Proceedings for the
month of April, 1987, presented and
read.
Council Member Krieg moved that the
proceedings be approved as printed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
MINUTES SUBMITTED~ Airport
Commission of 8-18; Five Flags Commis-
sion of 8-17; Fourth Street Peninsula
Committee of 842 & 8-26; Housing Cede
of Appeals Bd. of 7-80; Human Rights
Commission of 8-10; Public Library
Board of Trustees of 8-18; presented and
read.
Council Member Krieg moved thai the
minutes be received and filed. Seconded
by Council Member Kronfeldt. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Deich, Klues-
ncr, Krieg, Kronfeint, Simon. Nays--
None. Absent--Council Member
Manning.
fn-Futuro, Inc, Board of Directors of
8-6 and Historic Preservation Comm. of
8-25, presented and read.
Council Member Krieg moved that
these minutes be received and filed. Se-
conded by Council Member Kronfeldt~
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deice
Kluesn~ Krleg, Kronfeldt, Sirnor~ Nays--
None. Absent Council Member Manning.
NOTICES OF CLAIMS/SUITS: An-
drew Makovec in amount of $30.00 for
personal injuries; John and Connie Noel
on behalf of son Timothy in amount of
$108 for personal injuries; Alfred
Rehfeldt in mnount of $132.52 for per-
sonal injuries; Fred Rheanlt in amount
of $112.36 for car damages; Jeffrey
Sedam in unknown amount for car
damages, presented and read.
September 8, 1987
378
Council Member Krieg moved that the
claim and suits be referred to the Legal
Staff for investigation and report.
Seconded by Coundfl Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfeldt, Simon,
Nays--None. Absent--Council Member
Manning.
Communication of Sharon Schneider
submitting her resignation from the
Cable Regulatory Commission and
Susan Connell-Magee resigning from
Historic Preservation Commission,
presented and read.
Council Member Krieg moved that the
communications be received and filed
and accepted with regret. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Kronfaldt, Simon. Nays--None.
Absent--Council Member Manning.
Proof of publication, certified to by the
Publisher, on a Notice of Finding of No
Significant Effect on the Environment
for the Carlisle Communications, Ltd.
Project, presented and read.
Council Member Krieg moved that the
proof of publication be received and fil-
ed. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Meyor Brady, Council Members
Deich, Kluesnm; Krieg, Kronfeldt,
Simon. Nays--None. Absent--Council
Member Manning.
Communication of Corporation
Counsel Lindahl advising of closure of
Culbertson vs. City of Dubuque suit,
presented and read.
Council Member Krieg moved that the
communication be received and filed and
approved closure, Seconded by Council
Member Kronfeldt: Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Kronfeldt, Simon. Nays--None.
Absent--Council Member Manning.
Communication of Charles McDer-
mott, owner of Tri-State Implement Co.
requesting the vacation and purchase in
Cedar Cross Road area, presented and
read.
379 Regular Session
C oundfl Member Krieg moved that the
petition be referred to the City Manager.
Seconded by Council Member Kronfaldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch
Kluesner, Krieg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
Co~nmunication of Planning and Zon-
ing Commission approving final plat of
Sub. of Lot 2 of Dubuque Industrial
Center at 6th Addition located west of
Chavenelle Read in the Dubuque In-
dustrial Center, presented and read,
Council Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich
Kluesner, Krieg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
RESOLUTION NO. 260-87
A RESOLUTION APPROVING THE
FINAL PLAT OF THE
SUBDIVISION OF LOT 2 OF
DUBUQUE INDUSTRIAL CENTER
6TH ADDITION IN THE CITY
OF DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of the Subdivi-
sion of Lot 2 of Dubuque Industrial
Center 6th Addition in the City of
Dubuque, Iowa;
WHEREAS, said final plat has been
examined by the City Planning and Zon-
ing Commission and had its approval en-
dorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council, and the
City Council finds that the same con-
forms to statutes and ordinances
relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of the
Subdivision of Dubuque Industrial
Center 6th Addition in the City of
Dubuque, Iowa be and the same is
hereby approved, and the Mayor and
;eptember 8, 1987
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said final
plat.
Passed, approved and adopted this 8th
day of Septembel; 1987.
James E. Brady
Mayor
ATTESt fi
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Delch, Kluesner,
Krieg, Kronfaldt. Simon. Nays--None.
Absent--Council Member Manning.
REFUNDS REQUESTED: Hoffman
House, $100 on unused Cigarette
License, presented and read.
Council Member Krieg moved that the
refund be approved and directed Finance
Director to issue the proper check.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kfuesner, Krieg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
Proof of publication, certified to by the
Publisher, on List of Claims for the
month of July, 1987, presented and read.
Council Member Krleg moved that the
proof of publication be received and fil-
ed. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kfuesne~; Krieg, Kronfeldt,
Simon. Nays--None. Absent--Council
Member Manning.
Communication of City Manager
recommending acceptance of Asphalt
Resur fucing of U.S. #20 (Dodge St.) from
Grandview Ava to Bluff St., presented
and read.
Council Member Krieg moved that the
communication be received and filed.
Seconded by Coundfl Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Regular Session, September 8, 1987
38O
Khiesner, Krieg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 2614~7
WHEREAS, the contract for the
Asphalt Resurfacing of U.S. #20 (Dodge
Street) from Grandview Avenue to 165'
West of Bluff Street ha~ been completed
and the City Manager has examined the
work and filed his certificate stating that
the same has beea completed according
to the terms of the contract, plans and
specifications and recommends its
acceptance,
NOW, THEREFORE, BE IT RE-
SOLVED by the City Coundfl of the City
of Dubuque, Iowa, that the recommen-
dation of the City Manager be approv-
ed and that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City T~easurer be and he is hereby
directed to pay to tim contractor from
the General Obligation Bonds and the
Street Construction Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, approved and adopted this 8th
day of Sep~mber, 1987.
James E. Brady
Mayor
ATTESt.
Mary A. Davis
City Clerk
Council Member Krleg moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the fullowhig vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Kronfeldt, Simon. Nays--None.
Absent--Council Member Manning.
FINAL ESTIMATE
RESOLUTION NO. 262-87
WHEREAS, the contract for the
Asphalt Resurfacing of U.S. #20 (Dodge
Street) from Grandview Avenue to 165'
West of Bluff Street has been completed
and the City Engineer has submitted his
final estimate showing the cost thereof
including the cost of estimates, notices
and inspection of all miscellaneous costs;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said im-
provement is hereby determined to be
$342,499.79 and that said amount shall
be paid from the General Obligation
Bonds mad the Street Construction Fund
of the City of Dubuque, Iowa.
Passed, approved and adopted this 8th
day of September, 1987.
James E. Brady
Mayor
ATTESq~
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resohition. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Kronfeldt, Simon. Nays--None.
Absent--Council Member Manning.
Communication of City Manager
responding to a March 8, 1987 petition
from Mr. Harold McMahon with regard
to the Finley Hospital entrance at 300
N. Grandview, presented and read.
Council Member Krieg moved that the
communication be received and filed.
Seconded by Coundd Member Kronfehit.
Carried by the falIowhig vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krleg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
Communication of Corporation
Counsel Lindabl recommending closure
of following claims: Personal injury of
Alfrleda Miersen; Car damage of E dwlna
Albright; Car D~mage of Michael
Frelhoffer; Sewer back-up of Mary Lou
Mauss; Personal injury of Patricia Beyer;
Personal injury of Andrew Makovec,
AND Communication of Corporation
Counsel Lindahl recommending denial of
car damage claim of LaVerne Stroh-
meyer, presented and read.
Council Member Exieg moved that the
communications be received and filed
381 Regular Session, September 8, 1987
and approved recommendations. Second-
ed by Council Member Kronfaldt. Car-
ried by the following vote: Yeas -Mayor
Brady, Council Members Deich, Klues-
ncr, Krieg, Kronfaldt, Simon. Nays--
None. Absent--Council Member Man-
ning.
Communication of City Manager
outlining City's position relative to
scheduling of construction for relocated
Highway #61, presented and read.
Council Member Krieg moved that the
communication be received and filed.
Seconded by CounCil Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesnel; Krieg, Kronfaldt, Simon,
Nays--None. Absent--Council Member
Manning.
RESOLUTION NO. 263-87
RESOLUTION RECOMMENDING
TO THE IOWA DEPARTMENT
OF TRANSPORTATION
CONSTRUCTION AND FUNDING
SCHEDULE FOR RELOCATED 61.
FISCAL YEAR 1988-1993.
WHEREAS, Iowa Department of
Transportation is soliciting ideas for
development of their five year Transpor-
tetion Improvement Program For Fiscal
Years 1988-1993; and
WHEREAS, construction of Relo-
cated 61 is a high priority transportation
item for the City of Dubuque; and
WHEREAS, additional funds have
been earmarked for this project since
preparation of the State Transportation
Improvement Plan for Fiscal Years
19874992, these funds being, namely,
$20 million of bridge replacement funds
to be used for the completion of the
Iowa/Wisconsfu Bridge, $20 million
dollars of demonstration money for'im-
provement of Route 61 from DeWitt to
the river in Dubuque and $12 million
dollars of discretionary funds for im-
prevement of Highway 61 from DeWitt
to the river in Dubuque; and
WHEREAS, a delegation represen-
ting United States Congressman,
Thomas Tauke, State Representative
Mike CQnnolly, Mayor James Brady,
Chamber of Commerce representatives
and the City staff made a presentation
to the Iowa Department of Transporta-
tion Commissioners on July 6, 1987; and
WHEREAS, this delegation outlined
the additional funding that was available
for the Relocated 61 project and sug-
gested a revised construction and expen-
diture schedule from that identified in
the Transportation Improvement Pro-
gram of fiscal year 198%1992 (copies of
letter and exhibits attached to this
resofution and made a part hereto).
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Iowa Department
of Transportation Commissioners en-
dorse the City's recommendation in its
Transportation Improvement Program
in Fiscal Years 1988-1993 for construc-
tion and funding of the Relocated 61
project.
Section 2. That the Mayor be authoriz-
ed and directed to sign a copy of this
resolution.
Section 3. That an executed copy of
the resolution and supporting data be
submitted to tile Iowa Department of
Transportation Commissioners for incor-
potation into their planning process for
1988-1993 Transportation Improvement
Program.
Passed, approved and adopted this 8th
day of September, 1987.
James E. Brady
Mayor
ATTESq~
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kfuesner,
Krieg, Kronfeldt, Simon. Nays--None.
Absent--Council Member Manning.
Communication of City Manager sub-
mitring the Annual Street Finance
Report, presented and read.
Regular Session
Council Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfeldt, Simon.
Nays--None. Absent--Council Member
Manning.
RESOLUTION NO. 2~-~
RESOLUTION APPROVING CITY
OF DUBUQUE FISCAL YEAR 1987
STREET FINANCE REPORT
BE IT RESOLVED, BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the Street Finance
Report, for the period July 1, 1986 to
June 30, 1987 be and the same is hereby
approved, m~d that the City Clerk is
hereby authorized and directed to file
said report with the Iowa Department
o£ Transportation, on or before Sep-
tember 10, 1987.
Passed, approved and adopted this 8th
day of September, 1987.
James E. Brady
Mayor
ATTES'P.
Mary A, Davis
City Clerk
Council Member Kreig moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the fullowing vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner
Krieg, Kronfeldt, Simon. Nays--None.
Absent--Council Member Manning.
Them being no further business, Coun-
cil Member Kronfeldt moved to adjourn
the meeting. Seconded by Council
Member Simon. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Kron-
feldt, Simon. Nays--None. Absent--
Council Member Manning. Meeting ad-
journed at 8:23 RM.
Mary A. Davis
City Clerk
Approved 1988
September 8, 1987
Ad.ted
Mayor
Council Members
ATTES~
City Clerk
382
1988
383
Regular Session, SE ~tember 21, 1987
CITY COUNCIL
OFFICIAL
Regular Session, September 21, 1987.
Council Met at 7:30 o'clock EM. in the
Public Library Auditorium.
Present: Mayor Brady, Council Mem-
bers De/ch, Kluesner, Krieg, Manning,
Simon, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Lindahl. Absent--Council Member
Kronfeldt.
Mayor Brady read the call and stated
this session is the REGULAR MONTH-
LY MEETING of the City Council call-
ed for the purpose to act upon such
business which may properly come
before the Council.
Invocation was given by Rev. Paul
Knupp of Summit Congregational
Church,
PROCLAMATIONS: September 18 as
"MIA/POW DAY"; September 20-26 as
"Emergency Medical Services Week";
September 27 as "Masonic Temple
Awareness Day" received by Jack
Smaltzer; October 4-10 as "Mental Ill-
ness Awareness Week"; October 31st as
"Halloween Trick or Treat Night";
November 1-7 as "Women of Achieve-
ment Week" received by Pat Beck.
Proof of publication, certified to by the
Publisher, on Notice of Bond Sale to be
held at 1:00 p.m. on September 21, 1987,
in the amount of $300,000 for Street Im-
provement Bonds, presented and read.
Council Member Kluesner moved to
suspend the rules to allow anyone pre-
sent to address the Council if they so
desire. Seconded by Council Member
Krleg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
De/ch, Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
There were no written objections
received and no oral objectors present at
the time of the Hearing. Council
Member Kluesner moved that the proof
of publication be received and filed.
Seconded by Council Member Krieg.
Uarried by the following vote: Yeas--
Mayor Brady, Council Members De/ch,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
RESOLUTION NO. 265-87
RESOLUTION DIRECTING SALE
OF $300,000 STREET
IMPROVEMENT BONDS
WHEREAS, pursuant to notice as re-
quired by law, bids have been received
at public sale for the bonds described as
follows and the best bid received is deter-
mined to be the following:
$300,000 Street Improvement Bonds:
R.G. Dickinson and Bidder: Allied
Securities of Des Moines, IA the terms
of said bid being: Total Purchase Price
$300,000. qbtai Net interest cost --
$108,300. Average net interest rate --
1.600%.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the bid for the bonds
as above set out is hereby determined to
be the best and most favorable bid
received and, said bonds are hereby
~warded based on said bid.
Section 2. That the statement of infoo
mat/on for bond bidders and the form of
contract for the sale of said bonds are
hereby approved and the Mayor and
Clerk are authorized to execute the same
on behalf of the City.
Section 3. That the notices of the sale
of the bonds heretofore given and all acts
of the Clerk done in furtherance of the
sale of said bonds are hereby ratified and
approved.
Passed, approved and adopted this
21st day of September, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Regular Session September 21, 1987 384
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members De/ch, Kluesner
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing,
to consider Leasing 66,000 square feet
of property to Dubuque Yacht Basin
Inc. located on Chaplain Schmltt
Memorial Island, AND a RESOLU-
TION Approving the Lease with Du-
buque Yacht Basin, .I.nc, presented and
Council Member Krieg moved that the
proof of publication and Resolution be
received and filed and referred to Staff.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Couneil Member
Kronfaldt.
Communication of Planning and Zon-
ing Commission advising of their ap-
proval to rezone property at 2234 and
2236 Central from R-2A to C-4 as re-
quested by Bruce Heltz, presented and
read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded-by Council Member
Khiesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
De/ch, Khiesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfaldt.
An ORDINANCE Amending Zoning
Ordinance and Zoning Map by reclass-
ifying property at 2234 and 2236 Cen-
tral Ave. from R-2A Alternate q~vo Fam-
ily Residential District to C-4 Downtown
Commercial District, presented and read.
Council Member Simon moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
and voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance
on the 5th day of October, 1987 at 7:30
o'clock p.m. in the Public Library
Auditorium and the City Clerk is to
publish notice in the manner prescribed
by law. Seconded by Council Member
Kinesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
De/ch, Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
Communication of City Manager
responding to correspondence received
relative to water pressure and water
supply to Buena Vista Subdivision #1-#5
inclusive, presented and read.
Council Member Kinesner moved that
the communication be received and fil-
ed and approved City's Manager's
recommendation to take no action at this
time. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Council Member De/ch, Kluesner,
Krieg, Manning, Simon. Nays--Mayor
Brady. Absent--Council Member
Kronfeldt.
Attorney Robert Bertsch, for Carl
Burbach, spoke to the communication.
Communiction of City Manager sub-
mitting Resolutions regarding the
The/sen Suppl~ Inc. project, presented
and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member
Khiesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dalch, Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfaldt.
RESOLUTION NO. 266-87
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT.
WHEREAS, the City of Dubuque en-
tered into a Grant Agreement for the
Calendar Year commencing January 1,
1987 with the U.S. Department of Hous-
ing ond Urban Development~ providing for
finand~al assistence to the City under Title
I of the Housing and Community Devel-
opment Act of 1974, as amended; and
385 Regular Session, September 21, 1987
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Urban
Development, an environmental review
has been processed for the hereinafter
described project to be financed with
Community Development Block Grant
funds; and
WHEREAS, an ad hoc Environmen-
tal Review Committee on September 8,
1987 has after due consideration made
a determination that the project is not
a major Federal action significantly al-
fecting the quality of the human
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed to
publish a Notice of Finding of No
Significant Effect on the Environment
for the following identified project, and
to make the Environmental Review
Record for said project available for
public inspection. Such notice shall be
in the form of Exhibit "A" attached
hereto and made a part hereof.
* Theisen Supply, Inc.
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
Resolution at its meeting of October 5
1987 authorizing the submission of a re-
quest to the U.S. Department of Hous-
lng and Community Development to
undertake the project.
Passed, approved and adopted this
21st day of September, 1987.
James E. Brady
Mayor
ATTESq].
Mary A. Davis
City Clerk
Council Member Simon moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Deich, Klues*
ncr, Krieg, Manning, Simon. Nays--
None. Absent--Council Member Kron-
feldt.
RESOLUTION NO. 267-87
A RESOLUTION AUTHORIZING
THE EXECUTION OF A
COMMUNITY DEVELOPMENT
BLOCK GRANT LOAN
AGREEMENT WITH THEISEN
SUPPLY, INC.
WHEREAS, under provisions of Title
I of the Housing and Community
Development Act of 1974, as amended
the City of Dubuque has received Com-
munity Development Block Grant
Funds for the purpose of stimulating
economic development activities within
the community; and
WHEREAS, Theisen Supply, Inc.
wishes to improve the efficiency of its ex-
isting operations through the purchase
a~d installation of a computerized inven-
tory system; and
WHEREAS, the City of Dubuque,
Iowa desires to assist Theisen, Supply,
Inc. in its efforts to enhance and expand
its existing operations; to create perma-
nent employment opportunities for its
citizens; and
WHEREAS, a Loan Agreement is to
be executed by the Theisen Supply, Inc.
and the same hereto attached and by
this reference made a part hereof.
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 Loan Agreement hereto attached,
awarding a fifty thousand dollar
($50,000) loan to Theisen Supply, Inc. ac-
cording to the terms specified therein.
Section 2. That the City Manager be
and he is hereby authorized to disburse
loan funds from the Community Devel-
opment Block Grant entitlement fund,
in accordance with the terms and con-
ditions of Loan Agreement hereto
attached.
Passed, approved and adopted this
21st day of September, 1987.
Regular Session, September 21, 1987
386
James E. Brady
Mayor
ATTESq!
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
Communication o¥ City Manager
recommending authorization of an Ap-
plication for funding of 100 Section 8
Moderate Rehabilitation Units, pre-
sented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
RESOLUTION NO. 268-87
RESOLUTION AUTHORIZING AN
APPLICATION TO THE UNITED
STATES DEPARTMENT OF
HOUSING AND URBAN
DEVELOPMF.NT FOR FUNDING
OF 100 UNITS UNDER THE
SECTION 8 MODERATE
REHABILITATION PROGRAM.
WHEREAS, the City of Dubuque
("City") functions as a public housing
agency authorized by provisions of
Chapter 403A of the Code of Iowa as
amended; and
WHEREAS, the City and the United
States Department of Housing and Ur-
ban Development ("HUD") have approv-
ed a housing assistance plan for 1985-88
which calls for the City to actively pur-
sue applications for housing subsidy
funds with emphasis upon the util~ation
of existing housing stock; and
WHEREAS, HUD has discretionary
funds available for Section 8 Moderate
Rehabilitation Housing units.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council
hereby approves the submission of an ap-
plication to the United States Depart-
ment of Housing and Urban Develop-
ment for funding of 100 units of Section
8 Moderate Rehabilitation Housing.
Section 2. That the City Council
hereby authorizes and directs the Mayor
to sign said application.
Section 3. That the City Manager is
hereby authorized and directed to pre-
pare and submit said application,
Passed, approved and adopted this
21st day of September, 1987.
James E. Brady
Mayor
ATTESq~
Mary A, Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner~
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfaldt.
Communication of Planning and Zon-
ing Com~nission advising of their denial
to rezone property at 2460 J.E Kennedy
Read from R-1 Single Family Residential
District to OR Office Residential
District as requested by Vicki Bechen
and Ruth Hanson, presented and
read.
Council Member Kluesner moved that
the cotnmunication be received and fil-
ed and concur with the denial, Second-
ed by Council Member Sbnon. Vote on
the motion was as follows: Yeas--Council
Member Kluesner. Nays--Mayor Brady,
Council Members Deich, Krieg, Man-
ning, Simon. Absent-Council Member
Kronfeldt. MOTION FAILED.
An ORDINANCE Amending Zoning
Ordinance and Zoning Map by reclassi-
fying property at 2460 John F. Kennedy
Road from P~i Single Fmnily Residential
District to OR Office Residential
District, presented and read.
387 Regular Session, September 21, 1987
Council Member Manning moved that
this be considered the first reading of the
Ordinance and that it be set for Public
Hearing on October 5, 1987 at 7:30 p.m.
in the Public Library Auditorium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Krleg, Man-
ning, Simon. Nays--Council Member
Kluesner. Absent--Council Member
Kronfeldt.
Co~mnunication of City Manager sub-
mitting Ordinance regarding heavy
vehicles from traveling on portions of
Bies Drive, Grandview Ave. and Kelly
Lane, presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member Krieg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
ORDINANCE NO. 62-87
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 25462 PRO-
HIBITING HEAVY VEHICLES ON
CERTAIN STREETS, presented and
(OFFICIAL PUBLICATION)
ORDINANCE NO. 624~7
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 25-162 PRO-
HIBITING HEAVY VEHICLES ON
CERTAIN STREETS.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque~ Iowa, be amend-
ed by repealing Section 25-162 thereof.
Passed, approved and adopted this
21st day of September, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 25th day of
September, 1987.
Mary A. Davis
City Clerk
it 9/25
Council Member Simon moved that
this be considered the first reading of the
Ordinance, and that the requirement
that a proposed Ordinance be considered
and voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council Mem-
ber Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesne~; Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
RESOLUTION NO. 2694~7
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been exmnined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were inspected
and found to comply with the Ordi-
nances of this City and have filed pro-
per bond;
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 applicants a Beer
Permit.
CLASS "B" BEER PERMIT
Pizza Hut Pizza Hut of Dubuque #2
320 E. 20th St.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Robert J. BreRbach
Oky Doky $9 51 W. 32nd St.
(Also Sunday Sales)
Kopple's Market, Inc.
Kopples Grocery 1098 University
(Also Sunday Sales)
Regular Session, September 21, 1987
388
Passed, approved and adopted this
21st day of September 1987.
James E. Brady
Mayor
ATTESq~
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
RESOLUTION NO. 270-87
WHEREAS, Applications for Liquor
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 inspected
and found to comply with the State Law
and all City O~linances 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 nan~ed applicant(s) a Liquor
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Eagle Point Tavern, Ltd.
Windsor Tap 2401 Windsor
(Also Sunday Sales)
Elaine Kelly
Coach House Highway 20 West
Leroy A. Miller
Whitey's Bar-X 2616 Windsor
(Also Sunday Sales)
Angela Mangeno
Hard Times Tavern 1401 Elm St.
(Also Sunday Sales)
Gary Kupferschmldt & Patrick J. Barry
Whiskey River 1064 University
(Also Sunday Sales)
Passed, approved and adopted this
21st day of September, 1987.
James E. Brady
Mayor
ATTESq~
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Kronfeldt, Manning, Si~non.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 9-1, presented and read.
Council Member Maturing moved that
the minutes be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
Civil Service Comm. of 7-23 & 8-27;
Planning & Zoning Comm. of 9-2; Zon-
ing Board of Adjustment of 9-3; Park &
Recreation Comm. of 9-8; Historic
Preservation Comm, of 9-8; Police Retire-
ment Board of 9-11, presented and read.
Council Member Manning moved that
the minutes be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
N(YrICES OF CLAIMS AND SUITS:
Helen C. Mueller in unknown amount for
personal injuries: Dale & Tommy Gansen
hi amount of $395 for backed up sewer
damages, presented and read~
Council Member Marmlng moved that
the claims be referred to the Legal Staff
for investigation and report. Seconded
by Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Manning, Simon, Nays--None.
Absent--Council Member Kronfeldt.
REFUNDS REQUESTED: Oak
Ridge Athletics, Inc. in amount of $150
for unexpired Beer Permit; St. Cohimb-
kille's Church $225 on unexpired Beer
389
Regular Session, S¢ ~tember 21, 1987
Permit, presented and read.
Council Member Manning moved that
the refunds be approved and Finance
Director to issue the proper checks.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kltiesner, Krieg, Manning, Simon.
Nays--Nane. Absent--Council Member
Kronfaldt.
United States DOT giving 90 Day
notice of Air Wisconsin, Inc. of intent to
suspend service between Waterloo and
Chicago and Dubuque and Chicago,
presented and read.
Council Member Manning moved that
the Notice be received and filed. Second-
ed by Council Member Kluesner. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
September 14, 1987
Honorable Mayor and Members
of the City Council
In accordance with the provisions of
Chapter 400 of the 1987 Code of Iowa. the
Civil Service Commission conducted Pro-
motional Examinations on August 20,
1987 for the position of Fire Equipment
Operator within the Fire Department.
The following members of the Fire
Department have successfully passed
the written promotional examination.
FIRE EQUIPMENT OPERATOR
James Imhoff
Michael G. Knowles
Garry J. Arensdorf
All promotions within the Fire Depart-
ment for the position should be made
trom the above list.
Respectively submitted
Robert M. Miller
Chairperson
Pat Dillon
Gerald Koppes
Civil Service Comnfission
ATTES~
Mary A. Davis
Secretary
Council Member Manning moved that
this communication be received and fil-
ed and resolved to make it a mattor of
record. Seconded by Council Member
Khiesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
Communication of Corporation Coun-
sel recommending denial of personal in-
jury cinim of Aetna Casualty as Sub-
rogee for Thermo Khig, presented and
read.
Council Member Manning moved that
the communication be received and fil-
ed and denial approved. Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Manning, Simon, Nays--None.
Absent--Council Member Kronfeldt.
Communication of Planning and Zon-
ing Commission approving final plat of
the Subdivision of Lot 2-1-1-1-1 of
"Henschel's Black Forest" located west
of Richards Road Extension, presented
and read.
Council Member Maiming moved that
the communication be received and fil-
ed. Seconded by Council Member Khies-
nm; Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Manning, Simon.
Nays--None. Absent-Council Member
Kronfeldt.
RESOLUTION NO. 271-87
A RESOLUTION APPROVING THE
FINAL PLAT OF THE SUB-
DIVISION OF LOT 2 OF LOT I OF
LOT 1 OF LOT 1 OF LOT 1 OF LOT 1
OF "HENSCHEL'S BLACK FOREST"
IN THE CITY OF DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of the Subdivi-
sion of Lot 2 of Lot 1 of Lot 1 of Lot 1
of Lot i of Lot 1 of "Henschel's Black
Forest" in the City of Dubuque, Iowa;
WHEREAS, said final plat has been
examined by the City Planning and Zorn
Regular Session, S~
lng Commission and had its approval en-
dorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council, and the
City Council finds that the same con-
forms to the statutes and ordinmmes
relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the.final plat of the
Subdivision of Lot 2 of Lot i of Lot 1
of Lot 1 of Lot i of Lot 1 of "Henschel's
Black Forest" in the City of Dubuque,
Iowa be and the same is hereby approv-
ed, and the Mayor and City Clerk are
hereby authorized and directed to en-
dorse the approval of the City of Du-
buque, Iowa upon said final plat.
Passed, approved and adopted this
21st day of Septomber, 1987.
James E. Brady
Mayor
ATTESq~.
Mary A, Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kfuesner,
Krieg, Manning, Signori. Nays--None.
Absent--Council Member Kronfaldt.
Communication of City Manager pro-
viding a brief summary of a public
meeting conducted by the City Man-
ager's Office on the proposed Fiscal Year
1989 City Budget, presented and read.
Council Member Manning moved that
the communication be received and ill-
ed. Seconded by Council Member Klues-
her. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deicb, Kinesner, Krieg, Manning, Sin~on.
Nays--None. Absent--Council Member
Kronfeldt.
Comxnunlcation of Corporation
Counsel recommending closure of pe~'
sonai injury claim of Alfred Rehfeldt;
Car damage cinim of Fred Rheanlt and
Personal Injury claim of Helen C.
Muelinr, presented and read.
,tember 21, 1987 390
Council Member Manning moved that
the communication be received and fil-
ed and approved closures, Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kfuesner,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
Communication of City Manager sub-
mitting Adnfinistrative Policy 4.10 en-
titled "Receipt or Solicitation of Gifts by
City Employees" and requesting City
Council approval, presented and read.
Council Member Manning moved that
the communication be received and fil-
ed and approved. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon. Nays--None. Absent--
Council Member Kronfeldt.
There being no further business, Coun-
cil Member Deich moved to adjourn.
Seconded by Council Member Manning.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
Meeting adjourned -- 9:07 PM.
Mary A. Davis
City Clerk
Approved 1988
Adopted 1988
Mayor
Council Members
ATTESq~
City Clerk