1985 June Council ProceedingsSpecial Session, May 20, 1985
cil Member Kronfeidt moved to ad-
journ. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Meeting adjourned- 9:08 p.m.
Mary A. Davis
City Clerk
Approved_ __1985
Adopted ~ __1985
Mayor
Council Members
ATTEST:
City Clerk
325
Regular Session, June 3, 1985
CITY COUNCIL
OFFICIAL
Regular Session, June 3, 1985.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning, City
Manager W. Kenneth Gearhart, Cor-
poratinn Counsel Barry A. Lfudahl.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
REGULAR MONTHLY MEETING
of the Council called for the purpose to
act upon such business which may pro-
perly come before the Council.
The invocation was given by Mr.
Kenneth Fleming, Professor or Mis-
sions at Emmaus Bible College,
Council Member Hammel moved to
suspend the rules to let anyone pre-
sent address the Council ff they so
desire. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public Hear-
ing to rezone property at 2417 and 2501
Rhomberg Ave. from C-1 Neighborhood
Commercial District to C-2
Neighborhood Shopping Center,
presented and read. Council Member
Deich moved that proof of publication
be received and filed. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Nammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Petition of Eldon H. Strohmeyer con-
talning 17 signatures opposing the zon-
ing change for property known as 2417
and 2501 Rhomberg Ave., presented
and read. Mr. Strohmeyer spoke to the
petition, along with Eldon Pust, Tim
Wright, Gene Leicht, and Dennis
Grant, all of Lincoln and Rhomberg
Ave., opposing the rezoning. Council
Member Deich moved that the petition
be received and filed. Seconded by
Council Member Hammei. Carried by
the following vote:
Ycas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Riueener, Kronfaldt, Manning.
Nays--None.
AN ORDINANCE Amending the
Zoning Ordinance and Zoning Map by
reclassifying property known as 2417
R~omberg and 2501 Rbomberg Ave.
from "C-1 Neighborhood Commercial
District" to C-2 Neighborhood Sbopp-
lng Center District", said Ordinance
having been previously presented and
read at the Council Meeting of May 20,
1985, presented for further action.
Counc'd Member Deich moved to not
sustain recommendation of the Plann-
ing and Zoning Commission and
therefore deny the rezoning request.
Seconded by Council Member Hammel.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NOT ENACTED.
Proof of Publication, certified to by
the Publisher, on Notice of Public Hear-
lng to reclassify property at 2774
University Ave. from R-2 Two Family
Residential to C-1 Neighborhood Com-
mercia], presented and read. No written
objections were received and no oral ob-
jectors were present at the tkne of the
public hearing. Council Member Beur-
skens moved that the proof of publica-
tion be received and filed. Seconded by
Mayor Brady. Carried by the fallowing
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Attorney D. Michael King, represen-
ting petitioner Gus Minner Plumb'rog,
and John Schuttz, Rick Stein, Dennis
White and Ehner Harder requested
Council give favorable approval for the
rezoning request.
ORDINANCE NO. 34-85
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVIDING
THAT THE CODE OR OR-
DINANCES, CITY OF DUBUQUE,
/
Regular Session, June 3, 1985
327
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 RECLASSIFYING
HEREINAFTER DESCRIBED PRO-
PERTY KNOWN AS 2774 UNIVER-
SITY AVENUE FROM R-2 TWO
FAMILY RESIDENTIAL
DISTRICT" TO "C-1
NEIGHBORHOOD COMMERCIAL
DISTRICT, said Ordinance having
been presented and read at the Council
Meeting of May 20, 1985, presented
for further action. Council Member
Beurskens moved that the rule requir-
ing an Ordinance to be read at three
separate meetings be dispensed with.
Seconded by Mayor Brady. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 34-85
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVID-
ING THAT THE CODE OF ORDI*
NANCES, CITY OF DUBUQUE,
IOWA BE AMENDED BY REVIS-
lNG APPENDIX "A' THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY KNOWN AS 2774
UNIVERSITY AVENUE FROM
"R-2 TWO FAMILY RESIDEN-
TIAL DISTRICT" to "C-1 NEIGH-
BORHOOD COMMERCIAL
DISTRICT"
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Tbat the Code of Ordi-
nances of the City of Dubuqe, Iowa, be
amended by revising Appendix "A"
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", to reclassify
hereinafter described property from
"R-2 two family residential district" to
"C-1 Neighborhood Commercial dis-
trict" classification, to wit:
Lots 1 and 2 of the Subdivision of
Lot 1 of J. S. Brunskill's Addition to
the City of Dubuque, Iowa, and Lots
2, 3, 4, 5, 6, and 7 of J. S. Bruns-
kill's Addition in the City of
Dubuque, Iowa, and Lot A of
vacated alley of J. S. Brunskill's
Addition in the City of Dubuque,
Iowa.
Section 2. That the foregoing
amendment has heretofore been
approved by th Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED THIS 3rd DAY OF June,
1985.
JAMES E. BRADY, MAYOR
ATTEST:
MARY A. DAVIS, CITY CLERK
Published officially in the Telegraph
Herald newspaper this 10th day of
June, 1985.
Mary A. Davis
It 6/10 City Clerk
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Mayor Brady. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Krunfeldt, Manning.
Nays--None.
Proof of Publication, certified to by
the Publisher, on Notice of Public Hear-
hag to allow for certain temporary uses
in the C-5 Central Business District,
presented and read. No written objec-
tions were received and no oral objec-
tots were present at the time of the
public hearing. Council Member Ham-
mel moved that the proof of publication
be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Mamaing.
Nays--None.
ORDINANCE NO. 35-85
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVIDING
THAT THE CODE OF OR-
DINANCES, 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 REPEALING SECTION
3-3.5E AND ENACTING A NEW
SECTION 3-3.5E IN LIEU
THEREOF TO ALLOW FOR CER-
TAIN TEMPORARY USES IN THE
328
Regular Session, June 3, 1985
C-5 CENTRAL BUSINESS
DISTRICT, said Ordinance having
been previously presented and read at
the Council Meeting of May 20, 1985,
presented for further action.
ORDINANCE NO. 35-85
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVID-
ING THAT THE CODE OF ORDI-
NANCE, 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 REPEALING SEC-
TION 3-3.5 E AND ENACTING A
NEW SECTION 3-3.5 E IN LIEU
THEREOF TO ALLOW FOR CER-
TAIN TEMPORARY USES IN
THE C-5 CENTRAL BUSINESS
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 Zoalng Map of the City
of Dubuque, Iowa" aed by enacting a
new Section 3-3.5 E thereof as fol-
lows:
E. Temporary Uses: The following
uses shall be permitted as temporary
uses in the C-5 District:
1) Any use listed as a permitted use
witliln the district of a limited dura-
tion as established in Section 2-5.3 and
as dellned in Section 8 of this ordi-
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 3rd DAY OF June,
1985
JAMES E. BRADY, MAYOR
ATTEST:
MARY A. DAVIS, CITY CLERK
Published officially in the Telegraph
Herald newspaper this 10th day of
June, 1985.
Mary A. Davis
City Clerk
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Krunfeldt, Manning.
Nays--None.
Proof of Publication, certified to by
the Publisher, on Notice of Public Hear-
lng to vacate a portion of the alley bet-
ween Brunswick Street and BaLke
Street, presented and read. No written
objections were received and no oral ob-
jectors were present at the public hear-
lng. Council Member Hammel moved
that the proof of publication be received
and filed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, I-Iammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 36-85
AN ORDINANCE VACATING A
PORTION OF THE ALLEY BET-
WEEN BRUNSWICK STREET AND
BLAKE STREET FROM THE
NORTH PROPERTY LINE OF
STRAUSS STREET 75 FEET TO
THE NORTH, said Ordinance having
been previously presented and read at
the Council Meeting of May 20, 1985,
presented for furl:her action.
ORDINANCE NO. 36-85
AN ORDINANCE VACATING A
PORTION OF THE ALLEY
BETWEEN BRUNSWICK
STREET AND BALKE STREET,
FROM THE NORTH PROPERTY
LINE OF STRAUSS STREET 75
FEET TO THE NORTH.
WHEREAS, Martin A. Gansemer
has requested the vacating of a per-
tion of the alley between Brunswick
Street and Balke Street, from the
north property line of Strauss Street
75 feet te the north, in the City of
Dubuque, Iowa; and
WHEREAS, Bartels & Byrne Engin-
eering and Land Surveying Company
has prepared and submitted to the
City Council a plat showing the
vacated street and assigned lot num-
bers thereof, which shall hereafter be
Regular Session, June 3, 1985
known and described as, "Lots 53A and
62A in Belmont Addition, in the City
of Dubuque, Iowa"; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that tins portion of the alley is no
longer required for public use and the
vacation of said alley known as Lots
53A aod 62A in Behaont Addition in
the City of Dubuque, Iowa should be
approved.
NOW, THEREFORE, BE IT
ORDAINED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That said real estate
described as Lot 53A and 62A in Bel-
mont Addition in the City of Dubuque,
Iowa be and the same is hereby
vacated.
Section 2. That the City reserves
unto itself a perpetual casement,
including the right of ingress and egress
thereto, for the purpose of repairing
and maintaining existing public utili-
Section 3. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent to dispose
of said real estatc in a manner as
described by law.
Section 4. That the conveyance of
Lot 53A in Belmont Addition to
Camillus and Harriett Hein, and the
conveyance of Lot 62A in Belmont
addition to Martin A. and Jo Ann F.
Gm~semer, be and the same is hereby
approved upon payment of $300.00,
together with publication and filing
fees.
PASSED, APPROVED AND
ADOPTED this 3ed day of June,
1985.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
June, 1985.
Mary A. Davis
City Clerk
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 175-85
Resolution Approving the Plat of a
Vacated Portion of the Alley betw~
Brunswick Stre~t~ and Balke Street,
from the North Property Line of
Strauss Street 75 Feet to the North.
WHEREAS, there has been
presented to the City Council of the Ci-
ty of Dubuque, Iowa a plat dated May
3, 1985 prepared by Bartels & Byrne
Engineering and Land Surveying Com.
pany, covering a vacated portion of the
alley between Brnnswick Street and
Baike Street, from the north property
line of Strauss Street 75 feet to the
north; and
WHEREAS, said plat conforms to
the laws and statutes pertaining
thereto.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the plat dated May 3,
1985 prepared by Barrels & Byrne
Engineering and L~nd Surveying Com.
pany covering the real estate
hereinabove described, be and the same
is hereby approved, and that the Mayor
and City Clerk be and they are hereby
authorized and directed to execute
said plat for and on behalf of the City
of Dubuque, low~
Section 2. That the City Clerk be and
is hereby authorized and directed to'
file said plat and certified copy of this
resolution in the Office of the Recorder
in and for Dubuque County, low~
Passed, adopted and approved this
3rd day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Man~ng.
Nays--None.
RESOLUTION NO. 176-85
Approval of S~le of City Owned
Property to Camillus and Harriett Hein
33O
Regular Session, June 3, 1985
and Martin A. and Joann F. Gansemer
WHEREAS, pursuant to published
notice of time and place of hearing
published in the Telegraph Herald,
a newspaper of general circulation
published on May 24, 1985 in the City
of Dubuque, Iowa, the City Council of
Dubuque, Iowa, met on the 3rd day et
June, 1985 at 7:30 o'clock p.m. in the
Carnegie-Stout Public Library, llth
and Bluff Streets, Dubuque, Iowa, to
consider the proposal of disposing of
real estate of the City of Dubuque,
Iowa, being that property described as
follows:
Lots 53A and 62A in Belmont Addi-
tion in the City of Dubuque, Iowa.
Such property to be sold as follows:
a. Lot 53A in Belmont Addition to
Cami]lus and Harriett Hein;
b. Lot 62A in Belmont Addition t,
Martin A. and JoAnn F. Gansemer
upon payment of $300.00 together
with publication and filing fees.
WHEREAS, the City Council of the
City of Dubuque, Iowa, has overruled
any and ali objections, oral or written
to the proposal to dispose of interest of
the City of Dubuque, Iowa, in the
hereinabove real estate to the above
named grantees.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of the in-
retest of the City of Dubuque, Iowo~ in
the following desoribed property:
Lot 53A in Belmont Addition to
C~millus and Harriett Hein and
Lot 62A in Belmont Addition to Ma~
tin A. and JoAnn F. Gansemer be and
the same is hereby approved for the
total price of $300.00 plus publication
and filing fees. Conveyance shall be by
Quit Claim Deed and no abstract will
be furnished by the City. The City
reserves unto itself a perpetual ease-
ment, including the right of ingress
and egress thereto, for the purpose of
repairing and maintaining existing
public utilities.
Section 2. That the City Clerk be and
she is hereby directed and authorized
to deliver deed of conveyance, ~onvey-
ina the above described real estate to
the above named grantees upon receipt
of the purchase price in full.
Section 3. That the City Clerk be and
she is hereby authorized and directed
to record a certified copy of this resolu-
tion in the offices of the City Assessor,
Dubuque County Recorder and the
Dubuque County Auditor.
Passed, adopted and approved this
3rd day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Planning and Zon-
ing Commission approving amendment
to Zoning Ordinance to add new defini-
tions of Personal Services, Business
Services and Temporary Uses,
presented and read. Council Member
Kronfeldt moved that the conununica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
I~uesner, Kronfaidt, Manning.
Nays--None.
A~ ORDINANCE Amending the
Zoning Ordinance and Zoning Map alao
known as Appendix "A" to the Code of
Ordinances by deleting from Section 8
the definitions of Personal Services and
Business Services and enacting new
definitions in lieu thereof, and by ad-
ding the definJtlon of temporary uses,
~resented and read. Council Member
Kronfeldt moved that the reading just
had be considered the first reading of
the Ordinance. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deicb, Hammel,
Kluesner~ Kronfeldt, Manning.
Nays--None.
Council Member Kronfeldt moved
that the rule requiring an Ordinance to
be presented and read at two meetings
Regular Session, June 3, 1985
331
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kinesner. Carried
by the following vote:
Yeas--Mayor Brady. Council Mem-
bbrs Beurskens, Deich, Hummel,
I~uesner, Kronfeldt, Manning.
Nays--None.
Council Member Kronfeldt moved
that a Public Hearing be held on the Or-
dinance on June 17, 1985 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 Kluesner. Carried by
the following vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich, Hummel,
Klussner, Kronfeldt, Manning.
Nays--None.
Communication of Chairperson of
Deck Commission and City Manager
requestfmg that a Public Hearing be set
on a five year lease between the City
and Dubuque Water Ski Club,
presented and read. Council Member
Kconfeldt moved that the communica-
tion be received and filed and Hearing
set for June 17, 1985 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 follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Adams Company
requesting issuance of Industrial
Revenue Bonds in the amount of
$600,000, presented and read.
Attorney Allen Carew requested that
the Council set a Public Hearing on this
matter so that the Adams Co. can get
on with their improvements. Council
Member Hummel moved that tins mat-
ter be tabled until the Council Meeting
of June 17th. MOTION DIED FOR
LACK OF A SECOND.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council Member
Deich. C~rried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays--Council Member Hummel.
RESOLUTION NO. 177-85
Resolution fixing a date for hearing on
proposed Industrial Development
Revenue Bonds, Series 1985
(The Adams Company Project)
WHEREAS, the City of Dubuque, in
the County of Dubuque, State of Iowa
(the "Issuer"), is an incorporated
municipality authorized and era-
powered by the provisions of Chapter
419 of the Code of Iowa, 1985, as
amended (the "Act"), to issue revenue
bonds for the purpose of financing the
cost of acquiring, by construction or
purchase, land, buildings, im-
provements and equipment or any in-
retest therein, suitable for the use of
any industry or industries for the
manufacturing, processing or assembl-
ing of any agricultural or manufactured
products or of any commercial enter-
prise engaged in storing, warehousing
or distributing products of agriculture,
mining or industry, or of a national,
regional or divisional headquarters
facility of a company that does
multistate business; and
WHEREAS, the Issuer has been re.
quested by The Adams Company (the
"Company"), an Iowa corporation, to
issue its revenue bonds to finance the
cost of the remodeling, reconstruction
and re.equipping of 44,000 sq. ft. of a
150.000 sq. ft. existing manufacturing
facility for the custom manufacture of
power transmission parts (the
"Project"), located at 100 East Fourth
Street within the Issuer, which will pro-
mote the welfare of the Issuer and its
citizens; and
WHEREAS, it is proposed to finance
the cost of the Project through the
suance of Industrial Development
Revenue Bonds, Series 1985 (The
Adams Company Project), of the Issuer
in an aggregate principal amount not to
exceed $600,000 (the "Bonds") and to
loan said amount to the Company
under a Loan Agreement between the
Issuer and the Company the obligation
of which will be sufficient to pay the
principal of and redemption premium, if
any, and interest on the Bonds as and
when the same shall be due and
payable; and
332
Regular Session, June 3, 1985
WHEREAS, before the Bonds may
be issued, it is necessary to conduct a
public bearing on the proposal to issue
the Bonds, ali as required and provid-
ed for by Section 419.9 of the Act and
Section 103(k) of the Internal Revenue
Code;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council o~,the
Section 1. This Council shall meet at
the Public Library Auditorium in
Dubuque, lowa, on the 1st day of July,
1985, at Z'3O o 'clock p. m., at whieh time
and place a public hearing shall be held
on the proposal to issue the Bonds
referred to in the preamble hereof, at
which hearing all local residents who
appear shall be given an opportunity
to express their views for or against
the proposal to issue the Bonds.
Section 2. The Clerk is hereby
directed to give notice of intention to
issue the Bonds, setting forth the
amount and purpose thereof, the time
when and place where the hearing will
be held, by publication at least once
not less than fifteen (15) days prior to
the date fixed for the hearing, in the
Telegraph Herald, a newspaper
published and having a general circula-
tion within the Issuer. The notice shall
be in substantially the following form:
NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT
REVENUE BONDS
SERIES 1985
(The Adams Company Project)
The City Council of the City of
Dubuque, Iowa (the "Issuer") will
meet on the 1st day of July, 1985, at
Public Library Auditorium, in conduc-
ting a public hearing on the proposal
to issue Industrial Development
Revenue Bonds, Series 1985 (The
Adams Company Project), of the
Issuer, in an aggregate principal
amount not to exceed $600,000 .(the
"Bonds"), and to loan said amount to
The Adams Company (the
"Company"), an Iowa corporation, for
the purpose of defraying the cost, to
that amount, of the remodeling,
reconstruction and re-equipping of
44,000 sq. ft. of a 150,000 sq. ft. ex-
isting manufacturing facility for the
transmission parts (the "Project"),
located at 100 East Fourth Street
within the Issuer. The Bonds, when
issued, will be limited obligations and
Will not constitute general obligations
of the Issuer nor will they be payable
in any manner by taxation, but the
Bonds will be payable solely and only
from amounts received by the Issupr
under a Loan Agreement between the
Issuer and the Company, the obliga-
tinn of which will be sufficient to pay
the principal of and interest and
redemption premium, if any, on the
Bonds as and when the same shah
become due.
At the time and place fixed for said
public hearing all local residents who
appear will be given an opportunity to
express their views for or against the
proposal to issue the Bonds. and at the
hearing or any adjournment thereof,
the Issuer shall adopt a resolution
determining whether or not to proceed
with the issuance of the Bonds. Writ-
ten comments may also be submitted
to the Issuer at City Clerk, City Hall,
Dubuque, Iowa 52001. Written com-
ments must be received by the above
hearing date.
By order oftbe City Council, this 3rd
day of June, 1985.
Mary A. Davis
City Clerk
Section 3. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extend of such conflict.
Passed, adopted and approved this
3rd day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution and set it
for Hearing on July 1, 1985 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 fonowing vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Kinesner,
Kconfeldt, Manning.
Nays--Council Member Hummel.
Communication of City Manager
recommending approval of Loan
Agreement between City and 3D Co.
for renovation of former Kresge
Regular Sessio~
Building, presented and read. Council
Member Kluesner moved that the
cunununication be received and filed.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel.
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 17885
A Resolution approving a Loan
Agreement between the City of Dubu
qua end 3D Company, Inc. providing
for the Lean of $250,000 of Iowa
Community Development Loan Funds
~nd Authori~ng and Directing the
Mayor and City Clerk to execute
said Agreement on behalf of the
City of Dubuque.
WHEREAS, by Resolution No.
199-84 dated 29, 1984 the City Council
authorized the filing of an application
for a $250,000 loan f~om the Iowa Com-
munity Development Lean Program for
a Downtown Redevelopment Froject;
and
WHEREAS, said application was ap.
proved by the State of Iowa Office for
Planning and Programming on July 26,
1984 and the City entered into an Iowa
Community Development Loan A~'ee-
merit with the Office for Plarming and
Programming on August 17, 1984; and
WHEREAS, the project for winch
said loan was approved is the acquls~-
tion and renovation of the former J.C.
Penney and S.S. Kresge buildings in
downtown Dubuque; and
WHEREAS, the City of Dubuque,
Dubuque In-Futaro, Inc. and 3D Com-
pany, Inc. have undertaken said pro-
ject; and
WHEREAS, a separate Loan Agree-
ment providing for the loan of funds
from the City of Dubuque to 3D Com-
pany, Inc. has been executed by 3D
Company, Inc. and the same is hereto
attached and by this reference is made
a part hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the attached Loan
, June 3,1985 333
Agreement between the City of Dubu-
qua, Iowa and 3D Company, Inv. pr~
viding for the Ivan of $25~000 of lowa
Community Development Loan Funds
for the renovation of the former S.S.
Kresge building in downtown Dubuque
i~ hereby accepted and approved~
Section 2. That the Mayor and City
Clerk be and they are hereby authorized
md directed to endorse the approval of
the City of Dubuque, Iowa upon said
Loan Agreement.
Section 3. That the City Manager be
and he is hereby authorized and
directed to disburse funds according to
said Loan Agreement from the State of
Iowa Community Development Loan
Funds.
Passed, adopted and approved this
3rd day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesuer moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager re-
questing approval of Agreement bet-
ween Phon~-A-Friead, Inc., Informa-
tion and Referral Service and the City
a~ Dubuque, presented and read. Court-
cil Member Bsurskens moved that the
communication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayur Brady, Council Mem-
bars Beurskans, Deich, Hammel,
Kluesner, Kronfeldt, Manvfug.
Nays--None.
RESOLUTION NO. 1794~5
A l~esulutian Approving a Funding
Agreement between the City of Dubu-
que and the phane-A-Friend, Inc. Infur-
marion and Referral Service and
Autharlzing and Directing the City
Man~ger to Execute Said Agreement
334
Regular Session, June 3, 1985
on behalf of the City of Dubuque, Iowa.
WHEREAS, the City of Dubuque,
Iowa, has negotiated with the Phone-
A-Friend, Inc. Information and Refer-
ral Service to continue to provide sar-
vices for the expressed purpose of
aiding the City of Dubuque in meeting
. the social and eeonoxnic needs of the
low and moderate income persons and
the long-term unemployed; and
WHEREAS, the terms and condi-
tions under winch Phone-A-Friend
Inc. Information and Referral Service
will be funded for providing the above-
described services are set forth in a
Funding Agreement, a copy of which
Agreement is 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 attached Fun-
ding Agreement by and between the
City of Duhaque, Iowa and the Phone-
A-Friend, Inc. Information and Refer
ral Service be and the same is hereby
approved
Section 2. That the City Manager be
and he is hereby authorized and
directed to execute said Agreement for
and on behalf of the City of Dubuque,
Iowa.
Passed, adopted and approved this
3rd day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending adoption of 28E Agre~
ment pertalnlng to Operation: New
View, as drafted by State Office of
Planning and Programming, presented
and read. Council Member Kronfeidt
moved that tins matter be tabled.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
I~uesner, Kronfeldt, Manning.
Nays--Nuns.
Communication of City Manager
recommending that Banners be install-
ed on City light standards in downtown
area, presented and read. Council
Member Bearskens moved that the
communication be received and filed
and request approved and City
Manager authorized to install. Second-
ed by Council Member Manning. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending indemnify (open
guarantee) surety bond in the amount
of $100,000 as required by the Iowa
Haeing Assn., presented and read.
Council Member Deich moved that the
eommuincation be received and filed
and surety bond be approved. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammei,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Council Member
Thomas Banrskens submitting his
resignation from the Dubuque City
Council effective June 15, 1985,
presented and read. Council Member
Deich moved that the communication
be received and filed and accepted with
regret. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich~ Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Council to discuss procedure, process
and guidelines regarding the filling of
the vacancy on the City Council created
by the resignation of Council Member
Bearskens, presented. Council Member
Manning moved that a resume and ap-
plication be submitted by June 14th, to
the City Clerk's office, to be presented
at the meeting of June 17th for appoint-
ment (application to include back-
Regular Session, June 3,1985
ground) and City Clerk directed to
publish notice stating Council intends
to appoint at the meeting of June 17th.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
APPOINTMENTS: Communication
of Rac'mg Assn. requesting appoint-
ment to fill vacancy of Tom Beurskens
on Racing Assn., presented and read.
Council Member Mnanin4~ moved that
Council Member Kronfeldt continue to
serve. Seconded by Council Member
Kluesuer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hummel,
Kluesner, Kronfcidt, Manning.
Nays--None.
Council Member Deich moved that
further appointment to the Dubuque
Racing Assn. be tabled until the next
Council Meeting.
MOTION DIED FOR LACK OF A SE-
COND.
Council Member Kronfeldt moved
that Mayor Brady be appointed to the
Dubuque Racing Assn. to fill the ex-
isting vacancy with the final appoint-
ment made upon the due review of the
lease. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 180-85
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the following having complied with
the provisions of law relating to the sale
of Cigarettes within the City of Duha-
que, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
ARA SERVICES
Dubuque Greyhound park Track E. 16th Extension
Robert J. Breitbach
Oky Doky g9 51 W. 32nd St.
Passed, adopted and approved this
3rd day of June, 1985.
James E. Brady
Mayor
ATTEST:
Regular Session, June 3, 1985
Mary A. Davis
City Clerk
Council Member Bsurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel~
Riuesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 181-85
WHEREAS, Applications for Bee
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
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 ap-
pllcants a Beer Permit.
Passed, adopted and approved this
3rd day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
gluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 182-85
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances reit-
vant thereto and they have filed proper
bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
Passed, adopted and approved this
3rd day of June, 1985.
James E. Brady
Mayor
Aqq'EST:
Mary A. Davis
City Clerk
Council Member Bsurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hummel,
Riuesner, Kronfeldt, Manning.
Nays--None.
MINUTES SUBMITTED: Building
Cede Advisory and Appeals Board of
5-8; Electrical Examining Board of
5-13; Historic Preservation Comm. of
5-14; Human Rights Corem, of 5-13;
Park & Recreation Comm. of 5-14;
Public Library of 5-14; Planning and
Zoning Comm. of 5-15; Zoning Board of
Adjustment of 5-16; Transit Trustee
Bd, of 5-9; Transit Bd. Earnings Stete-
ment and Statistics for month of April,
1985, presented and read. Council
Member Beurskens moved that the
minutes be received and filed. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Kluesner, Kronfeldt, Manning.
Regular Session, June 3, 1985
337
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Rebecca Barker, in amount of
$265.24 for car damages; Kurt Cable,
in amount of $100 for personal proper-
ty damages; Greg and Jane Luchs-
inger, in amount of $260 for backed-up
sewer damages; Donald L. McCoy et
ux, in amount of $147.63 for car
damages; Bruce L. McHaney in est.
amount of $366.92 for car damages;
~ster Mary Jean Murphy, in amount
of $2,000 for personal injuries; Melin-
da O'Connell-Ziegenfuss, in unknown
amount for personal injuries; Reva
VanNatta, in amount of $168 for per-
sonal property damages, presented
and read. Council Member Beurskens
moved that the claims and suits be
referred to the Legal Staff for in-
vestigatinn and report. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Local 94, UAW,
voicing dissatisfaction with Group W
Cable rate increase and requesting
Council to roll back the rates to pre-
May 1, 1985 levels, presented and read.
Council Member Beurskens moved that
the communication be received and ill-.
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
City Manager submitting Financial
Reports for the month of April, 1985,
presented and read. Council Member
Beurskens moved that the reports be
received and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
10:11 p.m., Council Member
Kronfeldt moved to go into Closed Ses-
sion in accordance with Chapter 21.5 1
(c), Code of Iowa, 1985. as amended, to
discuss strategy with Counsel in mat-
ters that are presently in ligitation or
where litigation is imminent. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfcidt, Manning.
Nays--None.
10:54 p.m. Council reconvened.
Mayor Brady stated that the Legal
Counsel had been given direction in
regard to litigation.
There being no further business,
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Beurskens.
Meeting adjourned at 10:55 p.m.
Mary A. Davis
City Clerk
Approved 1985
Adopted .1985
Mayor
Council Members
ATTEST:
City Clerk
Regular Session, June 17, 1985
B o rd of Health
OFFICIAL
Special Session, June 17, 1985.
Board Met at 7:25 o'clock p.m., in
the Public Library Auditorium.
present--Chairperson Brady,
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning,
Chairperson Brady read the call and
stated this Meeting is called for the
purpose to consider that the Chairper-
son be authorized to execute necessary
documents pertaining to VNA Public
Nursing Services for FY '86
Communication of City Manager re-
questing Board of Health Chairperson
be authorized to execute documents
regarding VNA Public Nursing ser-
vices for Fiscal Year 1986, presented
and read. Board Member Kronfeldt
moved that the communication be
received and filed. Seconded by Board
Member Manning. Carried by the
following vote:
Yeas--Chairperson Brady, Board
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
There being no further business,
Board Member Manning moved to ad-
journ. Seconded by Board Member
Hammel. Carried by the following
vote:
Yeas--Chairperson Brady, Board
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Meeting adjourned at 7:27 p.m.
Mary A. Davis
Secretary, Board of Health
Approved 1985
Adopted __1985
Chairperson
Board of Health Members
ATTEST:
Secretary, Board of Health
340 Specfal Session, June 17, 1985
Special Session, June 17,1985
339
CITY COUNCIL
OFFICIAL
Special Session, June 17, 1985.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, City Manager W.
Kenneth Gearhart, Corporation
Counsel Barry A. Lindahl.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose TO CONDUCT A
PUBLIC HEARING TO CONSIDER
A LEASE AGREEMENT BET-
WEEN THE CITY OF DUBUQUE
AND THE DUBUQUE WATER SKI
CLUB and acting upon such other
business which may properly come
before the Council.
Invocation was given by Rev. Ber-
nard McCarty, Pastor of Calvary Bap-
tist Church.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Delch, Hammel, Kluesner
Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public Hear-
lng to consider a Lease Agreement bet-
ween the City of Dubuque and the
Dubuque Water Ski Club, presented
and read. There were no written objec-
tions received and no oral objectors pre-
sent at the time of the Hearing.
Mr. Don McMullen, represenfmg the
Water Ski Club, stated endorsement of
the Lease. Counc'fl Member Deich mov-
ed that the proof of publication be
received and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayer Brady, Council Mem-
bers Deinh, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 183-85
Resolution Approving a Lease Agree-
ment with the Dubuque Water Ski
Club on Chaplain Schmitt
Memorial Ielnnd
WHEREAS, the City of Dubuque
Board of Dock Commissioners has con-
sidered the leasing of property known
as the "Ski Club Lease" on Chaplain
Sehmitt Memorial Island; and
WHEREAS, the City of Dubuque
Board of Dock Commissioners has
reconunended the approval of a propos-
ed lease and agreement for the proper.
ry. This will be for a per/ed of five years
from June 3, 1985 through June 2,
1990; and
WHEREAS, the City Counc'd of the
City of Dubuque, having reviewed the
terms of the lease and agreement, and
concurring with the City of Dubuque
Board of Dock Commissioners that the
terms of the proposed lease and agree-
rent are acceptable and the ]easing of
the property deemed to be in the best
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The proposed lease and
agreement between the City of Dubu-
que and the Dubuque Water Ski Club
for property located on Chaplain
Schmitt Memorial Island is hereby ap-
proved by the City Council of the City
of Dubuque for a period of five years
from June 3, 1985 through June2, 199~
Section 2. The Mayor be authorized
and directed to execute the lease and
agreemen~
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
kTTEST:
Mary A. Davis
City Clerk
Conned Member Dcich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Conned Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public Hear-
ing to consider an Ordinance by revis-
ing Zoning Ordinance by deleting from
Section 8 the definition of Personal
Services and Business Services and
e~acting new definitions in lieu thereof
and by adding the definition of Tem-
porary Uses, presented and read.
There were no written objections
received and no oral objectors present
at the time of the Hearing. Council
Member Kronfeldt moved that the
proof of publication be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner
Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 37-85
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR-
DINANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
lNG APPENDIX "A" THEREOF,
ALSO KNOWN AS THE ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA" BY DELETING FROM SEC-
TION 8 THE DEFINITIONS OF
PERSONAL SERVICES AND
BUSINESS SERVICES AND ENAC-
TING NEW DEFINITIONS IN LIEU
THEREOF, AND BY ADDING THE
DEFINITION OF TEMPORARY
USES, said Ordinance having been
presented and read at the Council
Meeting of June 3, 1985, presented for
further action.
ORDINANCE NO. 37-85
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVID-
ING 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 THE CITY OF DUBUQUE,
IOWA", BY DELETING FROM
SECTION 8 THE DEFINITIONS
OF PERSONAL SERVICES AND
BUSINESS SERVICES AND
ENACTING NEW DEFINITIONS
IN LIEU THEREOF, AND BY
ADDING THE DEFINITION OF
TEMPORARY USES.
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 Zoning Map of the City
of Dubuque, Iowa" by deleting from
Section 8 the definitions of Personal
Services and Business Services, and
enacting adopflon of new definitions
thereof ~s follows:
Personal Services: Uses providing
human services exclusively to private
individuals as the ultimate consumer.
Personal services shall be limited to
grocery shopping services, tailoring and
alterations, private household services
and temporary personal in-home care.
Business Services: Uses providing
services to people, groups, businesses,
dwellings & other buildings. Business
services shall include janitorial ser-
vices, carpet and uphoLstery cleaning,
painting and decorating, building main-
telmnce, swhnming pool maintenance,
security service, graphics / advertising
agency, photocopying / duplication,
quick print shops, printing, blueprint-
ing, sign painting, non-vehicle equip-
ment rental, and similar uses.
Temporary Uses: Impermanent
uses of an occasional nature not
exceeding six (6) months maximum
duration. Temporary uses shall not
involve the use of permanent struc-
tures, permanent signs, or portable
signs. Uses of a seasonal nature that
recur periodically on a regular basis on
the same site and re-occupy the same
permanent building shall not be con-
sidered Temporary Uses.
Section 2. That the foregoing
Amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED THIS 17th DAY OF
June, 1985.
JAMES E. BRADY, MAYOR
ATTEST:
MARY A. DAVIS, CITY CLERK
Published officially in the Telegraph
Herald newspaper this 21st day of
June, 1985.
Mary A. Davis
City Clerk
It 6/21
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
Special Sessior
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing on Plans and Specifications
for construction of Rotman Retaining
Wall, presented and read. There were
no written objections received and no
oral objectors present at the time of
the Hearing. Council Member
Kronfeldt moved that the proof of
publication be received and filed.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner
Kronfeldt, Manning.
Nays--None.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 184-85
WHEREAS, on the 15th day of May
1985, plans, specifications, form of con-
tract and estimated cost were filed with
the City Clerk of Dubuque, Iowa, for
the Rotman Retaining Wall; and
WHEREAS, notice of hearing on
plans, specifications, form of contract
and estimated cost was published as rs-
quired by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the said plans, specification~
form of contract and estimated cost are
hereby approved as the plans, specifica-
tions, form of contract and esthnated
cost for said improvements for said pro-
ject.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
,June17,1985 341
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Bidders of
the receipt of bids for the construction
of the Rotman Retaining Wall AND
Communication of City Manager
recommending to award contract for
the project, presented and read. Council
Member Kronfeldt moved that the pre-
of of publication and tbe communica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kconfeldt, Manning.
· Nays--None.
AWARDING CONTRACT
RESOLUTION NO. 185-85
WHEREAS, sealed proposals have
been sufunittad by contractors for the
Retman Retaining Wall pursuant to
Resolution No. 164-85 and notice to bid-
ders published in a newspaper publish-
ed in the City of Dubuque, Iowa on the
24th day of May, 1985.
WHEREAS, said sealed proposals
were opened and read on the 6th day of
June, 1985 and it has been determined
that the bid of Wililam Becket & Sons
of Dubuque in the amount of
$37,898.00 was the lowest bid for the
furnishing of all labor and materials
and performing the work as provided
for in the plans and specifications.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the Ci-
ty of Dubuque, Iowa:
That the contract for the above im-
provement be awarded ta Will/am
Becket & Sons and the Manager be and
is hereby directed to execute a contract
on behaff of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
tract and the approval of the contrac-
tor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful bid-
ders.
342
Special Session, June 17, 1985
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner
Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to b~
the Publisher, on Notice of Public Hear
lng on Plans and Specifications for the
construction of the Main and 14th
Street Storm Sewer Rehabilitation,
presented and read. There were no writ-
ten objections received and no oral ob-
jectors present at tbe time of the Hear-
lag. Council Member Kconfeldt moved
that the proof of publlcatinn be received
and filed. Seconded by Council Member
Kluesner. Carried by the fuilowing vote:
Yeas--Mayor Brady, Council Mem-
bers Deinh, Hammel, Kluesner
Kronfeldt, Manning.
Nays--None.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 186-85
WHEREAS, on the 15th day of May
1985, plans, specifications, form of con-
tract and estimated cost were filed with
the City Clerk of Dubuque, Iowa, for
the Main and 14th Street Storm Sewer
Rehabilitation; and
WHEREAS, notice of hearing on
plans, specifications, form of contract
and estimated cost was published as re-
quired by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans, specifica-
tions, form of contract and esthnated
cost for said improvements for said pro-
ject.
Passed, adopted and approved this
17th day of June, 1985.
Jan~es E. Brady
Mayor
ATTEST:
Mary A. Dav/s
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Bidders of
the receipt of bids for the construction
of Main and 14th Street Storm Sewer
Rehabilitation, AND Communication
of City Manager recommending to
award Contract for the project,
presented and read. Council Member
Kronfeldt moved that the proof and
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
AWARDING CONTRACT
RESOLUTION NO. 187~5
WHEREAS, sealed proposals have
been submitted by contractors for the
Main and 14th Street Storm Sewer
Rehabilitation pursuant to Resolution
No. 168-85 and notice to bidders
published in a newspaper published in
the City of Dubuque, Iowa on the 24th
day of May, 1985.
WHEREAS, said sealed proposals
were opened and read on the 6th day of
June, 1985 and it has been determined
that the bid of Pressure Concrete Com-
pany of Florence, Alabama in the
amount of $64,544.00 was the lowest
bid for the furnishing of ail labor and
materials and performing the work as
provided for in the plans and specifica-
tions.
NOW, THEREFORE, BE IT RE-
Special Session, June 17, 1985
SOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above im-
provement be awarded to Pressure
Concrete Company and the Manager
be and is hereby directed to execute a
contract on behaff of the City of Dubu-
que for the complete performance of
the work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
tract and the approval of the contrac-
tor's bond, the City Treasurer is
authorized and instructed to return
the bid deposits of the unsuccessful
bidders.
Passed, adopted and approved this
17th day ~f June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfuldt moved
adoption of the Resolution. Seconded
by Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hummel, Kineener
Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Published, on Notice of Public
Hearing on Plans and Specifications for
construction of Northwest Arterial
from Pennsylvania to Asbury Rend,
P.C.C. Paving and Street Lighting,
presented and read. There were no
written objections received and no oral
objectors present at the time of the
Hearing. Council Member Kineaner
moved that the proof of publication be
received and filed. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Delch, Hummel, Kluesner
Kronfuldt, Manning.
Nays--None.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 188-85
WHEREAS, on the 15th day of May,
1985, plans, specifications, form of con-
tract and estimated cost were filed with
the City Clerk of Dubuque, Iowa, for
the Northwest Arterial from Penn.
sylvania Avenue to Asbury Road,
P.C.C. Paving and Street Lighting; and
WHEREAS, notice of hearing on
plans, spec'ffications, form of contract,
and estimated cost was published as re-
quired by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA.'
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans, spec'flies-
U~ons, form of contract and estimated
cost for said improvements for said pro-
ject.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Ycas--Mayor Brady, Council Mem-
bers Dalch, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Bidders for
the PCC Pavement in the City of Dubu-
que on Northwest Arterial from Penn-
sylvania Avenue north to Asbury Road
AND Communication of City Manager
recommending to award contract for
the project, presented and read. Council
Member Kluesner moved that the proof
and communication be received and Ill-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers De~Ch, HammeI, Kluesner,
Kronfeldt, Manning.
Nays--None.
AWARDING CONTRACT
RESOLUTION NO. 189-85
WHEREAS, sealed proposals have
Special Session, June 17, 1985
been submitted by contractors for tho
Northwest Arterial from Pennsylvania
Avenue to Asbury Road, P.C.C. Pay-
i~g and Street Lighting pursuant to
Resolution No. 162-85 and notice to
bidders published in a newspaper
published in the City of Dubuque,
Iowa on the 30th day of May, 1985.
WHEREAS, said sealed proposals
were opened and read on the llth day
of June, 1985 and it has been determin-
ed that the bid of the Flynn Company,
of Dubuque in the amount of
$612,764.83 was the lowest bid for the
furnishing of all labor and materials
and performing the work as provided
for in the plans and specifications.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above im-
provements be awarded to tho Flynn
Company, subject to the concurrence
of the Federal Highway Administra-
tion and the Manager be and is hereby
directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
tract and the approval of the contrac-
ter's bond, the City Treasurer is
authorized and instructed to return
the bid deposit of the unsuccessful bid-
ders.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kinesner moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hummel, Kluesner,
Kronfuldt, Manning.
Nays--None.
Communication of Planning and Zon-
ing Commission approving rezanlng re-
quest for Lots 4, 5, 6 & 7 of Blocks 1
and 2, Westchester, located on the
south side of the 3400 Block of Asbury
Road from R-4 Multi-Family Residen-
tlal District to OR Office Residential
Dlat~ict, presented and read. Council
Member Klueener moved that the com-
munieation be received and filed.
Seconded byCouncfl Member Manning.
Carried by the following vote:
Yens--Council Members Hammsi,
Klueaner, Kronfeldt, Manning.
Nays--Mayor Brady, Council Mem-
ber Deich.
An ORDINANCE Amending the
Code of Ordinances by revising "Zen.
ing Ordinance and Zoning Map" by
reclassifying property located in the
3400 Block of Asbury Road from "R-4
Multi-Family Residential District" to
"OR Office Residential District"
presented and read. Council Member
glueaner moved that the reading just
had be considered the first reading of
the Ordinance, that the rule requiring
an Ordinance to be presented and read
at two mcot'mgs prior to the meeting
when final action is f~ken, be dispensed
with and that a Public Hearing be held
on the Ordinance on July 1, 1985 at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk publish notice
hi the manner prescribed by law.
Seconded by Council Member Manning.
Vote on the motion was as follows:
Yeas--Council Member Hammel,
Kluesner, Kronfeldt, Manning.
Nays--Mayor Brady, Council Mem-
bet Delch.
MOTION FAILED DUE TO LACK
OF 3/4 VOTE NEEDED.
Council Member Klueener moved
that the reading just had be considered
the first reading of the Ordinance and
that a Public Hearing be held on the Or-
dinance on July 1, 1985 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 Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hummel, Kluesner,
Kronfeidt, Manning.
Nays--None.
Communication of Planning and Zon-
ing Commission approving amendment
to Zoning Ordinance, Section 8,
"Definitions" to clarify the disUmction
between "Grocery Store" and "Super-
market" for purposes of zoning,
Special Sessiun
presented and read. Council Member
Kranfeldt moved that the communica-
tion be received and filed. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Merew
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
An ORDINANCE Amending the
Cede of Ordinances by revising "Zon-
ing Ordinance and Zoning Map" by ad-
ding Section 8, Definitions, the defini-
tions of "Grocery Store" and "Super*
market", presented and read. Council
Member Kronfeldt moved that the
reading just had be considered the first
reading of the Ordinance, that the rule
requiring an Ordinance to be presented
and read at two meetings prior to the
meeting when final action is taken, be
dispensed with, and that a Public Hear-
ing be held on the Ordinance on July 1,
1985 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
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner
Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub
mitting documents regarding the City
of Dubuque 1985 Street Program,
presented and read, Council Member
Kinesner moved that the communica-
tion be received and fded. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner
Kronfaldt, Manning.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 190-85
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifica-
tions, form of contract and estimated
cost for the 1985 Asphalt Paving Pro-
ject, in the estimated amount of
June 17, 1985 345
$1,330,812.00, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner, moved
edoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deinh, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 191-85
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
lice of the City Clerk for public inspec-
tion of the 1985 Asphalt Paviog Pro.
ject.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 15th day of July,
1985, a public hearing will be held at
7:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for or
against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to cause
a notice of time and place of such hear-
lng to be published in a newspaper hay-
lng general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the day fixed for
i~s consideration. At the hearing, any
interested person may appear and flied
objections to the proposed plane,
spec'dicagions, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
Special Session, June 17,1985
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Maturing. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Deich, Hammal, Kluesner
Kronfaldt, Manning.
Nays--None.
RESOLUTION OF NECESSITY
RESOLUTION NO. 192-85
WHEREAS, proposed plans have
been duly prepared and approved by
the City Counc'd of the City of Dubuque
and are now on file in the office of the
City Clerk showing among other things
the plans, specifieations, form of con-
tract, estimated cost and preliminary
plat and schedule showing the amount
proposed to be assessed against each
lot and the valuation of each lot as fixed
by the City Council, for the 1985
Asphalt Paving Project.
BE IT FURTHER RESOLVED that
the City Council deems it advisable and
necessary for the public welfare to
make the herein mentioned improve-
trent, and unless property owners at
the time of the final consideration of
this proposed resolution have on fde
with the City Clerk objections to the
resolution of necessity, they shall be
deemed to have waived all objections
pertaining to the regularity of the pro-
ceeding and the legality of using the
special assessment procedure.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which have
been approved by the City Council and
are now on file with the City Clerk. That
the cost and expense of making said im-
provement will be assessed partially or
totally against privately owned proper-
ty lying within the assessment limits
and in an amount not to exceed that
provided by law, and in proportion to
the special benefits conferred.
The portion of the cost which shah be
berne by the City win be paid from the
General Fund and the Road Use Tax
Fund, and special assessment bends
may be issued in anticipation of defer-
red payments of assessments when a
contract has been performed and ac-
cepted, and the proceeds thereof used
to pay the contractor.
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 17th day of
June, 1985.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved ap-
proval of the Resolution. Seconded by
Council Member Manning. Carried by
the follovdng vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfaldt, Manning.
Nays--None.
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
RESOLUTION NO. 19~-85
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications and form of con-
tract and placed same on fde in the of-
rice of the City Clerk for public inspec-
tion, for the 1985 Asphalt Paving Pro-
ject, and,
WHEREAS, the proposed Resdiu-
tlon of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spectinn.
NOW, THEREFORE, BE IT RE-
SOLVED, that on the 15th day of July,
1985, a public hearing will be held at
7:30 o'clock p.m. in the Public Library
Auditorium in the City of Dubuque at
wkich time the owners of property sub-
ject to assessment for the proposed im-
provement or any other person having
an interest in the matter may appear
and be heard for or against the making
of the improvement, the boundaries of
the district, the cost, the assessment
against any lot, or the final adoption of
a resolutinn of necessity, and the City
Clerk be and is hereby authorized and
directed to cause a notice of time and
Special Session, June 17, 1985
347
place of such hearing to be published
in a newspaper having general circula-
tion in the City of Dubuque, Iowa,
which notice shall be published once
each week for two consecutive weeks,
the first publication of which shall be
not less than ten days prior to the day
fixed for its consideration. Unless pro-
perty owners at the time of the final
consideration of this proposed resohi-
tion have on file with the City Clerk
objections to the Resolution of
Necessity they shall be deemed to
have waived all objections thereto,
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 194-85
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the attached sheets, 1 to 21 in-
chisive, are hereby determined to be the
schedule of proposed assessments for
the 1985 Asphalt Paving Project and
the valuations set out herein are hereby
approved.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Dnich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Communicarion of City Manager sub-
witting proposed changes to "Lease"
between the City and Dubuque Racing
Assn. and requesting to set item for
Public Hearing, presented and read.
Counc'd Member Kronfeldt moved that
the communicatinn be received and fil-
ed and Lease set for Public hearing on
July 1, 1985 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 Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Petition of Walter Davis requesting
to address the Court(il to provide infor-
mation regarding the Third Annual
Vietnam Veterans Reunion to take
place in Dubuque on August 16, 17 and
18, 1985, presented and read. Mr. Davis
spoke to the petition staring that
500-1000 veterans will be in attendance.
Council Member Delch moved that the
petition be received and filed. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner.
Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 195-85
A Resolution authorizing the execution
of a Memorandum of Agreement with
The Adams Company
WHEREAS, the City of Dubuque, in
the County of Dubuque, State of Iowa
(the "Issuer"), is an incorporated
municipality authorized and em-
powered by the provisions of Chapter
419 of the Code of Iowa, 1985, as
amended (the "Act"), to issue revenue
bonds for the purpose of financing the
cost of acquiring, by construction or
purchase, land, buildings, im-
provements and equipment, or any in-
terest therCm, suitable for the use of
any industry of industries for the
manufacturing, processing or assembl-
lng of any agricultural or manufactured
preducts or of any commercial enter-
348
Special Session, June 17, 1985
prise engaged in storing, warehousing
or distributing products of
agriculture, mining or industry, or of a
national, regional or divisional head-
quarters facility of a company that
does mulristate business; and
WHEREAS, the Issuer has been re-
quested by The Adams Company (the
"Company") to issue its~ revenue
bonds pursuant to the Act for the pur-
pose of financing the remodeling,
reconstruction and re-equlpping of
44,000 sq. ft. of a 150,000 eq. ft. ex-
istlng manufacturing facility for the
custom manufacture of power
transmisalon parts {the "Project"),
located within the Issuer; and
WHEREAS, a Memorandum of
Agreement in the form and with the
contents set forth in Exhibit A attach-
ed hereto, has been presented to the
Issuer under the terms of which the
Issuer agrees, subject to the provi-
zions of such Agreement, to pursue
proceedings necessary under the Act
to issue its revenue bonds for such pur-
pose;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
Issuer, as follows:
Section L 2he Memorandum of
Agreement in the form and with the
contents set forth in Exhibit A attach-
ed hereto be and the same is hereby ap-
proved and the Mayor is hereby
authorized to execute said Memoran-
dura of Agreement and the Clerk is
hereby authorized to attest the same
and to affix the seal of the Issuer
thereto, said Memorandum of Agree-
ment which constitutes and is hereby
made a part of this Resolution to be in
substantially the form, text and con-
taining the provisions set forth in Ex-
hibit A attached hereto.
Section 2. Officials of the Issuer are
hereby authorized to take such further
action as may be necessary to carry
out the intent and purpose of the
Memorandum of Agreement.
Section 3. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Passed, adopted and approved this
17th day of June. 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
EXHIBIT A
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF
AGREEMENT is between the City of
Dubuque, Iowa, (the "Issuer") and
The Adams Company (the
"Company").
L Preliminary Statement. Among
the matters of mutual inducement
which have resulted in the execution of
this Agreement are the following:
a) The Issuer is authorized by
Chapter 419 of the Code of Iowa, 1985,
as amended (the "Act") to issue
revenue bonds for the purpose of
financing the cost of acquiring, by con-
struction or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for the use of
any industry or industries for the
manufacturing, processing or assemhi-
lng of any agricultural or manufac-
tured products or of any commercial
enterprise engaged in storing,
warehousing or distributing products
of agriculture, mining or industry, or
of a national, regional or divisional
headquarters facility of a company
that does multlatate business.
(b) The Company wishes to obtain
satisfactory assurance from the Issuer
that subject to the public hearing re-
quired by the Act and Section 103(k) of
the Internal Revenue Code such bonds
will be issued by the Issuer in a prin-
elpai amount sufficient to finance the
costs of the remodeling, reconstruc-
lion and re-equipping of 44,000 sq. ft.
of a 150,000 sq. ft. existing manuinc-
turing facility for the custom manufac-
ture of power transmission parts (the
"Project") located within the Issuer.
(c) The Issuer considers that the ac-
quisition and construction of the Pro-
ject and the financing of the same will
promote the welfare and prosperity of
the Issuer and its citizens.
2. Undertaldngs on the Part of the
Special Session June 17,1985
349
(al The Issuer will begin the prc-
ceedings necessary to authorize the is-
suance of such bonds, in an aggregate
principal amount not to exceed
$600,000.
(bt Subject to duo compliance with
all requirements of law, including the
provisions of and the public hearing re-
qdired by the Act, it win cooperate
with the Company in the issuance and
sale of such bonds, and the proceeds
from the issuance of such bonds shall
be loaned to the Company upon terms
sufficient to pay the principal of and
interest and redemption premium, if
any, on such bonds, as and when the
same shall become due.
3. Undertakings on the Part of the
Company.
(al It will use all reasonable efforts to
cooperate with the Issuer and comply
with the Act and all other provisions
of law relating to the Project and the
issuance and sale of such bonds.
(b) It will enter into a Loan Agree-
merit with the Issuer under the terms
of which the Company will obligate
itself to pay to the Issuer sums suffi-
cient to pay the principal of and in-
terest and redemption premium, if
any, on such bonds as and when the
same shall become due and payable.
4. General Provisions.
(a) All commitments on the part of
the Issuer and the Company herein are
subject to the condition that on or
before one year from the date hereof
(or such other date as shall be mutual-
ly agreed to) the Issuer and the Com-
pany shall have agreed to mutually ac-
ceptable terms relating to the issuance
and sale of such bonds.
(b) The Company agrees that it win
reimburse the Issuer for all reasonable
and necessary direct out-of-pocket ex-
penses which the Issuer may incur at
its request arising from the execution
of this Agreement and the perfor-
mance by the Issuer of its obligation
hereunder, whether or not such bonds
are issued.
(c) All commitments of the Issuer
hereunder are further subject to the
conditions that the Issuer shall in no
event incur any liability for any act or
omission hereunder, and that such
bonds described herein shall not con-
stitute an indebtedness of the Issuer
within the meaning of any constitu-
tional or statutory provision and shall
not constitute nor give rise to a
pecuniary habinty of the Issuer or a
charge against its general credit or
taxing powers.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
The Adams Company
John C. Hendry
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Communication of City Manager re-
questing approval of a Purchase of Sar-
vices Agreement with the Chamber of
Commerce for the fiscal year beginning
July 1, 1985 covering the City's finan-
cia! participation in the Chamber's Con-
vention and Visitor's Council,
presented and read. Council Member
~ammel moved that the communica-
tion be received and filed and Agrsu-
rnent approved. Seconded by Council
Member Dcich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Krnafeint, Manning.
Nays--None.
Communication of City Manager
recommending that the petition of
Richard Pitz, owner of the Minnow
Bucket, requesting a 15 minute park-
lng time restriction be denied and that
the existing two hour time zone remain,
presented and read. Council Member
Kluesuer moved that the summuniea-
tlon be received and filed and approve
Manager's recommendation to deny.
Seconded by Council Member
Kronfeldi. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Special Session, June 17, 1985
Communication of City Manager re-
questing Council to review the request
of Mr. Jim Schwers, Developer of the
Arbor Oaks Subdivision, for a time ex-
tension to complete the asphalt paving
in the subdivision, presented and read.
Thomas Murin, 3066 Arbor Hills Dr.
requested Council not grant time ex-
tension. Council Member Kronfeldt
moved that the communication be
received and filed and deny the re-
quest for the extension. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Petition of Dubuque Jaycees r~-
questing to hold their annual Fireworks
Display on the 4th of July Iwith July
5th as rain date~ at Vet's Softball
Pields, presented and read. Mr. Dave
Morris of the Jaycsus spoke to the peti-
~on requesting permission. Council
Member Kronfeldt moved that the peti-
tion be received and filed and request
approved. Seconded by Council
Member Manning. Carried by the
fonowing vote:
Yeas--Mayor Brady, Council Mem-
bers Daich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub-
mitring report from Design Center
Associates with three alternates regar-
ding Bridge Complex and recommen-
ding to lower road to allow buses to
enter in order to reopen south entrance
of Eagle Point Pork, presented and
read. Council Member Krnafeldt moved
that the communication be received
and filed and authorized Staff to
develop specs, and go to bid on the prc-
ject for lowering road "Scheme A".
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub-
mit ting an Agreement with Illinois Cen-
tral Gulf Railroad relative to the Cedar
Cross Bridge, presented and read.
Council Member Kronf~ldt moved that
the communication be received and fil-
ed and authorize the City Managar to
sign the Agreement when it is received
from the I.C.R.R. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending acceptance of the con-
structinn contract for the Off-Site
Sanitary Sawer, Watermain and Storm
Sewer for the Dog Racing Facility,
presented and read. Council Member
Kronfeldt moved that the communica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Daich, Hammel, Kluesner,
Krnafeldt, Manning.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 196-85
WHEREAS, the contract for the
Dubuque Dog Racing Facility, Off-Site
Sanitary Sawer, Watermaln, and Storm
Sewer has been completed and the City
Manager has examined the work and
filed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its ac-
ceptance.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the Ci-
ty of Dubuque, Iowa, that the recom-
mendation of the City Manager be
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 General Obligation Bonds in
amount equal to the amount of his con-
tract, less any retained percentage pro-
vided for therein.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Special Session, June 17, 1985
351
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 197-85
WHEREAS, the contract for the
Dubuque Dog Racing Facility, Off-Site
Sanitary Sewer, Watermaln, and Storm
Sewer has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, notices
and inspection and all miscellanous
NOW, THEREFORE. BE IT RE-
SOLVED, by the City Council of the Ci-
ty of Dubuque, Iowa:
Section 1. That the cost of said im-
provements is hereby determined to be
$3~515.23 and that said amount shah
be paid from the General Obligation
Bonds of the City of Dubuque, low~
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending acceptance of the Off-
Site Roadway Improvements for the
Dubuque Racing Facility, presented
and read. Council Member Kronfeldt
moved that the conunanlcatlon ha
received and filed. Seconded by Council
Member Delch. Carried by the follow-
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner.
Kronfeldt, Manning.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 198-85
WHEREAS. the contract for the
Dubuque Greyhound Park Off-Site
Roadway Improvements has been com-
pleted and the City Manager has ex-
amined the work and filed his certificate
stating that the same has been com-
pleted according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the Ci-
ty 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 General Obligation Bonds in
amount equal to the amount of his con-
tract, less any retained percentage prc~
vlded for therein.
Passed, adopted and approved this
17th day of June. 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 19985
WHEREAS, the contract for the
Dubuque Greyhound Park Off-Site
Roadway Improvements has been com-
pleted and the City Engineer has sub-
352
Special Session, June 17, 1985
mitred his final estimate showing the
cost thereof including the cost of
estimates, notices and inspection and
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 ira-
provement is hereby determined to be
$360,712.90 and that said amount shall
be paid from the General Obligation
Bonds of the City of Dubuque, Iowa.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
hers Deich, Hammel, Kluesner,
Kronfeldt. Manning.
Nays--None.
Communication of City Manager
recommending acceptance of the con-
tract for the Peru Road and Kennedy
Court Sanitary Sewer, presented and
read. Council Member Dcich moved
that the conununlcatlon be received
and filed. Seconded by Counc'd Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bets Deinh, Hammel, Kinesner,
Kronfeldt, Manning.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 200-85
WHEREAS, the contract for the
Peru Road-Kennedy Court Sanitary
Sewer has been completed and the City
Manager has examined the work and
filed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its ac-
ceptance.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the Ci-
ty of Dubuque. Igwa, 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 Sanitary Sewer Construction Fund
in amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, adopted and approved tMs
17th day of June, 1985.
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
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 201-85
WHEREAS, the contract for the
Peru Read-Kennedy Cour~ Sanitary
Sewer has been completed and the City
Engineer has submitted his final
esthnate showing the cost thereof in-
cludlng the cost of estimates, notices,
inspection, mlereilaneous costs, and
preparing the assessment and plat.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the Ci-
ty of Dubuque:
Section 1. That the cost of said im-
provement is hereby determined to be
$115,235.1Z
Section 2. That $4~ 649.42 of the cost
thereof shall be assessable upon private
property and $74,585.75 shall be paid
from Sanitary Sewer Construction
Fun~
Passed, adopted and approved th~s
17th day of June, 1985.
James E. Brady
Mayor
Special Session, June 17,1985
353
ATTEST:
Mary A. Davis
City Clerk
Council Member Delch moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 202-85
A Resolution Adopting the Final
Assessment Schedule for Peru Road-
Kennedy Court Sanitary Sewer, in-
cluding certain information required by
the Code of Iowa, spe~Bcully, the
Number of Annuul Installments into
which Assessments are divided, the
Interest on ull unpaid instullmente,
the Time when the Assessments are
payable and Direot'mg the Clerk to
certify the Final Schedule and to
Publish Notice thereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That after full consideration of the
final schedule of assessments and ac-
companying plat showing the
assessments proposed to be made for
the construction of the Peru Road-
Kennedy Court Sanitary Sewer under
contract with Tschlggfrie Excavating
of Dubuque, Iowa, which final plat was
filed in the office of the City Clerk on
the 12th day of June, 1985, that said
schedule of assessments he and the
same is hereby approved and adopted.
That there be, and is hereby assessed
and levied as a special tax against and
upon each of the lots, the respective
sums indicated. Provided. further, that
the amounts shown in said final
schedule of assessments as deficiencies
are found to he proper and are levied
conditionally against the respective
properties benefitted by the im-
provements as shown in the schedule,
subject to the provisions of Section
384.63, Code of Iowa. Said assess-
ments against said lots are hereby
declared to be in proportion to the
special benefits conferred and not in ex-
cess of twenty4ive percent of the value
Assessments of $50.00 of mere are
payable in 10 equal annual in-
stallments, with interest on the unpaid
balance, all as provided in Section
384.65, City Code of Iowa. Conditional
deficiency assessments, ff any, may be
levied against the applicable property
for the same period of years as the
assessments are made payable.
Assessments may be paid in full or
in part without interest at the office of
the County Treasurer, at any time
within 30 days after the date of the
first publication of this notice of the
filing of the final plat and schedule of
assessments with the County
Treasurer. Unless said assessments are
paid in full within said thirty days
~eriod all unpaid assessments will draw
annnal interest computed at 12 percent
commending on the date of acceptance
of the work) computed to the December
1st next following the due dates of the
respective installments. Each install-
ment will be dellquent on September
30th following its due date on July 1st
in each year. Property owners may elect
to pay any annual installment semian-
nuully in advance.
That the City Clerk be and is hereby
directed to certify said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said cer-
ti//cation once each week for two con-
seeutive weeks in the manner provided
in Section 362.3, the first publication of
which shall be not more than fifteen
days from the date of filing of the final
schedule. The City Clerk shall also send
by certified mail to property owners
whose property is subject to
assessment a copy of said notice, and
mailing to be on or before the date of
the second publication of the notice, all
as provided and directed by Section
384.60 of the Code of Iowa.
Passed, adopted and approved this
17th day of June, 1985.
James E, Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
354
Special Session, June 17, 1985
PERU ROAD - KENNEDY COURT SANITARY SEWER
OWNER LOCATION ASSESSMENT
KENNEDY SUBDIVISION
Dale G. & Carla E. Link 1 2.903.53
Carl Wayne & Deborah J. Miller 2 2,902.53
Richard J. & Margaret A. Spautz 3 2,903.33
Michael J. Ries 4 2,903.33
Leroy W. & Jeanne M. Reeg 5 2,903.52
Herbert J. Jr. & Rita A. Bisping 1 of 3 2,903.53
Council Member Delch moved adap-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the fallowing vote:
Yeas--Mayor Brady, Council Mem-
bets Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub-
mitring Ordinance to increase the fine
for illegal Alley parking from $2.00 to
$5.00, presented and read. Council
Member Kconfeldt moved that the com-
munlcation be received and filed.
Seconded by Counc'd Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances by enacting new
subsections (1) and (5) of Section 25-274
in lieu thereof providing a penalty for fl-
legal Alley parking, presented and read.
Council Member Kronfeldt moved that
the reading just had be considered the
first reading of the Ordinance, that the
nde requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action is
taken, be dispensed with and final adap-
tion of the Ordinance. Seconded by
Council Member Manning. Vote on the
motion was as follows:
Yeas--Council Member Kluesner,
Kronfeldt, Manning.
Nays--Mayor Brady, Council
Members Deich, Hammel.
MOTION FAILED - ORDfNANCE
NUT ENACTED.
Communication of City Manager sub-
mltting Ordinance allowing Banners on
City-owned Light Standards through-
out the downtown area, presented and
read. Counc'd Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council Member
Delch. Carried by the following vote:
Yeas--Mayar Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kconfeldt, Manning.
Nays--None.
ORDINANCE NO. 38-85
AN ORDINANCE AUTHORIZING
THE DUBUQUE DOWNTOWN
ASSOCIATION TO INSTALL
PUBLIC INTEREST BANNERS ON
CITY4)WNED LIGHT STANDARDS
THROUGHOUT THE DOWNTOWN
AREA, presented and read. Council
Member Kronfcidt moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kcenfeldt, Manning.
Nays--None.
Council Member Kronfoldt moved
that the rule requiring an Ordinance to
he presented and read at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Delch. Carried by the
Special Seseio~ June 17,1985
following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hummel, Kluosner,
Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 38~5
AN ORDINANCE AUTHORIZING
THE DUBUQUE DOWNTOWN
ASSOCIATION TO INSTALL PUB-
LIC INTEREST BANNERS ON
CITY-OWNED LIGHT STAN-
DARDS THROUGHOUT THE
DOWNTOWN AREA·
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Dubuque
Downtown Associatinn as owners of
the banner system are hereby granted
the revocable permit and authority to
install and maintain banners on City
light standards throughout the down-
town area on written application and
written approval by the City Manager
under the terms and conditions set
forth in this Ordinance.
Section 2. That such installation
shall be done in accordance with pkins
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the
City Manager, and in accordance with
all applicable 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 permittees' agreement to:
a) Assume m~y and all liability for
damages to persons or property which
may result from the existence, loca-
tion, installation, construction or main-
tenance of said banner system;
b) Pay on behalf of the City of
Dubuque, all stuns which the City of
Dubuque shah become obligated to
pay by reason of the llabillty imposed
upon the City of Dubuque for damages
of any kind resulting from the loca-
tion, installation, existence, construc-
tion or maintenance of said banner
system sustained by any person or per-
sons, 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, con-
struction or maintenance of said ban-
ner system and to pay reasonable
attorney fees therefore; and
c) Indemnify and hold the City of
Dubuque free and harmless from any
and all claims, loss, liability and
expense for death and/or injmqes to
.third persons or damages to property
of third persons, or for damage to any
property of the City of Dubuque which
tion with the location, installation,
construction, maintenance and repair
of the banner system 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 successors in interest, shall within
ten (10) days after receipt of written
notice from the City Manager, so to
banner system and in the event of
their failure so to do, the City of
Dubuque shall be authorized to
remove said banner system at permit-
tees' expense and dispose of the same,
and the permittee shall have no claim
against the City or its agents for dam-
ages resulting from the removal of said
banner system.
Section 5. That permittses conven-
ant and agree that the revocable per-
mit herein granted does not constitute
an approval of the design, erection,
location, construction, repair or main-
tenance of said banner system and said
permittees hereby convenant and agree
against the City of Dubuque in the
event of claim asserted for death, per-
senal injuries and/or property damage
against the permittees arising out of or
in any way connected with the loca-
tion, installation, construction, design,
repair and maintenance of the facil-
ity herein permitted.
Section 6. This Ordinance shall
become effective and the rights here-
town Association when this Ordinanc6
has been adopted by the City Council
and the terms and conditions thereof
accepted by permittees by acceptance
endorsed on this Ordinance.
Section 7. That the City Clerk be
and is authorized and directed to file
at permittees' expense a copy of this
Ordinance in the office of the Recorder
n and for Dubuque Couhty, Iowa.
Passed, approved and adopted this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE
NO, 38-85
The undersigned having read and
356
Special Session, June 17, 1985
being familiar with the terms and con-
litions of Ordinance No. 38-85 hereby,
for themselves, their successors and
assigns, accept the same and agree to
be bound by the conditions and agree-
ments therein contained to be per-
formed by permittees.
Date: July 19, 1985
BY: Terrance James Sullivan
President,
Dubuque Downtown Association
Published officially in the Telegraph
Herald newspaper this 24th day of
July, 1985.
Mary A. Davis
City Clerk
It 7/24
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member Deich
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Deich, Hammel, Kluesner
Kronfeldt, Manning.
Nays--None.
Communication of City Manager re-
questing concurrence for the City's pro-
posed legislative statement for 1986 to
be submitted to the Iowa League of
Municipalities for their consideration in
developing their legislative priorities
for the 1986 session of the state
legislature, presented and read. Council
Member Kronfeldt moved that the com-
munication be received and flied and
concur with the City's statement.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Council Member Kronfeidt moved to
remove from the table the 28E Agree-
ment pertaining to Operation: New
View. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Communication of City Manager
recommending adoption of 28E Agree-
ment pertaining to Operation: New
View, as drafted by State Office of
l~unfing and Progremming, presented
and read. Council Member Kronfeids
moved that the communication be
received and filed and approved as
presented, also the amendment and
revisions which were added by the
County Board of Supervisors. Second-
ed by Council Member Manning. Car-
fled by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
APPOINTMENT TO FILL THE
VACANCY OF COUNCIL MEMBER
BEURSKENS - Council Member Deich
moved to receive and file the com-
muhieation of Jerry Robinson remov-
ing himself from applying for the
vacancy on the Council. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Council Member Hammei moved that
they move to the end of the Agenda the
nmtter of the City Council appoint-
ment. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Council Members Deich, Ham-
mei, Kluesner, Manning.
Nays--Mayor Brady, Council Mem-
ber Kconfeldt.
Council recessed-9:26 P.M.
Council reconvened 9:41 P.M.
Petition of William Baum, Executive
Director of E.C.I.A. requesting Council
submit their representative's name to
the membership of DMATS Barge
Fleeting Committee, presented and
read. Council Member Kluesner moved
that the petition be received and filed
and Jim Brady be the Council's
representative to DMATS Barge
Fleeting Committee. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Delch, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Appointment to fill the vacancy of
Thomas Beurskens on the Dubuque In-
Futuro Greater Dubuque Development
and Convention end Tourism Bureau,
wesented. Council Member Kluesner
Special Session
moved to defer this appointment until
the July 1st Council Meeting. Second-
ed by Council Member Kronfeldt. Car-
fled by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 203-85
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the following having complied with
the provisions of law relat'mg to the sale
of Cigarettes withln the City of Dubu-
que, Iowa, be granted a permit to sell
Cigarettes and Cigarettes Papers
within said City.
June 17, 1985
357
358
Special Session, June 17, 1985
Lucky 13 385 E, 13~h St.
My-Cap Vendors, Inc.
Marco's Itel. & Amer, l~st. Food 2022 Central
My. Cap Vendors, Inc.
My-Cap Vendors~ Inc.
My-Cap Vendors. Inc.
My-Cap Vendors, Inc.
My-Cap Vendors, Inc.
MY-Cap Vendors, Inc.
My-Cap Vendors, Inc.
My-Cap Vendors, Inc.
David Hoffman
White House Tap 450 West Locust St.
Mary Lou Kemp
Corner Tavern 400 Centr~] Ave.
Msrvel I. Kennedy
Kennedy's Tap 34th end Jackson St.
Geraid Kirchberg
Pop A Top Lounge 3203 Jackson St.
Pamela Knourek - Tammy Edens
Kenneth J. Love
Grand Tsp 802 Central Ave.
Vincent W. Mescher
Mescher &Tench Grocery 1233 Rhomberg Ave.
Whitey's Ba~X 2616 Wind,or Ave.
Judith M. Sandidge
The Pump 1301 Rhomberg Ave,
Soupy's, Inc.
Hudson's 2095 Kerper Blvd.
Oky Doky #15 1545 S. Grandview Ava.
Earl Schumechsr
Oky Doky #5 2204 Central Ave.
Earl Schumacher
Thompson's Fcod Market ~1 250 West 1st St,
TFM Co.
Oky Doky 36 1250 Iowa St.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
hers Daich, Hammel, Kluesner,
Kronfeldt, M annin~g.
Nays--None.
RESOLUTION NO. 204~5
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 ~n-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Special Sessior June 17, 1985
359
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B' BEaR PaRMIT
aubuque Noon Kiwanis Club (Also Sunday Sales)
McAteece Field
Catherine M. Meyer
Meyer's Tavern 530 E. 22nd St.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Heich. Hammel, Kluesner,
Kconfoldt, Manning.
Nays--None.
RESOLUTION NO. 205-85
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 in-
spected and found to comply with the
State Law and ali City Ordinances rele-
vant thereto and they have filed proper
bends;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
C/ty of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
kTTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Communication of Planning and Zon~
lng Commiseion approving final Plat of
Lots 1 through 4, Curler Subdivision,
formerly known as Lot i of Katherine
Place in the City of Dubuque, located in
the 2700 Block of Shiras Avenue,
presented and read. Council Member
Manning moved that the conununica-
t/on be received and filed. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 206-85
Resolution approving the Final Plat
of Curler Subdivision, Lots 1
through 4 in the City
o! Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a final plat of the
Curler Subdivision. Lots 1 through 4
in the City of Dubuque, and
WHEREAS, said final plat has been
examined by the City Planning and
Zoning Commission and had its ap-
proval endorsed 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
Cur/er Subdivision, Lots 1 through 4 in
the City of Dubuque, Iowa, formerly
known as Lot i of Katharlne Place in
the City of Dubuque be and the same is
hereby approvec~ and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said plat.
Passed, adopted and approved this
17th day of June, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
MINUTES SUBMITTED: Airport
Commission of 5-23, Cable Co~nmunity
Teieprogrammlng Comm. of 6-4; Dock
Commission of 5-29; Fire Pension and
Retirement Board Meeting of 5-24; Five
Flags Commission of 5-20; Mechanical
Board Meeting of 5-28, Zoning Board of
Adjustment of 5-28 & 6-6, Planning and
Zoning Comxn. of 6-5, Park and Recrea-
tion of 6-11, presented and read. Coun-
dl Member Manning moved that the
minutes be received and filed. Seconded
Special Session, June 17, 1985
i by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammal, Kluesner,
Kronfeldt, Manning.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Stoven A. Carnahan, in amount
of $50,000 for personalinjurles and prc-
perry damages; Norma Furry in
amount of $31.20 for reimbursement
charges; Barbara Kretschmer in
unknown amount for personal injuries;
Timothy Mathews in amount of
$207.02 for car damages; Robert and
Mary Miller in amount of $1,271.46 for
personal injuries and property
damages; Joseph A. Schubert in
unknown amount for personal injuries;
Kevin Vanderah in amount of $35,000
for personal injuries, pain and suffering
and property damages; Jane Wagner in
amount of $512.44 for backed-up sewer
damages; Woodward Communications
advising if found liable in Henry Haas
III claim, they will be entitled to full
and complete indemnity from the City
for all amounts paid; Clinton Federal
Savings and Loan Association vs
David M. and Ke]li A. Farber and City
of Dubuque submitting Foreclosure
Petition, presented and read. Council
Member Manning moved that the
claims and suits be referred to the
Legal Staff for investigation and
report. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammal, Kluesner,
Reonfeldt, Manning.
Nays--None.
Prcof of publication, certified to by
the Publisher. on List of Claims for
month of April, 1985, presented and
read. Council Member Manning moved
that the proof of publication be received
and fried. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Delch, Hammel; Kluesner,
Kronfeldt, Manning.
Nays--None.
Communication of Corporation Coun-
sel Lindahl recommending denial of
sewer back-up claim of Jane and Greg
Luchsinger; Advising personal injury
claim of Cecilia Amerine has been paid;
Enclosing recent decision of the Iowa
Special Session June 17, 1985
361
Court of Appeals affirming the
District Court judgement in the mat-
ter of Bird Chevralet, et al, vs. the Ci-
ty, presented and read. Council
Member Manning moved that com-
munication be received and filed and
approved the denial. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--None.
Communication of City Manager sub-
mitting Financial Reports for the
month of May, 1985, presented and
read. Council Member Manning moved
that the communication and reports be
received and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfoldt, Manning.
Nays--None.
Communications of Corporation
Counsel Lindahl recommending denials
of following claims: Personal injury
claim of Ruth Herr; Property damage
claim of Mr. & Mrs. Donald McCoy;
Property damage claim of Michael Nim-
mick; Property damage claim of Peter
and Elizabeth Takes and Personal in-
jury claim of Reoa VanNatta, presented
and read. Council Member Manning
moved that the communications be
received and filed and denials approved.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner
Kronfoldt, Manning.
Nays--None.
APPOINTMENT TO FILL
VACANCY OF COUNCIL MEMBER
BEURSKENS. - Applicants: Brenda
Bernal, Robert Fiech, Bruce Kizzie~
John Klauer, Donald Lochner, Ferd
Nesler, Michael Pratt, Emil "Mike"
Stackis. Ms. Bernal was not in atten-
dance but other applicants given time
for a presentation and time to answer
questions of Council Members. ARer
questioning and discussion, Council
Member Manning moved that Mike
Stackis be appointed to fill the vacancy
of Tom Beurskens to the next "pending
election" on November 5, 1985. Second-
ed by Council Member Deicb. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Kluesner, Kronfeidt, Mann-
Nays--Council Member Hammel.
Mayor Brady administered the oath
of office to newly appointed Council
dember Emil Stackis.
10:39 P.M. Council Member
Kranfcldt moved to go into Closed Sea-
s~on, in accordance with Chapter
21.5(1), to discuss matters which are
~resently in pending litigation, second-
ed by Council Member Manning. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Kronfoldt, Manning, Stackia.
Nays--None.
10:48 P.M. Council reconvened.
There being no further business,
Council Member Manning moved to ad-
journ. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammal, Kluesner,
Kronfoldt, Manning, Stackis.
Nays--None.
Mary A. Davis
City Clerk
Approved __ _1985
Adopted _1985
Mayor
Coun(il Members
ATTEST:
City Clerk
Regular Session, July 1, 1985
363
CITY COUNCIL
OFFICIAL
Regular Session, July 1, 1985.
Counc'd Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Daich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis, 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 MONTHLY MEETING
OF THE CITY COUNCIL called for
the purpose to act upon such business
which may properly come before the
Council.
The invocation was given by Rev.
Duane Manson, Chaplain of Luther
Manor.
PROCLAMATIONS: Month of July
as "National Recreation and Parks
Month" received by Gil Spence,
Week of July 7-13 as "Elderhostel
Week" received by Inga Schilling.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kronfaldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Delch, Hamniel, Kluesner,
Kronfoldt. Manning, Stackis.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public Hear-
iag amending the Zoning Ordinance to
rezone property at 3400 Asbury Road
~'om R-4 Malti-Family to OR Office
Residential, presented and read. Coun-
~l Member Kluesner moved that the
proof be received and filed. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Council Members Kluesner,
Kronfeldt, Manning, Stackis.
Nays--Mayor Brady, Council
Members Deich, Hammel.
PetiCwn of Mary Kay Ernst et al(con-
taining approx. 88 signatures) objec~
ting to Helle Klosterman petition to
rezone property known as Lots 4, 5, 6,
and 7, Block 1 and 2 Westchester Sub-
division located on the south side of the
3400 Block of Asbury Road in the City,
presented and read. Mary Kay Ernst,
Tom Schweikert, Art Doian, Tom Pre-
chaska objected to the proposed rezon-
ing. Attorney Mike King, on behalf of
Homer Butt & Turnqnists, as well as
Roger Klosterman and Ron Helle re-
quested favorable consideration of
rezoalng. Council Member Kluesner
moved that the petition be received and
filed. Seconded by Council Member
Kronfoldt. Carried by the following
Yeas--Council Members Kluesner,
Kronfeldt, Manning, Stackis.
Nays--Mayor Brady, Council
Members Delch, Hammcl.
An ORDINANCE Amending the
Code of Ordinances by reclassifying
property located in the 3400 Block of
Asbury Road from "R-4 Multi-Family
Residential District" to "OR Office
Residential District", said Ordinance
having been presented at the Council
Meeting of June 17, 1985, presented for
further action. Council Member
Kluesner moved that the rule requiring
an Ordinance to be presented and read
at two meetings prior to the meeting
when final action is ~ken, be dispensed
with and final adoption of the Or-
dinance. Seconded by Council Member
Kronfeidt. Vote on the motion was as
follows:
Yeas--Council Members Kluesner,
Kronfcldt, Manning.
Nays--Mayor Brady, Council
Membexs Delch, Hammel, Stackis.
MOTION FAILED.
Council Member Kluesner moved
that the reading just had be considered
the second reading of the Ordinance.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Council Members Kluesner,
Kronfeidt, Mamaing, Stackis.
Nays--Mayor Brady, Council
Members Deich, HammeL
Proof of publication, certified to by
the Publisher, on Notice of Public Hear-
iag to amend Zoning Ordinance to pro-
vide for definitions of "Grocery Store"
and "Supermarket", presented and
read. There were no written objections
received and no oral objectors present
at the time of the Hearing. Council