1986 April Council ProceedingsMarch 17, 1986
Regular Session
ATTEST:
City Clerk
Regular Session, April 7, 1986
~the following vote:
OFFICIAL
Regular Session, April 7, 1986.
Council Met At 7:30 P.M. Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Simon, City Manager W. Kenneth
Gearhart, Corpora~on Counsel Barry A.
LindahL
Absent: Council Member Kronfeldt.
Absent At Roll Call: Council Member
Manning.
Mayor Brady read the call and stated
that service thereof had been duly made
and this Meeting is the REGULAR
MEETING of the City Council called for
the purpose to act upon such business
which may properly come beIore the
Council.
Council Member Manning entered at
7:32 p.m.
Invocation: Rev. Robert Williams, Ex-
ecutive Director of the Dubuque Rescue
Mission.
PROCLAMATIONS: April 10th as
"Youth Leadership Day" received by
Cathy McMullen; Week of April 6-12 as
National Library Week received by
Elizabeth Minter; Week of April 21-27
as "National Volunteer Week" received
by Sue Houlihan; Recognizing Dubuque
Slammers Basketball Team, received by
Mike Muir.
Council Member Kluesner moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
ning, Simon.
Nays--None.
Absent Council Member Kronfeldt
Proof of publication, certified to by ~he
Publisher, on Notice of Public Hearing
to consider an Ordinance to establish
new provisions for Bed and Breakfast
Homes as a Conditional Use in the
Moderate Density Multi-Family
Residentiol District, presented and read.
There were no written objections receiv-
ed and no oral objectors present. Coun-
cil Member Simon moved that the proof
of publication be received and filed.
Seconded by Council Member Kluesner.
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
ORDINANCE NO. 25-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUUE, IOWA, BE
AMENDED BY REVISING APPEN-
)IX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", BY REPEALING
SECTION 3-1.4D(3) AND ENACTING
A NEW SECTION 3-1.4D(3) IN LIEU
THEREOF TO ESTABLISH NEW
PROVISIONS FOR BED AND
BREAKFAST HOMES AS A CONDI-
TIONAL USE IN THE R-3
MODERATE DENSITY MULTI-
FAMILY RESIDENTIAL DISTRICT:
AND BY ENACTING A DEFINITION
FOR BED AND BREAKFAST HOME
IN SECTION 8 DEFINITIONS, said
Ordinance having been presented at the
Council Meeting of March 17, 1986,
presented for final adoption.
ORDINANCE NO. 25-86
(OFFICIAL PUBLICATION)
ORDINANCE NO. 25-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THF. CTTY OF DDBIJQIJE.
IOWA", BY REPEALING SECTION
3-1.4D(3) AND ENACTING A NEW
SECTION 3-1.4D(3) IN LIEU
THEREOF 'FO ESTABLISI{ NEW
PROVISIONS FOR BED AND
BREAKFAST HOMES AS A CON-
DITIONAL USE IN THE R-3 MOD-
EI-IATE DENSITY MULTI-FAMILY
RESIDENTIAl, DISTRICT: AND
B\ ENACTIN(i A I)EFINITION
FOR BED AND BREAKFAST
HOME IN SECION 8 DEPINI-
TIONS.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OP DUBUQUE,
IOWA:
94 95
Regular Session, April 7, 1986
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by repealing Sec-
tion 3-1.4D(3) tbereof and enacting a
new Section 3-1.4D(3) in lieu thereof
as follows:
SECTION 3-1.4 R-3 MODERATE
DENSITY MULTI-FAMILY RESI-
DENTIAL DISTRICT
D. Conditional Uses: The following
conditional uses are permitted in the
R-3 District, subject to the provisions
of Section 5 of this ordinance and are
minimum requirements for application
to tlie Board of Adjustment for a con-
ditional use permit.
"3) Bed and breakfast homes, pro-
vided that:
a) The use is either located within
an Historic Preservation District or is
hsted on the National Register of His-
toric Places;
b) The use is maintained within an
owner-occupied dwelling;
c) Not more than one sleeping room
for each 7g0 square feet of floor area,
with a maximum of five (5) sleeping
rooms;
d) Signage sliall be limited to one
(1) non-illuminated wall ~noun~ed sign
not to exceed four (4) square feet in
e) Overnight lodging facilities do not
intensify traffic congestion; and
f) The parking group requh'ements
can be met (47)."
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance anti Zoning Map of the City
of Dubuque, Iowa", by enacting a new
definition in Section 8 Definitions
tbereof, as follows:
SECTION 8 DEFINITION
"Bed and Breakfast Home: A private
residence which provides lodging and
meals for overnight guests, in which
no more than live sleeping rooms are
available."
Sectian 3. That the foregoing
amendments have heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED this 7th day of April,
1986.
James E. Brady
Mayor
ATTEST:
Mm'y A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this llth day of
April, 1986.
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 Daich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider an Ordinance to establish
Nursery School/Day Care Center as a
Conditional Use in the OS Office Service
District, presented and read. Tliere were
no written objections received and no
oral objectors present at the time of the
Hearing. Council Member Simon mov-
ed that the proof of publication be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yoas--Mayor Brady, Council
Members Daich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
ORDINANCE NO. 26-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT 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 ENACTING
A NEW SECTION 3-2.2D(6) TO
ESTABLISH NURSERY
SCHOOL/DAY CARE CENTERS AS A
CONDITIONAL USE IN THE OS OF-
FICE SERVICE DISTRICT, said Or-
dinance having been presented and read
at the Council Meeting of March 17,
1986, presented for final adoption.
ORDINANCE NO. 26-86
(OFFICIAL PUBLICATION)
ORDINANCE NO. 26-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
Regular Session, April 7, 1986
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY ENACTING A NEW
SECTION 3-2.2D(6) TO ESTABLISH
NURSERY SCHOOL/DAY CARE
CENTERS AS A CONDITIONAL
USE IN THE OS OFFICE SERVICE
DISTRICT.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoaln gMap of the City
of Dubuque, Iowa", by enacting a new
Section 3-2.2D (6) thereof, as follows:
SECTION 3-2.2 OS OFFICE SER-
VICE DISTRICT
D. Conditional Uses; The following
conditional uses are permitted in the
OS Disttict, subject to the provisions
of Section 5 of this ordinance and are
the minimum reqalrements for appli-
cation to tlie Board of Adjustment for
a conditional use permit:
"(6) N*trsery school/day care center,
provided that:
a) Fifty (50) square feet of indoor
floor area (excluding halls and bath-
rooms) and one hundred (100) square
feet of fenced outdoor recreation space
be provided per child;
b) the parking group requirements
can be met; (15)
c) such facility sliall supply loading
and unloading of children ~ as not to
obstruct public streets or create traf-
fic or safety hazards; and
d) all licenses have been issued or
have been applied for awaiting the
outcome of the Board's decision."
Section 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
PASSED, ADOPTED AND
APPROVED this 7th day of April,
1,o,86.
' James E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk
Publislied in the Telegraph Herald
newspaper ti~s llth day of April, 1986
Mary A. Davis
City Clerk
Council Member Simon moved final
adoption of the Ordinance. Seconded by
Council Member Kluesner. Carried by
;he following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of planning and Zon-
lng Commission approving the amend-
ment to the Zoning Ordinance pertain-
ing to Sign Regnlatinns, presented and
read. Council Member Kluesner moved
that the communication be received and
filed. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Krieg, Man-
nlng, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
An ORDINANCE amending Appen-
dix A of the Code of Ordinances by
repealing the C-3 portion of Section
4-3.11 Schedule of Sign Regulations and
enacting a new C-3 portion of Section
4-3.11 in lieu thereof, to change the signs
identifying name, profession, occupants
and hours of operation for the C-3
General Commercial District, presented
and read.
Councll Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance and that
it be set for Public Hearing on April 21,
1986 at 7:30 p.m. in the Public Library
Auditorium and that the City Clerk
publish notice in the manner prescrib-
ed by law. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of City Manager re-
questing Council to make a determina-
tlon on the petition of John Moore regar-
ding the purchase of Lot 13 of Roger's
Subdivision - Hill Street Addition AND
a Resolution Setting date of Public
Hearing for sale of City-owned land in
consideration of payment of $150 in ad-
dition to the cost of publication, recor-
ding fees and a survey, presented and
read,
96 97
Regular Session April 7, 1986
Mr. Moore spoke to the matter.
Council Member Deich moved that
they deny sale of this property and ex-
press our interest that we do not intend
to sell this property, and further intent
to be known not to sell property where
City owns lots on both sides of proper-
ty being requested to purchase. Second-
ed by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfaldt.
Communication of City Manager ad-
vising of action taken by the Transit
Board at their meeting on March 13th
and requesting Council to accept and ap-
prove the recommendation of the Tran-
sit Board to cover the $41,000 budget
cut through a fare increase, presented
and read. Council Member Kluesner
moved that the communication be
received and filed and accept and ap-
prove the recommendation of the Tran-
sit Board. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfaldt.
Communication of City Manager
transmitting documents relating to the
Couler Valley Redevelopment Area Pro-
ject (Swiss Valley Farms Urban
Renewal), presented and read. Council
Member Simon moved that the com-
munication be received and filed.
Seconded by Council Member Kinesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueener, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
RESOLUTION NO. 59-86
RESOLUTION OF NECESSITY
FINDING THAT THE COULER
VALLEY REDEVELOPMENT AREA
IS BLIGHTED AND DESIGNATING
SAID AREA AS APPROPRIATE FOR
AN URBAN RENEWAL PROJECT.
WHEREAS, the Swiss Valley Farms
Company proposes a significant expan-
sion of its plant at 3510 Central Avenue
and has requested that the City of
Dubuque assist it in assembling the
needed site area by means of the City's
~rban renewal powers; and
WHEREAS, the City has considered
the request of the Company and has
reviewed the current conditions of
development in the area and the provi-
sions of the Iowa Urban Renewal Law;
and
WHEREAS, the City Council has
directed that the City Manager initiate
urban renewal designation proceedings;
and
WHEREAS, the City Manager has
presented an urban renewal plan for the
project area, which plan is attached
hereto, and which is preliminary and
subject to modifications prior to its
adoption; and
WHEREAS, the Iowa Urban
Renewal law requires that before urban
renewal powers may be exercised a Ci-
ty Council must adopt a resolution find-
ing that the area in question is a slum
area, a blighted area, an economic
development area or a combination of
those areas and designating such area
as appropriate for an urban renewal pr~-
ect; and
WHEREAS, the Iowa Urban
Renewal Law requires that the Plan-
ning and Zoning Commission of the Ci-
ty be provided an opportunity to review
and comment upon the proposed urban
renewal plan.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the following describ-
ed area to be known as the "Couler
Valley Redevelopment Area" is a
blighted area as defined by Chapter 403
of the Iowa Code and is appropriate for
an urban renewal project; to wit:
beginning at the intersection of the
south right-of-way line of Ruby Avenue
vith the west right-of-way line of Cen-
ral Avenue; thence north along west
right-of-way line of Central Avenue to its
intersection with the north right-of-way
line of Nicolet Avenue; thence east along
:he north right-of way line of Nicolet
Avenue to its intersection with the east
)roperty line of Dalsing Place No. 1;
98
Regular Session
thence north along this line and a direct
extension of this line to its intersection
with the north right-of-way line of Euclid
Avenue; thence east along the north line
of Euclid Avenue to its intersection with
the east right-of-way line of Jackson
Street; thence south along the east right-
of-way line of Jacheon street to its in-
tersection with the south right-of-way
line of Ruby Avenue; thence west along
the south right-of-way line of Ruby
Avenue to its intersection with the west
right-of-way line of Central Avenue
which is the point of beginning.
Section 2. That the redevelopment of
this area for non-residential uses is
necessary for the proper development of
the community.
Section 3. That the Planning and Zon-
lng Commission of the City of Dubuque
is hereby requested to review the propos-
ed urban renewal plan attached hereto
as to its conformity with the general
plan for the development of the city.
Passed, approved and adopted this
7th day of April, 1986.
James E. Brady
Mayor
ATTEST:
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, Man-
ning, Simon.
Nays--None.
Abeent--Council Member Kronfaldt.
Communication of City Manager re-
questing Council approve Agreement
between the City of Dubuque and Oak
Ridge Athletics for the concession rights
at the McAleeee park and Recreation
Complex and authorize the City
Manager to sign the Agreement,
presented and read. Council Member
Kineaner moved that the communica-
tion be received and filed and approved
the City Manager to execute the Agree-
ment. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
April 7, 1986
Communication of City Manager sub-
mltting updated report regarding the
Sanitary Sewer inflow and infiltration
problems in the Keyway Drive area and
requesting authorization to proceed with
neighborhood inspection program, upon
motion received and filed and authoriz-
ed the City Manager to proceed with
next phase of home inspections and
authorize whatever legal actions may be
required to secure entry into the home
for inspection purposes. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kinesner, Krleg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Petition of James Burdt and Bill
Huseman requesting to address the
Council regarding the "Pension Board"
in conjunction with "Conffict of Interest
Law", presented and read. Council
Member Manning moved that the peri-
tion be received and filed. Seconded by
~ouncil Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Manning.
Nays--Council Member Simon.
Absent--Council Member Kronfeldt.
Mr. Burdt spoke.
Council Member Krieg moved that
they seek a legal opinion of the Mayor's
opinion regarding the Mayor's authori-
ty regarding appointments. Seconded by
Council Member Simon. Vote on the
tion was as follows:
Yeas--Council Members Krieg, Man-
ning, Simon.
Nays--Mayor Brady, Council
Members Deich, Kluesner.
Absent--Council Member Kronfeldt.
Motion was null and void.
Council Member Krieg moved that
they ask Legal Counsel to prepare an
opinion on the standing question of legal
appointments as soon as possible.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Council Members Deich,
Kluesner, Krieg, Manning, Simon.
99
Regular Session~ April 7, 1986
Nays--Mayor Brady.
Absent--Council Member Kronfeldt.
9:58 p.m. - Council recessed.
10:10 p.m. - Council reconvened.
BOARDS AND COMMISSIONS--
Council Member Kluesner moved that
they readvertise for the Dock Board.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
ZONING BOARD OF ADJUST-
MENT: 1 Five Year Term which will ex-
pire 3-25-91; Applicants: Dominic Good-
man and Terry Sullivan. Vote was as
follows: Mayor Brady voted for
Sullivan; Council Member Deich voted
for Sullivan, Council Member Kluesner
voted for Sullivan. Council Member
Krieg voted for Sullivan, Council
Member Manning voted for Sullivan,
Council Member Simon voted for
Sullivan. Council Member
Kronfeldt - Absent.
Therefore, Terry Sul]/van appointed to
the Zoning Board of Adjustment for a
five year teton which will expire 3-25-91.
Petitions of Lotus College requesting
to transfer their Class "B" Beer Permit
to the Fieldhouse on April 25 from 7:00
p.m. to 1 a.m. and to Cox Street Park-
ing Lot on April 26 from 4:30 p.m. to
11:00 p.m., presented and read. Council
Member Deich moved that the pet/tinns
be approved. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
RESOLUTION NO. 60-86
BE IT RESOLVED by the City Coun-
cil 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.
Steve Wieland 2480 University
Stove's University "76"
Donald J. Adam~ 8th and Locust
Civic Conter "76"
Richard B. Van Gordon 205 Locust St,
Vango Amoco Service Center
Passed, adopted and approved this
7th day of April 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueener, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
RESOLUTION NO. 61-86
WHEREAS, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been exo~nined 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 bond; --
NOW THEREFORE BE IT
RESOLVED by the City Council of the
City o£ Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the followng named applicants
a Beer Permit.
CLASS "B' BEER PERMIT
Jolm G. Brehm, Jean L. Brehm, 1755 Radford
Volney W. Hash
Dubuque Racquet Club (Also Sunday Sales)
Passed, adopted and approved this
7th day of April 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Regular Session
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfaldt.
RESOLUTION NO. 62-86
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 cc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rele-
vant thereto and they have filed proper
bonds;
NOW THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appli-
cant(s) a Liquor License.
CLASS "C" (COY/MERCIAL)
BEER AND LIQUOR LICENSE
Judith A. Botsford 1027 Rhomberg Ave.
Botsy's (Aisc Sunday Sales)
Dubuque First China, Inc. 926 Main
Yen Chlng Restaurant (Also Sunday Sales)
Jeannine A. Kersch 1555 Central
Idle Hour (Aisc Sunday Sales)
Knights of Columbus Council 510 781 Locust St.
(Also Sunday Sales)
John Noonan 1618 Central
Noonan's Tap (Aisc Sunday Sales)
SPECIAL CLASS "C"
BEER-WINE LICENSE
David F, and 2660 Dodge St.
Joanna K, Oberbroecbling
Mr. Steak (Also Sunday Sales)
Passed, adopted and approved this
7th day of April 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resalutinn. Seconded by
Council Member Ktuesnor. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
April 7, 1986
Nays--None.
Absent--Council Member Kronfeldt.
Printed Council Preceedings for
month of December, 1985, presented for
approval. Council Member Deich mcr-
ed that the proceedings be approved as
printed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
MINUTES SUBMITTED:
Airport Commission of 3-11 and 3-19,
presented and read. Council Member
Khiesner moved that they be received
and filed. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfaldt.
Cable TV Regulatory Comm. of 3-12;
Historic Preservation Comm. of 3-11;
Electrical Examining Board of 3-18; Fire
Retirement Board of 3-13; Five Flags
Comm. of 3-24; Housing Code Appeals
]card of 3-12; Housing Commission of
3-18; Public Library Board of 3-18; Tran-
dt Trustee Board of 3-13; Planning and
Zoning Commission of 2-19, presented
and read.
Council Member Deich moved that
the minutes be received and filed.
Seconded by Council Member Yduesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
NOTICES OF CLAIMS AND
SUITS: Mrs. Ed Entringer in amount
of $29.50 for tire damages; Linda L.
Graham in amount of $217.72 for car
damages; John N. Krupicka in amount
of $455 for car damages; Fred J. Motech
in amount of $75 for car damages; Mrs.
Wm. Rector in amount of $135 for water
damages; James L. Udelhofen in
unknown amount for personal injuries;
JoAnn Orvis in amount of $85.33 for
100 ~ 101
Regular Session, April 7, 1986
sewer problems, presented and read.
Council Member Deich moved that the
minutes be received and filed. Second-
ed by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kranfeldt.
Communications of Corporation
Counsel Lindahl recommending denials
of claim of James R. Becket; Property
damage claim of Kevin Brandel; Sewer
back-up damages of Charles and Leanne
Cox; Sewer back-up damages of Leo M.
Dix; Car damage claim of John Kean;
and Car Accident claim of Mary and
Wm. Wright, presented and read. Coun-
cil Member Deich moved that the com-
munlcatlons be received and filed and
denials approved. Seconded by Council
Member Klueaner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Dalch, Kinesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of Helen Linqulst
submitting comments regarding
Keyline, Five Flags and the Parks,
presented and read. Council Member
Deich moved that the communication be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Doich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
March 26, 1986
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
1985 Code of Iowa, the Civil Service
Commission conducted Promotional Ex-
aminations on February 14, 18 and 20,
1986, for members of the Fire
Department.
We hereby certify that the following
members of the Fire Department have
passed the written promotional ex-
aminations with an average of seventy
percent (70%) or better and all promo-
tions within the Fire Department should
be made from the following list.
FIRE EQUIPMENT OPERATOR:
Dan Brown, Tom Sutter, Mike Crim-
mlns, Robert park, John Walker. James
Imhof, Richard Roepsch.
ASSISTANT CHIEF/DIVISION
CHIEF: Frank B. Potter, James C.
Miller, Ed Coleman, John Preglar.
LIEUTENANT: Roger Voss, John
Walker, Michael Burds, Dan Brown,
Mike Crimmins, John Hutohcroft,
Robert Waddick, Scot Neyens, Michael
Gabriel, Kenneth Middleman, Richard
Jones.
CAPTAIN: Gerald L. Udelhofen,
James A. Potter, Raymond Stephan,
David W. Schuster, Ronald Kann, Mike
Weidemann, Michael J. Fitschen, Ken-
neth J. Link, John F. Egan.
Respectfully Submitted,
Gerald J. Koppes
Chairperson
Dolores A. Reihle
John E. Hess
Civil Service Commission
ATTEST:
Mary A. Davis
Secretary
Council Member Dalch moved that
the communication from the Civil Ser-
vice Commission be received and filed
and be made a matter of record. Second-
ed by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Counall Member Kronfeldt.
Communication of Dubuque Federa-
tion of Labor opposing the Local Option
Tax being put on the upcoming
November election ballot, presented and
read. Council Member Deich moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krleg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Proof of publication, certified to by the
Publisher, on Notice that a Summary of
Regular Session April 7, 1986
the adopted City budget showing the in-
tended uses of General Revenue Shar-
ing Funds is available for inspection by
the public at various places and List of
Claims for month of February, 1986
presented and read. Council Member
Deich moved that the proofs of publica-
tion be received and filed. Seconded by
Council Member Kluesner. carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kineaner, Kriag, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
REFUNDS REQUESTED: My-Cap
Vendors, Inc. (Dennis J. Meyer), $50 on
unexpired Cigarette License; My-Cap
Vendors (Francis Shanahan) and My-
Cap Vendors (Milton Marty) $25 on
unexpired Cigarette Licenses; Nash-
Finch Co. $150 on unexpired Class "B"
Beer Permit; Thomas J. SchrolYilgen and
Alvin Kloft $422.50 on unexpired Liquor
License, presented and read. Council
Member Deich moved that the refunds
be approved and Finance Director
directed to issue the proper checks.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfaldt.
Petition of University of Dubuque
submitting vacation plat at Auburn
Street and requesting vacation of same,
presented and read. Council Member
Daich moved that the petition be refer-
red to the City Manager and Staff for
implementation. Seconded by Council
Member Kluesner. Carried by the fonow-
lng vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfaldt.
Communication of City Manager sub-
mit~'mg Financial Reports for the month
of March, 1986, presented and read.
Council Member Deich 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, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of Operation: New
View submitting audited financial
statements for the 1985 Fiscal Year
(Oct. 1, 1984 - Sept. 30, 1985), presented
and read. Council Member Deich mov-
ed 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, Man-
ning, Simon.
Nays--None.
Abeent--Counall Member Kronfeldt.
Communication of Group W Cable
1985 submitting 1985 Annual Report,
~resented and read. Council Member
Deich moved that the communication be
received and filed. 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 Kronfaldt.
Petition of Mr. and Mrs. Steve Grutz
et al (containing 42 signatures) re-
questing "No parking" on either side of
Park Street, presented and read. Coun-
cil Member Deich moved that the peti-
tion be referred to the City Manager and
Staff. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner. Krieg. Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Petition of University of Dubuque re-
questing permission to conduct a short
fireworks display at the conclusion of
the Dubuque Challenge Dinner to be
held on campus Friday, June 6, 1986
AND Petition of Dubuque County
Historical Society requesting permis-
sion to have a limited aerial fireworks
display at the 2nd Street Harbor on
Saturday, May 17, 1986, presented and
read. Counc'd Member Dalch moved that
the petitions be approved and referred
102 103
Regular Session,
to the City Manager for coordination
with the Fire Dept. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Counell Member Kronfeldt.
Communication of Dolores Relhle sub-
mitring her resignation from the Civil
Service Commission effective im-
mediately, presented and read. Council
Member Deich moved that the com-
munication be received and filed and
resignation accepted with regret.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon·
Nays--None.
Absent--Council Member Kronfeldt.
Communication of John E. Hess sub-
mitting his resignation from the Civil
Service Commission effective March 26,
1986, presented and read. Council
Member Deich moved that the com-
munication be received and filed and ac-
cepted with regret. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daieh, Kluesner, Krieg, Man-
hint, Simon.
Nays--None.
Absent--Council Member Kronfaidt.
Communication of Corporation
Counsel submitting notification that the
Supreme Court has granted further
review in the case of Spechtenhauser vs.
City of Dubuque, presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Krieg, Man-
~ting, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of City Manager sub-
mitting Supplement No. 26 to the Code
of Ordinances, presented and read·
April 7, 1986
Council Member Deich 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, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
RESOLUTION NO. 63-86
ADOPTING SUPPLEMENT NO. 26
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,
Iowa for ordinances adopted up to and
including March 10, 1981; and
WHEREAS, since March 10, 1981 the
City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
supplements to the Cede of Ordinances;
and
WHEREAS, Section 380.8 of the
Code of Iowa provides that sup-
plements, by resolution, become part of
the Code of Ordinances.
qOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Supplement N6. 26 to
the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Dubuque, Iowa from July 15, 1985
through December 16, 1985 prepared by
the Municipal Code Corporation,
Tailahascee, 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
~rdinances of the City of Dubuque,
Iowa.
Passed, approved and adopted this
7th day of April, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved adop-
104
Regular Session, April 7, 1986
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Khiesner, Krieg. Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of City Manager
recommending acceptance of the con-
struction contract for the piling work
associated with the Baseball Complex
Building, presented and read. Council
Member Deich moved that the com-
munication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Counell Member Kronfeldt.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 64-86
WHEREAS, the contract for the
Chaplain Schmitt Memoriai Island
Ballpark Complex, Facilities Building
Piling has been completed and the City
Manager has examined the work and fil-
ed his certificate stating that the same
has been completed according to the
terms of the contract, plans and
specifications and recommends its
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendation of the City Manager be ap-
proved 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 contractor from
the CIP levy and private funding in
amount equal to the muount of his con-
tract, less any retained percentage pro-
vided for therein.
pASSED, ADOPTED AND AP-
PROVED this 7th day of April, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop.
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
FINAL ESTIMATE
RESOLUTION NO. 65-86
WHEREAS, the contract for tbe
Chaplain Sehmitt Memorial Island
Ballpark Complex, Facilities Building
Piling has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
ciuding the cost of estimates, notices
and inspection and ail miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
$22,02Z35 and that said amount shall be
the CIP levy and private fund-
lng of the City of Dubuque, Iowa.
Passed, approved and adopted, this
7th day of April, 1986.
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Delch moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg~ Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of Daniel Welu sub-
mitting his resignation as a member of
the Board of Trustees of the Dubuque
~ police and Fire Pension Boards effective
immediately, presented and read. Coun-
cil Member Kinesner moved that the
commur]cation be received and filed and
accepted with regret. Seconded by Coun-
cil Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
105
Regular Session April 7, 1986
Members Daich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
10:37 p.m.
Council Member Kluesner moved to
go into Closed Session in accordance
with Chapter 21.5 I (c) of the Code of
Iowa to discuss matters that are
presently in litigation, presented and
read. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ding, Simon.
Nays--None.
Absent--Council Member Kronfaldt.
11:02 p.m. Council reeonvened.
The Mayor stated that Corporation
Counsel Lindahl had given directions
regarding pending litigation.
There being no further business, Coun-
cil Member Deich moved to adjourn.
Seconded by Council Member Kluesner.
Carried by the fei]owing vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Krieg. Man-
ning, Simon.
Nays--None.
Absent--Council Member Kronfeldt.
Meeting adjourned at 11:02 p.m.
Mary A. Davis
City Clerk
Approved 1986
Adopted __1986
Mayor
Council Members
ATTEST:
City Clerk
106
Regular Session, April 21, 1986
BOARD OF
HEALTH
OFFICIAL
Board Of Health Regular Meeting,
April 21, 1986.
Board Met At 7:25 P.M., Public
Library Auditorium.
Present: Board Chairperson Brady,
Board Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Board Chairperson Brady read the call
and stated that service thereof had been
duly made and this Meeting is the
REGULAR QUARTERLY MEETING
of the Board of Health called for the pur-
pose to act upon such business which
may properly come before the Board.
Communication of City Manager
regarding revised public health nursing
regulations and requesting a Board
Member be appointed to work with the
Staff to prepare a plan for generalized
public bealth nursing services, presented
and read. Board Member Deich moved
that the communication be received and
filed and that Board Member Dave
Simon be appointed. Seconded by Board
Member Manning. Carried by the follow-
ing vote:
Yeas--Boaed Chairperson Brady,
Board Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
There being no further business
Board Member Kluesner moved to ad-
journ. Seconded by Board Member
Kronfeldt. Carried by the following vote:
Yeas--Board Chairperson Brady,
Board Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Meeting adjourned at 7:30 p.m.
Mary A. Davis
Secretary, Board of Health
Approved. 1986
Adopted _1986
Board Chairperson
Board Members
ATTEST:
Secretary, Board of Health
107
Regular Session, April 21, 1986
CITY NCIL
OFFICIAL
Regular Session, April 21, 1986.
Council Met At 7:30 p.m., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindahl.
Mayor Brady read the call and stated
that service thereof had been duly made
and this Meeting is the REGULAR
MEETING of the City Council called to
act upon such business which may pro-
perly come before the Council.
Invocation was given by Rev. Paul E.
Knupp, Jr., Pastor of the Summit Con-
gregational Church.
PROCLAMATIONS: Week of April
20-27 as "Table Mound School Week"
received by Bob Rafoth, Third Grade
Teacher and students; Week of April
28-May 4 as "Ir~ing School's Homecom-
ing '86 Pride in Dubuque Week" receiv-
ed by a student.
Mayor Brady swore in Youth in
Government Mayor Peter Gruben and
the Youth Mayor swore in the Youth
Council Members: Samir Master, At
Large; Andy Parrett, First Ward; Becky
Smith, Second Ward; Jeff Ant, Third
Ward; Angle Hammel, Fourth Ward;
and Youth City Manager, Betty Dals-
ing and Youth City Clerk Tammy Fritz.
Council Member Manning moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Dalch.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider the FY '87 STA Application
and the Section 9 Program of Projects
consisting of the FY '87 Operating
Assistance Application and a Capital
Assistance Application to aid in the pur-
chase of one handicap accessible mini-
bus, computer terminals and shop equip-
ment, presented and read.
There were no written objections
received and no oral objectors were pre-
sent at the time of the Hearing. Coun-
cil Member Kinesner moved that the
proof of publication be received and Iff-
ed. Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider an Ordinance providing for
the extension of the boundaries of the
Old Main Historic District as stated in
Section 19V2-6.2 of the Code of Or-
dinances, presented and read. There
were no written objections received.
Council Member Deich moved that
the proof of publication be received and
filed. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 27-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY EX-
TENDING THE BOUNDARIES OF
THE OLD MAIN HISTORIC
DISTRICT IN SECTION 191/2- 6.2
THEREOF, said Ordinance having been
presented and read at the Council
Meeting of February 17, 1986, presented
for final adoption.
ORDINANCE NO. 27-86
(OFFICIAL PUBLICATION)
ORDINANCE NO. g7-86
AN ORDINANCE AMENDING THE
CODE OF OBDINANCES OP THE
CITY OF DUBUQUE, IOWA BY
EXTENDING THE BOUNDABIES
OF THE OLD MAIN HISTORIC
DISTRICT IN SECTION 19Vx-6.2
THEREOF.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That tize Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by enacting an addition to
Section 191/z-6.2 to read as follows:
"(a) Designated. The properties
108
Regular Session, April 21, 1986
hereinafter described are hereby desig-
nated as a instotic preservation dis-
trict, according to the provisions of this
chapter, to wit:
All of City Lots I through 12, inclu-
sive; all of City Lots 69 through 80,
inclusive; the South 64 feet of Lot
I Block XV of Dubuque Downtown
Plaza. These properties are all
located in the Northeast half of Sec-
tion 25, Township 89 North, Range 2
East, of the Fifth Principal Metidian,
in the City of Dubuque, Iowa."
PASSED, APPROVED and
ADOPTED this 21st day of April,
1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 28th day of
April, 1986
Mary A. Da~s
City Clerk
Council Member Deich moved final
adoption of the Ordinance, as amended.
seconded by Council Member Kinesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on notice of Public Hearing
to consider an Ordinance by enacting a
new C-3 portion of Section 4-3.22 in lieu
thereof to change the signs identifying
name, profession, occupants and hours
of operation for the C-3 General Com-
mercial District, presented and read.
There were no written objections receiv-
ed and no oral objectors were present at
the time of the Hearing.
Council Member Simon moved that
the proof of publcation be received and
filed. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Daniel Kruse, Pres.
of Dan Kruse Pontiac, Inc. requesting
support on the amendment to the
Schedule of Sign Regulations; Com-
mudicatinn of Riley!s Auto Sales Co.
supporting changes approved by the
Planning and Zoning Commission rega~
ding Sign Regulations; Communication
of Mike Finnin Ford, Inc. requesting
passages of proposed changes in the
Sign Ordinance, presented and read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Amending the Zon-
ing Ordinance by repealing the C-3 per-
;ion of Section 4-3.!1 Schedule of Sign
Regulations and enacting a new &3 per-
tion of Section 4-3.11 in lieu thereof, to
change the signs identifying name, prc~
tession, occupants and hours of opera-
tion for the C-3 General Commercial
District, said Ordinance having been
presented and read at the Council
Meeting of April 7, 1986, presented for
further action. Council Member Simon
moved that this reading be the second
reading of the Ordinance. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Planning and Zon-
ing Commission approving rezoning re-
quest of Finley Hospital to reclassify
?roperty at 1460 Allison Street and 350
North Gr~ndview, presented and read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Kinesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
AN ORDINANCE Amending Zoning
Ordinance by reclassifying property at
1460 Allison Street from R-2 Two Fami-
ly Residential District to ID Institu-
tional District and approving a Concep-
tual Development Plan for the Finley
Hospital ID Institutional District at 350
North Grandview, presented and read.
Council Member Simon moved that ti'As
109
Regular Session, April 7, 1986
be considered the first reading of the Or-
dinance, 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 May, 1986 at 7:30
o'clock p.m. at the Public Library
Auditorium and that the City Clerk be
directed to publish notice of the Public
Hearing in the manner prescribed by
law. Seconded by Council Member
Khiesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deinh, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of Planning and Zon-
ing Commission advising of their denial
of rezoning property at 3320 Crescent
Ridge from present AG Agricultural
District to LI Light Industrial District
but recommending property be zoned as
CS Commercial Service and Wholesale
District, presented and read. Council
Member Kronfeldt moved that the com-
munication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Coundil
Members Deinh, Kluesner, Kring,
Kronfaldt, Manning, Simon.
Nays--None.
AN ORDINANCE amending the Zen-
lng Ordinance by reclassifying proper-
ty located at 3320 Crescent Ridge from
AG Agricultural District to CS Com-
mercial Service and Wholesale District,
presented and read. Council Member
Kronfeldt moved that this ~eading be
the first reading of the Ordinance and
that a Public Hearing be held on the pro-
posed Ordinance on the 5th day of May,
1986 at 7:30 o'clock p.m. at the Public
Library Auditorium and that the City
Clerk be directed to publish no~ice of the
Public Hearing in the manner prescrib-
ed by law. Seconded by Counc'd Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deinh, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager recom-
mending adoption of the 1985 Edition
of the Uniform Building Cede and set for
public hearing; Communication of David
Theme, Advisory Building Code and
Appeal Board, recommending adoption
of Uniform Building Code 1985 Edition,
presented and read. Council Member
Simon moved that the communications
be received and filed. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kring,
Kronfaldt, Manning, Simon.
Nays--None.
AN ORDINANCE Repealing Section
10-1 of Article I thereof and enacting a
new Section 10-1 of Article I in lieu
thereof to provide for adoption of
Uniform Building Code 1985, presented
and read. Council Member Simon mov-
ed 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 mov-
ed that a Public Hearing be held on the
proposed Ordinance on the 5th day of
May, 1986 at 7:30 o'clock p.m. at the
Public Library Auditorium and that the
City Clerk be directed to publish notice
of the Public Hearing in the manner
prescribed by law. Seconded by Coun-
cil Member Kinesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending adoption oI the 1985 Edi-
tion of the Uniform Mechanical Code
and set for Public Hearing; Communica-
tion of Thomas Geisler, Mechanical
Board, recommending adoption of
Uniform Mecho~ical Code 1985 Edition,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kring,
Kronfeldt, Manning, Simon.
110
Regular Session
Nays--None.
AN ORDINANCE Amending the
Code of Ordinances by enacting new
Section 19-1 and 19-2 in lieu thereof pro-
viding for the adoption of the Uniform
Mechanical Code 1985 Edition
presented and read. Council Member
Kluesner moved that this be considered
the first reading of the Ordinance and
that the requirement that a proposed Or-
dinance 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 mov-
ed that a Public Hearing be held on the
proposed Ordinance on the 5th day of
May, 1986 at 7:30 o'clock p.m. at Public
Library Auditorium and that the City
Clerk be directed to publish notice of the
Public Hearing in the manner prescrib-
ed by law. Seconded by Counc'fl Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending adoption of the 1985 Edi-
tion of the Uniform Plumbing Code and
set for public hearing; communication of
Joseph Danner, Plumbing Code Board,
recommending adoption of the 1986 Edi-
tion of the Uniform Plumbing Code,
presented and read. Council Member
Simon moved that the communications
be received and filed. Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
AN ORDINANCE Amending Cede of
Ordinances by enacting new portions of
Chapter 30 in lieu thereof to provide for
the adoption of the Uniform Plumbing
Code 1985 Edition, presented and read.
Council Member Simon moved that this
be considered the first reading of the Or-
dinance 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-
lng be held on the proposed Ordinance
on the 5th day of May, 1986 at 7:30
111
April 21, 1986
o'clock p.m. at Public Library
Auditorium and that the City Clerk be
directed to publish notice of the Public
Hearing in the manner prescribed by
law. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending approval of request to
vacate alley at the intersection of Grace
and Auburn Streets and further recom-
mending ~ale of the alley be set for
public hearing, presented and read.
Council Member Kluesner moved that
the communication be received and fil-
ed. Seconded by Council Member
Kconfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
AN ORDINANCE Vacating the alley
parallel to and approximately 150 feet
north of Grace Street, from the east pro-
perty line of Auburn Street approx.
117.5 feet easterly, presented and read.
Council Member Kluesner 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 May, 1986 at 7:30
o'clock p.m. at Public Library
Auditorium and that the City Clerk be
directed to publish notice of the Public
Hearing in the manner prescribed by
law. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Verbal petition of Karen Lyness of
Four Mounds Foundation, Inc. Task
Force presenting their report on the
Four Mounds AND Communication of
City Manager pertaining to Four
Mounds report, presented and read. Ms.
Regular Session, April 21, 1986
Lyness spoke.
Council Member Simon moved that
the petition and comnmnication be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Simon moved that a
meeting be scheduled for Tuesday, May
6th at 7 p.m. with the Park and Recrea-
tion Commissinn, the Council and the
Four Mounds Task Force and also the
Riverview Task Force to discuss the
park system(s) in general. Seconded by
Council Member Kinesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of Cable Regulatory
Commission recommending approval of
transfer of control regarding Group W
Cable; Communication of City Manager
approving change of control of Dubuque
System of Group W Cable from
Westinghouse, Inc. to the Buyers' Con-
sot tium, Inc., presented and read. Coun-
cil Member Deich moved that the com-
municatinns be received and filed and
approved. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
questing Mayor be authorized to ex-
ecute a supplemental Agreement
authorizing ECIA to expend the funds
received as a result of the Grant Ap-
plicatinn with UMTA, presented and
read. Council Member Simon moved
that the communication be received end
filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deinh, Kluesner, Kring,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 66-86
AUTHORIZING THE FILING OF
AN APPLICATION WITH THE U.S.
DEPARTMENT OF
TRANSPORTATION.
WHEREAS, the Secretary of
Transportation is authorized to make
grants for mass transportation projects;
and
WHEREAS, the contract for financial
assistance will impose certain obliga-
tions upon the applicant, including the
provisions by it of ~he local share of pro-
ject costs; and
WHEREAS, it is required by the U.S.
Department of Transportation in accord
with the provisions of Title IV of the
Civil Rights Act of 1964, that in connec-
tion with the filing of an application for
assistance under the Urban Mass
Transportation Act of 1964, amended,
the applicant give an assurance that it
will comply with Title IV of the Civil
Rights Act and the U.S. Department of
Transportation requirements
thereunder; and
WHEREAS, it is the goal of the Ap-
plicant that minority business enter-
prise be utilized to the fullest extent
possible in connection with this project,
and that definite procedures shall be
established and administered to ensure
that minority businesses shall have the
maximum feasible opportunity to com-
pete for contracts when procuring con-
struction contracts, supplies, equipment
contracts, or consultant and other
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the East Central In-
authorized and directed to execute ap-
plication on behalf of the City of Dubu-
que with the U.S. Department of
Transportatio~ to aid in the financing
of planning assistance projects pursuant
to Section 9 of the Surface Transporta-
tion Assistance Act, of 1982.
Section 2. That the Mayor is authoriz-
ed and directed to execute with such ap-
plication in assurance, supplemental
quired by the U.S. Department of
Transportation effectuating the pu~
poses of Title IV of the Civil Eights Act
112
Regular Session, April 21, 1986
of 1964.
Section 3. That the East Central In-
tergovernmental Association is
authorized to furnish such additional in-
formation as the U.S. Department of
Transportation may require in connec-
tion with the application for the project.
Section 4. That the Mayor is authoriz-
ed and directed to set forth and execute
affirmative minority business policies in
connection with the project's procure-
ment needs.
Section 5. That the Mayor is authoriz-
ed and directed to execute grant
agreements on behalf of the City of
Dubuque with the U.S. Department of
Transportation for aid in the financing
of the planning assistance projects.
Section 6. That the East Central In-
tergovernmental Association is
authorized and directed to publish a
not, ce of opportunity for public hearing,
to be held on the application at least 15
days after publication.
Passed, approved end adopted this
21st day of April, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
questing Mayor be authorized to ex-
ecute contract with Project Concern
covering the mini-bus operation for
fiscal year beginning July 1, 1986,
presented and read. Council Member
Deich moved that the communication bo
received and filed and approved and
authorized Mayor to execute. Seconded
by Council Member Simon. Carded by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kring,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending removal of parking on
both sides of Park Street between Mt.
Pleasant and Lawndale, presented and
read. Council Member Kluesner moved
that the communication be received and
filed. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 28-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE Cf-
TY OF DUBUQUE, IOWA, BY AD-
DING PARK STREET TO SUBSEC-
TION (d) OF SECTION 25-257
THEREOF PROVIDING FOR THE
PROHIBITING OF PARKING ON
PARK STREET FROM MT. PLEA-
SANT TO LAWNDALE, presented and
read. Council Member Khiesner moved
that this be considered the first reading
of the Ordinance and that the require-
ment that a proposed Ordinance be con-
sldered and voted on for passage at two
council meetings prior to the meeting at
which it is to be finally adopted be
suspended. Seconded by Council
Member Manning. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 28-86
ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ADDING PARK STREET TO SUB-
SECTION (d) OF SECTION 25-257
THEREOF PROVIDING FOR THE
PROHIBITING OF PARKING ON
PARK STREET FROM MT. PLEAS-
ANT TO LAWNDALE
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. qqxat the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by adding Park Street
from Mt. Pleasant to Lawndale to
Subsection (d) of Section 25-257
thereof as follows:
113
Regular Session
"Sec. 25-257. Prohibited or Dealg-
hated Streets or Portions Thereofi
(d) No-parking-at -any-timeasant
designated
Park Street, both sides, from Mt.
Pleasant to Lawndale Street
Passed, approved and adopted tl~s
21st day of April, 1986.
James E. Brady, Mayor
ATTEST:
Mary A. Da'ds, City Clerk
Published officially in the Teleg~'aph
Herald newspaper this 28th day of
April, 1986.
Mary A. Davis
City Clerk
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager per-
talning to removal of billboards on Hill
Street, presented and read.
Council Member Kronfeldt moved
that the communication be received and
filed and directed City Manager to give
notice to Mr. Hardie to remove signs
(billboards) located on City property
along Hill St. no later than July 1st
(with intent to retain as green space).
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Kronfeldt, Mann-
ing, Simon.
Nays--Council Members Deich,
Krieg.
Communication of City Manager re-
questing adoption of Resolution accep-
ting the Collective Bargaining Agree-
ment between the City and the Interna-
tlonal Union of Operating Engineers,
Local #758, presented and read. Coun-
cil Member Kronfeldt moved that the
communication be received and filed.
Seconded by Council Member Dalch.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
114
April 21, 1986
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 67-86
ACCEPTING THE AGREEMENT
BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND THE INTERNA-
TIONAL UNION OF OPERATING
ENGINEERS, LOCAL #758, AND
AUTHORIZING THE MAYOR TO
SIGN SAID AGREEMENT.
WHEREAS, the Sixty-Fifth General
Assembly adopted the Public Employ-
ment Relations Act, Chapter 20, Code
of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning of
Section 3(1) of the Public Employment
Relations Act; and
WHEREAS, the International Union
of Operating Engineers, Local #758, is
an employee orgalnizatinn within the
meaning of Section 3(4) of the Public
Emp]oyment Relations Act; and
WHEREAS, the International Union
of Operating Engineers, Local #758, sub-
mitred a request to bargain collectively
on behalf of the employees within its
representation; and
WHEREAS, bargaining between the
parties has occurred and an agreement
has been concluded.
NOW THER]~FORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the terms of the agree-
ment be accepted and the Mayor
authorized to sign the collective bargain-
ing agreement.
Passed, approved and adopted this
21st day of April, 1986.
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
Members Deich, Klueaner, Kring,
Kronfeldt, Manning, Simon.
Nays--None.
Regular Session, AprH 21, 1986
Communication of City Manager re-
questing adoption of resolution accep-
ting and approving Collective Bargain-
ing Agreement between the City and the
General Drivers and Helpers Union,
Local #421, presented and read. Coun-
cil Member Kronfeldt moved that the
communication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 68-86
ACCEPTING THE AGREEMENT
BETWEEN THE cITY OF DUBU-
QUE, IOWA, AND THE GENERAL
DRIVERS AND HELPERS UNION,
LOCAL #421 AND AUTHORIZING
THE MAYOR TO SIGN SAID
AGREEMENT.
WHEREAS, the Sixty-Fifth General
Assembly adopted the Public Employ-
ment Relations Act, Chapter 20, Code
of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning of
Section 3(1) of the Public Employment
Relations Act; and
WHEREAS, the General Drivers and
Helpers Union, Local #421 is an
employee organization within the mean-
ing of Section 3(4) of the Public Employ-
ment Relations Act; and
WHEREAS, the General Drivers and
Helpers Union, Local #421 submitted a
request to bargain collectively on behalf
of the employees within its representa-
tion; and
WHEREAS, bargaining between the
parties has occurred and an agreement
has been concluded.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY
OCUNICL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the terms of the agree-
ment be accepted and the Mayor
authorized to sign the collective bargain-
lng agreement.
Passed, approved and adopted this
21st day of April, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfaldt moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
foilowing vote:
Yeas--Mayor Brady, Council
Members Deinh, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
questing adoption of resolution accep-
ting the Collective Bargaining Agree-
ment between the City and the
Amalgamated Transit Union, Div. 329,
presented and read. Council Member
Kronfaldt moved that the communica-
tion be received and filed. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Delch, Klansner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 69-86
ACCEPTING THE AGREEMENT
BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND THE
AMALGAMATED TRANSIT UNION,
DIVISION #329 AND AUTHORIZING
THE MAYOR TO SIGN SAID
AGREEMENT.
WHEREAS, the Sixty-Fifth General
Assembly adopted the Public Employ-
ment Relations Act, C~apter 20, Code
of Iowa; and
WHEREAS, the City of Dubuque is
a public employer within the meaning of
Section 3(1) of the Public Employment
Relations Act; and
WHEREAS, the Amalgamated Tran-
sit Union, Division #329 is an employee
organization within the meaning of Sec-
tion 3(4) of the Public Employment Rela-
tions Act; and
WHEREAS, the Amalgamated Tran-
sit Union, Division #329 submitted a re-
quest to bargain collectively on behalf
of the employees within its representa-
tion; and
WHEREAS, bargaining between the
parties has occurred and an agreement
has been concluded.
NOW THEREFORE, BE IT
115
Regular Session
Members Delch, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Corporation
Counsel submitting opinion regarding
appointments to Boards/Commission,
presented and read.
Council Member Kronfaldt moved
that the communication be received and
filed and concur with the Corporation
Counsal's recommendation that appoint-
ments have been duly made and if ques-
tioned, agree to quo warranto process.
Seconded by Council Member Ktieg.
Carried by the following vote:
Yeas--Council Members Khiesner,
Ktieg, Kronfeldt, Manning, Simon.
Nays--Mayor Brady, Council
Member Deich.
Council Member Kronfeldt moved to
reconsider the above motion (action).
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Council Members Kluesner,
Krieg, Kronfaldt, Manning, Simon.
Nays--Mayor Brady, Council
Member Deich.
Council Member Kronfeldt moved
that they receive and file the com-
munication and concur with the Cor-
poration Counsel's recommendation
that appointments to the Pension Board
and Civil Service are valid. Seconded by
Council Member Krieg. Carried by the
following vote:
Yeas--Council Members Kluesner,
Krieg, Kronfaldt, Manning, Simon.
Nays--Mayv~ Bzady, Council
Member Deich.
RESOLUTION NO. 73-86
BE IT RESOLVED by the City Coun-
cil 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.
erie P. Johnson 1602 Central Ave.
Bottom's Up
New Harbor Eagle Point Marina
Development Co. Inc.,
l~ae Yard Arm
April 21, 1986
Passed. adopted and approved this
21st day of April 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yans--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 74-86
WHEREAS, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bond;
NOW THEREFORE BE IT
RESOLVED 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
Oak Ridge Athletics, Inc. Admiral Sheehy Dr.
(Also Sunday Sales)
Edward F, Murine 3265 Central Ave.
Submarina
Downtown Association Town Cluck Plaza
Passed, adopted and approved this
21st day of April 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
118
Regular Session, April 21, 1986
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 75-86
WHEREAS, appllcatinns 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 in-
spected and found to comply with the
State Law and ail City Ordinances rale-
vant thereto and they have filed proper
bonds;
NOW THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appli-
cant(s) a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
ARA Leisure Service E. 16th Extension
Dubuque Greyhound (Also Sunday Sales)
Park Track
DonRa M. Ginter 1701 Asbury Rd.
West Dubuque Tap (Also Sunday Sales)
Marco's, Inc. 2022 Central Ave.
James J. Webb 3093 WashiRgton
Jim's Web (Also Sunday Sales)
Passed, adopted and approved this
21st day of April 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion oi the Resolution. Secoz~ded by
Council Member Kronfeldt. Carded by
tho following voto:
Yeas- Mayor Brady, Council
Mombers Deich, Kinesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
MINUTES SUBMITTED: Airport
Cormm. of 4-7, presented and read. Corm-
ell Momber Kronfeldt moved that the
minutes bo received and filed. Second-
ed by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Cable Community Teleprogramming
Comm. of 4-8, Dock Comm. of 4-1,
Historic Preservation Comm. of 4-8;
Planning and Zoning Comm. of 3-5 &
3-19; Plumbing Board of 4-3; Zoning
Board of Adjustment of 2~27, presented
md read.
Council Member Kronfaldt moved
that the minutes be received and filed.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Councll
Members Deich, Kluesner, Krieg,
KronIeldt, Manning, Simon.
Nays--None.
NOTICES OF SUITS AND CLAIMS:
Arthur G. Hedley and wife in
unknown amount for personal injury;
Debra and Dennis Hillard in amount of
$1,639.35 for backed-up sewer damages;
John Moore, in Small Claims Court sub-
mltting "Motion to Waive Filing Fees
and Proceed in Forma Pauperis, and
Petition to Quiet Title"; Bruce
Rothenberger in amount of $4845.17 for
property damages; United Fire and
Casualty Co. on behalf of their client,
Robert Steichen, in unknown amount for
car damages; and Earl W. Lecking~on
in amount of $3000 for personal injuries,
~resented and read.
Council Member Kronfeldt moved
hat the suits and claims be referred to
the Legal Staff for investigation and
report. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady. Council
Members Deich, Ktuesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Dubuque County Board of Super
visors submitting thoir resolution noti-
fying their intent to terminate Agree-
ment with City, regarding fines and
court costs ir, respect to moving traffic
violations, presented and read. Council
Member Kronfeldt moved that the com-
munication be received and filed.
Seconded by Counall Momber Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
119
Regular Session
Members Deich, Kluesr~r, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communications of Corporation
Counsel recommending payment in the
amount of 5640 to IMT Insurance Co.,
recommending settlement in amount of
$500 for personal injury claim of Michael
Alien Wild by and through Kathy Wild,
his mother; Recommending settlement
in amount of $29.50 for property
damage claim of Mrs. Ed Enttinger,
presented and read.
Council Member Kronfeldt moved
that the communications be received
and filed and that the settlements be ap-
proved and that the Finance Director to
issue the proper checks. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communications of Corporation
Counsel recommending denial of prope~
ty damage claim of Linda L. Graham
(claim has been paid); recommending
denial of personal injury claim of James
L. Udalhofen and property damage
claim of Fred J. Motsch, presented and
read. Council Member Kronfeldt moved
that the communications be received
and filed and denials approved. Second-
ed by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mitting financial reports for the month
of March, 1986, presented and read.
Council Member Kronfeldt moved that
the communication be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Petition of Attorney John Arenz, on
behalf on Dr. and Mrs. Edmond O'Neill,
April 21, 1986
requesting vacation of Public Utility
Easement at 965 Indian Ridge,
presented and read. Council Member
Kronfaldt moved that this matter be
referred to the City Manager. Second-
ed by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kfuesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
REFUNDS REQUESTED: Dan
Nelson, $25 on unexpired Cigarette
License; Dolores Roeth Estate, $211.25
on unexpired Liquor License, presented
and read. Council Member Kronfeldt
moved that the refunds be approved and
Finance Director to issue the proper
checks. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Linda Roepsch
withdrawing her application for appoint-
ment to the Police and Fire Retirement
Boards, presented and read. Council
Member Kronfeldt moved that the com-
munication be received and filed.
Seconded by Counc'fl Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning. Simon.
Nays--None.
Petitions of residents (16 signers) of
Tyler Road and Erie Court requesting
relief from the damage being caused by
runoff not properly channeled from
winter thawing and from summer
storms, presented and read. Mr. Roger
Fisher spoke to petition. Council
Member Kronfeldt moved that the peti-
tion and matter be referred to the City
Manager. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt. Manning, Simon.
Nays--None.
Petition of Donna Beresford et al (con-
talnlng 975 signatures) to investigate
Regular Session
the possibility of installation of Stop
Lights at the intersection of the N/E
Arterial and Pennsylvania Ave.,
presented and read. Terry Beresford
spoke to the petition. Council Member
Kronfaldt moved that the petition and
matter be referred to the City Manager.
Seconded by Council Member Kluesner,
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending petition for installation
of sidewalks on North Grandview bet-
ween Ungs Street and Kaufmann Ave.,
be taken under advisement as the FY
1988-1992 Capital Improvement Pro-
gram is developed for the next budget
year, presented and read. Council
Member Kronfaldt moved that the com-
mudication be received and filed and in-
stallation approved. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
Yeas--Mayor Brady. Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
There being no further burmese, Coun-
cil Member Kronfeldt moved to adjourn.
Seconded by Council Member Deich.
Carried by the foliowing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Meeting adjourned at 10:31 p.m.
Mary A. Davis
City Clerk
Approved
Adopted
.1986
1986
Mayor
April 21, 1986
Council Members
ATTEST:
City Clerk
120
121