1985 November Council Proceedings552
Special Session October 28, 1985
Regular Session, November 4, 1985
CITY COUNCIL
OFFICIAL
Regular Session, November 4, 1985.
Council met at 7:30 p.m., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Dalch, Hammal, Kluesner,
Manning, Stackis, City Manager W.
Kenneth Gearhart, Corporation Counsel
Barry A Lindald.
Absent: Council Member Kronfeldt.
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 proper-
ly come before the Council.
The Invocation was given by Rev.
Kenneth Hindman, Pastor of
Westminster Presbyterian Church.
PROCLAMATIONS: Month of
November as "Alzhalmer's Disease
Month" received by Mrs. Arthur Nagel.
Terri Reese and Rob Apel gave a presen-
tation of a Special Community Award
from the Iowa Travel Council.
Council Member Deich moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel. Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider rezoning of property located
at 2730 Dodge St. from R-1 to C-3
Classification, presented and read. No
written objections were received and no
oral objectors were present at the time
of the Hearing. Jim Egger, representing
the Super 8 Motel, requested favorable
consideration of the proposed rezoulng.
Council Member Deich moved that the
proof of publication be received and fil-
ed. Seconded by Council Member
Stackis. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hanunel, Kluesner,
553
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
ORDINANCE NO. 73-85
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
"ZONING ORDINANCE AND ZON-
lNG MAP OF THE CITY OF DUBU-
QUE, IOWA" BY RECLASSIFYING
HEREIN AFTER DESCRIBED PRO-
PERTY AT 2730 DODGE FROM R-1
SINGLE-FAMILY RESIDENTIAL
DISTRICT TO C-3 COMMERCIAL
DISTRICT, said Ordinance having been
previously presented and read at the
Council Meeting of October 21, 1985,
~resented for final action.
(OFFICIAL PUBLICATION )
ORDINANCE 73-85
AN ORDINANCE OF THE CITY OF
DUBUQUE IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS "ZONING ORDI-
NANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA",
BY RECLASSIFYING HEREIN
AFTER DESCRIBED PROPERTY
AT 2730 DODGE FROM R-1 SIN-
GLE - FAMILY RESIDENTIAL
DISTRICT TO C-3 COMMERCIAL
DISTRICT.
]E IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Timt the Code of Ordi-
aances 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 to reclassify herein
after described property from "R-1 S-
FRD" classification to "C-3 Commer-
cial District" classification, to wit:
Lot 2 of Lot ~ of Lot 1 of Block 1 of
Plaza 20; and ali of Lot 1 and Lot 2
of T~i - Co. Inc. Place No. 1 and all
of Lot I and Lot 2 of Tri - Co. Inc.
Place No. 2 except the westerly 210
feet thereof; all in the City of
Dubuque, Iowa.
Section 2. That the foregoing
approved by the Plamfing and Zoning
554
Regular Session, November 4, 1985
Commission of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED this 4th day of
November, 1985.
ATTEST: James E. Brady
Mary A. Davis Mayor
City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of
November, 1985.
Mary A. Davis
City Clerk
Council Member Deich moved final
adoption of the Ordinance. Seconded by
Council Member St ackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kfuesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Prcof of publication, certified to by the
Publisher, on Notice to Bidders of the
receipt of bids for the construction of
Chaplain Schmitt Memorial Island
Ballpark Complex, Facilities Building
AND Communication of City Manager
recommending to award contract for
project, presented and read. Council
Member Kluesner moved that the
proof of publication and communication
be received and filed. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammal, Kfuesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
AWARDING CONTRACT
RESOLUTION NO. 368-85
WHEREAS. sealed proposals have
been submitted by contractors for the
CITY ISLAND BALLPARK COM-
PLEX FACILITIES BUILDING pur.
suant to Resolution No. 318-85 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the llth day of Oc-
tober, 1985.
WHEREAS, said sealed proposals
were opened and read on the 22nd day
of October, 1985 and it has been deter-
mined that the bid of TOTAL STRUC-
TURES of Dubuque, Iowa in the
596.00 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
RESOLVED by the City Council of the
City of Dubuque, Iowa:
That the contractor for the above ira-
provement be awarded to TOTAL
STRUCTURES and the Manager be
and is hereby directed to execute a con-
tract on behalf of the City of Dubuque
for the complete performance of the
work.
RESOLVED:
That upon signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
to return the bid deposits
nsuccessful bidders.
Passed, approved and adopted this
4th day of November 1985.
James E. Brady
Mayor
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
Members Deich, Hammal, Khiesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of City Manager re-
questing Council authorization for
of all the unprogra~nming
UMTA Sections 5, 9, and 9A Capital
Assistance Funds from the Dubuque Ur-
banized Area account to the Iowa City
Urbanized Area account subject to cer-
taln assurances which will protect the
interests of the City of Dubuque,
presented and read. Council Member
Khiesner moved that the communica-
tion be received and filed. Seconded by
Council Member Manning. Carried by
the fallowing vote:
Yeas--Mayor Brady, Council
Regular Session,
Members Deich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
RESOLUTION NO. 369-85
AUTHORIZING TRANSFER OF
UMTA CAPITAL ASSISTANCE
FUNDS FROM DUBUQUE URBANIZ-
ED AREA ACCOUNT.
WHEREAS, the City of Dubuque cur-
rently has $619,118 in the bank plus the
FY 1986 allocation forthcoming in for-
mula federal financial assistance (Sec-
tions 9 and 9A) for capital or planning
expenditures available to it in the Dubu-
que urbanized area account maintained
by the Urban Mass Transit Admidistra-
tion (UMTA) plus $214,787 currently on
loan to other Iowa transit systems; and
WHEREAS, the bulk of this formula
assistance has been saved by the City
of Dubuque to finance needed im-
provements to the Keyline maintenance
facility as programmed in the City's
Capital Improvement Program; and
WHEREAS, officials of UMTA have
suggested that an alternate source of
funding (Section 3 Discretionary Capital
Assistance may be made available for
the garage rehabilitation project so the
formula funds originally intended for
that purpose can be used for other need-
ed transit projects in the State of Iowa
provided that Dubuque can show no
funds available in its account with
UMTA: and
WHEREAS, officials of the Iowa
Department of Transportation and the
City of Iowa City have indicated that
they will assure that the City of Dubu-
que is held harmless in this transaction
both in terms of the amount of local Ci-
ty of Dubuque matching funds required
for the garage project if discretionary
funds are awarded and the return of
Dubuque's formula funds if discre-
tionary funds are not awarded.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Iowa Depart-
ment of Transportation and the Urban
Mass Transit Administration are
authorized to transfer all unprogramm-
ed Sect~on 5, 9, and 9A capital assistance
[ovember 4, 1985 555
funds from the Dubuque urbanized area
to the Iowa City urbanized area account
contingent upon receipt of written
assurances from the Iowa Department
of Transportation and the City of Iowa
City that: (a) such funds will be return-
ed to the City of Dubuque ifa Section
3 grant for the garage rehabilitation is
not awarded to the City of Dubuque; (b)
all required non-federal matching funds
in excess of 20% of the net project cost
shall be paid by parties other than tke
City of Dubuque ifa Section 3 grant is
awarded; (c) the City of Iowa City will
transfer back to the City of Dubuque
any difference between the amount
transferred to the City of Iowa City and
the federal amount of any approved See
Hen 3grant; and (d) a loan from tke Iowa
Department of Transportation's capital
match bank will be provided to allow the
City to spread repayment of the required
local match for a Section 3 grant over the
time f~me originally programmed in the
City's Capital Improvement Program.
Passed, approved and adopted this
4th day of November, 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
Members Deich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of City Manager
recommending Council authorize the ex-
penditure of $1000 to assist the League
of Iowa Municipalities in developing a
group liability insurance program for
Iowa Cities, presented and read. Coun-
cil Member Deich moved that the com-
muaication be received and filed and ex-
penditure authorized. Seconded by coun-
cil Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, CounciI
Members Deich, Hammel, Khiesner,
Manning, Stackis.
Nays--None.
556 Regular Sessio___~n, November 4 1985 __
Absent--Council Member Kronfeldt CIL OF THE CITY OF DUBUQUE,
Communication of City Manager re-
questing approval of proposed design for
relocated U.S. 61 and U.S. 151 from
Grandview Ave. to 7th Street, presented
and read. Council Member Kfueaner
moved that the communication be
received and filed. Seconded by Council
Member Delch. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent-Council Member Kronfaldt.
RESOLUTION NO. 370-85
RESOLUTION RECOMMENDING
ADOPTION OF PROPOSED DESIGN
AS AMENDED OF THE RELOCATED
U.S. 61 AND U.S. 151 BETWEEN
GRANDVIEW AVENUE AND
SEVENTH STREET IN THE CITY OF
DUBUQUE, IOWA.
WHEREAS. a design public hearing
was held on August 28, 1985 to discuss
the proposed relocation of U.S. 61 and
U.S. 151 between Grandview Avenue
and Seventh Street; and
WHEREAS, the Iowa Department of
tr~msportation staff and engineers have
made modifications in design to provide
railroad service to industrial accounts on
Washington Street and industrial ac-
counts on Salina Street; and
WHEREAS, the Iowa Department of
Transportation staff and engineers have
responded to other concerns expressed
by participants at the hearing on
August 28 and written responses receiv-
ed subsequent to the hearing; and
WHEREAS, the Iowa Department of
Transportation staff and engineers are
reviewing alternatives to minimize the
length of time the Julien Dubuque
Bridge and related approaches will be
out of service; and
WHEREAS, the proposed design as
amended meets the transportation
desires of the community; and
WHEREAS, the design is in confor-
mance with the 1990 Transportation
Plan as amended to the year 2008.
NOW, THEREFORE, BE IT
REsoLVED BY THE CITY COUN-
IOWA:
That the design of the proposed
relocation of U.S. 61 and U.S. 151 bet-
ween Grandvlew Avenue and Seventh
Street is hereby approved.
That ~he Iowa Department of
Transportation commissioners be urged
to adopt the proposed design of this
)base of the project as amended.
That the Iowa Department of
Transportation commissioners be en-
couraged to approve a funding program
that will allow expediaut construction of
both Phase I and Phase II of this pro-
iect through the City of Dubuque, Iowa.
That the Mayor be directed and
authorized to sign tho attached com-
municatinn to the Iowa Department of
Transportation commissioners ap-
planding the efforts expended by the
department in planning and designing
this fucJlity, and pledging cities full sup-
~ort for the project.
Passed, approved and adopted this
4th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kfuesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammei, Kfuesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of City Manager sub-
mitring Ordinance granting an easement
to the Illinois Central Gulf and Railroad
Co. to construct, maintain and operate
a railroad track along Kerper Blvd. ser-
ving the industrial customers in that
area, presented and read. Council
Member Kfuesner moved that the com-
municatinn be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Manning, Stackis.
Regular Session, November 4, 1985
Nays--None.
Absent--Council Member Kronfeldt.
ORDINANCE NO. 74-85
AN ORDINANCE REPEALING OR-
DINANCE NO. 52-81 WHICH
GRANTED THE RAILROAD EASE-
MENT TO CONTI--CARRIERS AND
TERMINALS, INC. AND HODGE
TRANSIT WAREHOUSE COMPANY
TO LAY DOWN, OPERATE AND
MAINTAIN AN INDUSTRIAL TRACK
ALONG KERPER BLVD. AND TO
ENACT A NEW ORDINANCE WHICH
WOULD GRANT AN EASEMENT
RIGHT FOR THE CONSTRUCTION
AND/OR OPERATION OF A
RAILROAD TRACK IN THE SAME
LOCATION TO THE ILLINOIS CEN-
TRAL GULF RAILROAD CO.,
CHICAGO, ILLINOIS, presented and
Council Member Kfuesner moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammei, Kfuesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Council Member Kluesner moved that
the rule requiring an Ordinance to be
presented and read at two meeting prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Khiesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
ORDINANCE NO. 74-85 AS OF
~ FEBRUARY 1, 1986 HAS NOT BEEN
~ PUBLISHED AND THEREFORE IS
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Deich. Carried by the
following vote:
557
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kfuesner,
Manning, Stackls.
Nays--None.
qbsent--Council Member Kronfeldt.
Communication of City Manager sub-
mitthig Ordinances regarding proposed
traffic contrul for Cedar Cross Road
following the opening of the Cedar Cross
Road Bridge, presented and read. Coun-
cil Member Hammel moved that the
be received and filed.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt,
ORDINANCE NO. 75-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
AMENDING SUBSECTION (b) OF
SECTION 25-210 AND SUBSECTION
(b) OF SECTION 25-212 THEREOF
PROVIDING FOR THE DESIGNA-
TION OF STOP SIGNS AT THE IN-
TERSECTIONS OF STARLIGHT
DRIVE AND CEDAR CROSS ROAD,
AND STARLIGHT DRIVE AND
CRESCENT RIDGE, presented and
read.
Council Member Hammel moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Stackis. Carrled
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Manning, Stackls.
Nays--None.
Absent--Council Member Kronfeldt.
Council Member Hammel moved that
the rule requiring an Ordinance to be
presented and read at two meeting prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Stackis. Caroled by the
558 Regular Session November 4, 1985
following vote:
Yeas--Mayor Brady, Council
Members Deich, I-Iammal, Kluesner,
Manning, Stackis,
Nays--None.
Absent--Council Member Kronfeldt.
ORDINANCE NO. 75-85
(OFFICIAL PUBLICATION)
ORDINANCE NO, 75-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
AMENDING SUBSECTION (b) OF
SECTION 25-210 AND SUBSEC-
TION (b) OF SECTION 25-212
THEREOF PROVIDING FOR THE
DESIGNATION OF STOP SIGNS
AT THE INTERSECTIONS OF
STARLIGHT DRIVE AND CEDAR
CROSS ROAD, AND STARLIGHT
DRIVE AND CRESCENT RIDGE.
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 deleting Starlight Drive
and Cedar Cross Road, and Starlight
Drive and Crescent Ridge from Sub-
section (b) of Section 25-212 thereof as
follows:
"Sec. 25-212. Yield Interesec-
(b)
Eastbound Vehicles
Starlight Drive and Cedar Cross
Road
Westbound Vehicles
Starlight Drive and Crescent
Ridge."
Section 2. That the Code of Ordi-
nantes of the City of Dubuque, Iowa
be amended by adding Starlight Drive
and Cedar Cross Road, and Starlight
Drive and Crescent Ridge to Subsec-
tion (b) of Section 25-210 thereof as
follows:
"Sec. 25-210. Stop Intersections.
(b)
EASTBOUND
Starlight Drive and Cedar Cross
Road
WESTBOUND
Starlight Drive and Crescent
Ridge.7
Section 3. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by deleting Cedar Cross
Road and Crescent Ridge from Sub-
section (b) of Section 25-210 thereof
as follows:
"Sec. 25-210. Stop Intersections.
(b)
NORTHBOUND
Cedar Cross Road and Crescent
Ridge."
Section 4. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by deleting Frontage
Road, south side of U.S. Highway 20
and Brunskiil Road; Frontage Road,
south side of U.S. Highway 20 and
Crescent Ridge; and Brunskill Road
and Frontage Road on the south side
of U.S. Higbway 20 from Subsection
(b) of Section 25~210 thereof as fol-
lows:
"Section 25-210. Stop Intersee-
(b)
EASTBOUND
Frontage Road, ~uth side of U.S.
Highway 20 and Brunskffi Road
Frontage Road, south side of U.S.
Highway 20 and Crescent Ridge
NORTHBOUND
Brunskill Road and Frontage Road
on the south side of U.S. Highway
PASSED, APPROVED AND
ADOPTED this 4th day of November,
1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of
November, 1985
Mary A. Davis
City Clerk
Council Member Hammel moved that
final adoption of the Ordinance. Second-
ed by Council Member Stackis. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Dei~h, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
ORDINANCE NO. 76-35
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA,
Regular Session, November 4, 1985
BY AMENDING SUBSECTION (c) OF
SECTION 25-220 THEREOF PRO-
VIDING FOR THE ESTABLISH-
MENT OF A THIRTY--FIVE (35)
MILES PER ItOUR SPEED LIMIT ON
CEDAR CROSS ROAD, FROM FRE-
MONT STREET TO A POINT 800
FEET EAST OF ACE AVENUE, AND
TItlRTY (30) MILES PER HOUR
SPEED LIMIT ON CEDAR CROSS
ROAD FROM U.S. HIGHWAY 20 TO
A POINT 800 FEET EAST OF ACE
AVENUE,presented and read.
Council Member Hammal moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Stackis. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, HammeL Kluesner,
Manning, Stackis~
Nays--None.
Absent--Council Member Kronfeldt.
Council Member Hammel moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Kluesner,
Manning, Stackis,
Nays--None.
Absent--Council Member Kronfeldt.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 76-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
AMENDING SUBSECTION (c) OF
SECTION 20-220 THEREOF PRO-
VIDING FOR THE ESTABLISH-
MENT OF A THIRTY - FIVE (35)
MILES PER HOUR SPEED LIMIT
ON CEDAR CROSS ROAD, FROM
FREMONT STREET TO A POINT
800 FEET EAST OF ACE AVENUE,
AND THIRTY (30) MILES PER
HOUR SPEED LIMIT ON CEDAR
CROSS ROAD FROM U.S. HIGH-
WAY 20 TO A POINT 800 FEET
EAST OF ACE AVENUE.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
559
IOWA:
Section 1. That the Code of Ordi-
~mnces of the City of Dubuque, Iowa
be amended by deleting Cedar Cross
Road, Starlight Drive to Ace Avenue
from Subsection (c) of Section 220
thereof, as follows:
"Sec. 25-220. Limits Generally.
(c)
Thirty (30) Miles Per Hour
Cedar Cross Road, Starlight Drive
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by adding Cedar Cross
Road, U.S. Higbway 20 to a point 800
feet east of Ace Avenue to Subsection
(c) of Section 220 thereof, as follows:
"Sec. 25-220. Limits Generally.
(c)
Thirty (30) Miles per Hour
Cedar Cross Road, U.S. Highway 20
to a point 800 feet east of Ace Ave-
Section 3. Tbat the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by deleting Cedar Cross
Road, Ace Avenue to Fremont Street
from Subsection (c) of Section 220
tbereof, as follows:
"Sec. 25-220. Limits Generally.
(c)
Thirty-five (35) Miles Per Hour Cedar
Cross Road, Ace Avenue to Fremont
Section 4. That the Code of Ordi-
nances of the City of Dubuque be
amended by adding Cedar Cross Road,
Fremont Street to a point 800 feet east
of Ace Avenue from Subsection (c) of
Section 229 thereof, as follows:
"Sec, 25-220. Limits Generally.
(c)
Ttfirty-five (35) Miles Per Hour
Cedar Cross Road, Fremont Street
to a point 800 feet east of Ace Ave-
PASSED, APPROVED AND
ADOPTED tiffs 4th day of November,
1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald -,ewspaper this 8th day of
November, 1985
Mary A. Davis
City Clerk
i Council Member Hammelmoved final
adoption of the Ordinance. Seconded by
560 Regular Session,
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Manning, Stackls.
Nays--None.
Absent--Council Member Kronfaldt.
ORDINANCE NO. 77-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ADDING CEDAR CROSS ROAD
FROM U.S. HIGHWAY 20 TO
STARLIGHT DRIVE TO SUBSEC-
TION (d) OF SECTION 25-257
THEREOF PROVIDING FOR THE
PROHIBITING OF PARKING ON
CEDAR CROSS ROAD, presented and
read. Council Member Hummel moved
that the reading just had be considered
the first reading of the Ordinance.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Council Member Hammel moved that
the rule requiring au Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammal, Kluesner,
Manning, Stackis.
Nays--Nane.
Absent--Council Member Kronfaldt.
ORDINANCE NO. 77-85
(OFFICIAL pUBLICATION)
ORDINANCE NO. 77-85
ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ADDING CEDAR CROSS ROAD
FROM U.S. HIGHWAY 20 TO
STARLIGHT DRIVE TO SUBSEC-
TION (d) OF SECTION 25-257
THEREOF PROVIDING FOR THE
PROHIBITING OF PARKING ON
CEDAR CROSS ROAD.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
November 4, 1985
nances of the City of Dubuque, Iowa
be amended by adding Cedar Cross
Road from U.S. Highway 20 to Star-
light Drive to Subsection (d) of Sec-
tion 25-257 thereof as follows:
"Sec. 25-257. Prohibited or Desig-
hated StreetS or portions Thereof.
(d) No - parking - at - any - time
zones designated
Cedar Cross Road, both sides, from
U.S. Highway 20 to Starlight Drive."
PASSED, APPROVED AND
ADOPTED tl~s 4th day of November,
1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Cl~rk
Published officially in the Telegraph
Herald newspaper this 8th day of
November, 1985
Mary A. Davis
City Clerk
Council Member Hummel moved final
adoption of the Ordinance. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammal, Kineaner,
Mmming, Stackis. Nays--None.
Absent--Council Member Kronfaldt.
October 18, 1985
HONORABLE MAYOR AND CITY
COUNCIL
City Hall
Dubuque, Iowa 52001
Re: Development plans - Conservation
Park
Dear Mayor and Council Members,
The Dubuque Dock Board at its
regular meeting on October 1, 1985
development plans for the
Riverview park on Chaplain Schmitt
Memorial Island.
It was the decision of the Dock Board
to name two commissioners from the
Dock Board and to request a member of
the City Council and any other in-
terested people in the community to
work with the Dock Board in
establishing long range development
plans for the park. In this communica-
tion we are requesting the City Council
to appoint a councilperson that can work
with Commissioners McMullen and
Gourley in the development of these
long range plans.
Regular Session, November 4, 1985
As soon as you have notified us of
your selection of a councilperson ar'
rangmente will be made for a meeting
by Commissioners McMullen and
Gourley for discussing long range plans
for the utilization of Riverview park.
Sincerely Yours,
Marian Bissell, Chairperson
Dubuque Dock Board
Council Member Stackis moved that
the above communication be received
and filed and made a matter of record.
Seconded by Council Member Hummel.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfaldt.
RESOLUTION NO. 371-85
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that
the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
Charles If. Schrodt 303 Main St.
Dog Gone, Inc. 1630 Asbury
Michael R. Soens 1701 Central Ave.
K-Mart Corp, 2600 Dodge St.
William J. Murphy 139 Locust
Passed, adopted and approved this 4th
day of November 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
Members Deich, Hammel, Kluesner,
Manning, Staakis.
Nays--None.
Absent--Council Member Kranfaldt.
RESOLUTION NO. 372-85
WHEREAS, Applications for Beer
Permits have been submitted and filed
561
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bond;
THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named applicants
a Beer Permit.
CLASS "B" BEER PERMIT
Barbara J. Travis 335 E. 12th St.
CLASS "C' BEER PERMIT
Hartig Drug Company (Also Sunday Sales)
2225 Central
CLASS "E" BEER pERMIT
Hartig Drug Company 700 Main St.
Hartig Drug Company (Also Sunday Sales)
Passed, adopted and approved this
4th day of November 1985.
James E. Brady
Mayor
ATTEST:
Mary Davis
City Clerk
Council Member Deiak moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
vote:
Yeas--Mayor Brady, Council
Viembers Deich, Hammci, Kluesner,
Manning, Seackis.
Nays--Nane.
Absent--Council Member Kronfeldt.
RESOLUTION NO. 373-85
WHEREAS, Applications for Liquor
[Acenses 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 rale-
rant thereto and they have filed proper
bonds;
562
Regular Session, November 4, 1985
filed. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Gouncil
Members Deieh, Hammel, Klueaner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
City Municipal Primary
October 15, 1985
Canvassed October 21, 1985
State of Iowa)
Dubuque County)
We, the undersigned members of the
Board of Supervisors, acting as a Board
of Canvasser the County of Dubuque, do
hereby certify that the following is a
true and correct abstract of votes cast
for each of the City Council Members-
at-Large candidates in the City of Dubu-
que Election held on October 15, 1985,
as listed and enumerated herein below
by precinct:
2
3
NOW THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appli-
cant(s) a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Michael R. Soens (Also Sunday Sales)
1701 Central
Dog Gone, Inc. (Also Sunday Sales)
163e Asbury Rd.
Clair A. Woodman (Al~o Sunday Sales)
1103 Iowa Street
Passed, adopted and approved thi~
4th day of November 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
Members Deich, Hammel, Kluesner,
Manning, Stackis.
23
Nays--None. 19
Absent--Council Member Kronfeldt. 3 90
6 25
MINUTES SUBMITTED: Airport 7 90
8 30
Comm. of 10-16; Cable TV Regulatory 9 23
Comm. of 10-9; Human Rights Comm. ~0 29
of 9-9; Dubuque In-Future, Inc. of 9-25; 13 17
Five Flags Comm. of 10-21; Plumbing 13 18
Bd. of 10-22; Transit Bd. submitting 14 17
15 43
Earnings Statement for month of Sept. 16 93
1985; Public Library of 10-15; Civil Ser- 17 28
vice Comm. of 10-1, 10-9 and 10-11, 18 2o
presented and read. Council Member 30 0o
Deich moved that the minutes be receiv- 21 39
ed and filed. Seconded by Council 22 18
23 19
Member Kluesner. Carried by the follow- 24 14
lng vote: A~ntee 3
Total 575
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Helle, Klosterman & Co. submitting
Dubuque In-Future, Inc. Audit Report
for period ending June 30, 1985,
presented and read. Council Member
Delch moved that the report be re-
Emil Total
Stack~ Voters
50 96 99
55 42 119
03 23 75
49 25 86
41 37 98
42 08 105
90 19 79
53 37 120
50 18 91
99 60 197
98 32 147
62 22 102
164 30 211
91 48 182
76 36 145
102 34 164
80 33 190
111 29 159
83 27 140
45 15 79
44 24 02
1769 751 3099
Dated this 21st day of October, 1985.
Regular Session, November 4, 1985
Is/ Is/ /si
LloydC. Hayes Wiffred Bahl DonnaL.Sn~th
Chairperson Member Member
ATTEST:
(Seal)
/s/
Michael E. McFarlaad,
County Auditor
and Commissioner
of Elections
There was one write4n vote for
William Dix.
Council Member Deich moved that
the above Canvass of Municipal Primary
be received and filed and made a mat-
ter of record. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote.
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Manning, Stackis. Nays--None.
Absent--Council Member Kronfeldt.
REFUNDS REQUESTED: Sante's
$75 on unexpired Cigarette License;
Clara L. Johnson, $225 on unexpired
Beer Permit; Douglas Stetzer. $150 on
unexpired Beer Permit; Gary Germain,
$253.12 on unexpired Liquor License;
Tamie Kenniker, $633.75 on unexpired
Liquor License; Dubuque Jaycees $150
on unexpired Beer Permit, presented
and read. Council Member Delch mov-
ed that the refunds be approved and
Finance Director to issue the proper
checks. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of Marian G. Bissell
advising she will not seek re-
appointment to the Dock Board when
her term expires, presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor B~ady, Council
Members Deich, Hammel. Kinesner,
Manning, Stackis. Nays--None.
Absent--Council Member Kronfeldt.
NOTICE OF CLAIMS: Louis Pfohl in
estimated amount of 5425 for property
563
referred to the Legal Staff for investiga-
tion and report. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Iowa Dept. of Water, Air and Waste
Management subnli~ting inspection
report for our Wastewater Facility,
presented and read. Council Member
Deich moved that the report be receiv-
ed and filed. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
U.S. Dept. of Transportation submit-
ting Dockets 39845 and 39847 "Essen-
rial Air Transportation for Fort Dodge
and Mason City" - Order denying objec-
tion, presented and read. Council
~r Deich moved that the Order be
received and filed. Seconded by Council
~r Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
.Members Deich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Dubuque County Auditor requesting
the City change the street name of Jen-
r Drive to another name as it con-
flicts with the same name in the Coun-
ty, presented and read. Council Member
Deich moved that the request be refer-
red to the City Mgr. and Stall Second-
ed by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
damages, presented and read. Council Communication of Steve Launspach
MemberDeichmovedthat theclaimbe I submitting Profit and Loss Statement
564 Regular Session, November 4, 1985
of Dubuque J ayc~es Plaza Fest Project,
presented and read. Council Member
Deich moved that the communication be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Khiesner,
Manning, Stackis. Nays--None.
Absent--Council Member Kronfaldt.
Communication of Corporation
Counsel recommending settlement of
property damage claim of Mrs. Veronica
Tscharner in the amount of $150;
Recommending settlement of property
damage claim of Walter J. Burke in
amount of $152.22, presented and read.
Council Member Deich moved that the
communications be received and filed
and settlements approved with Finance
Director to issue the proper checks.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammal, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfaldt.
Communication of Corporation
Counsel recommending denial of proper-
ty damage claim of Richard Kringle,
presented and read. Council Member
Delch moved that the communication be
received and filed and denial approved.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of Corporation
Counsel recommending denial of request
of the Correctional Facility at 1494 Elm
St. for the placement of a two hour park-
ing zone in front of the building on Elm
Street. presented and read. Council
Member Deich moved that the com-
munication be received and filed and
denial approved. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of City Manager
recommending acceptance of the con-
struction contract for the Recreation
Complex Parking Lot, presented and
read. Council Member Deich moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 374-85
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island,
Park and Recreation Complex Parking
Lot has been completed and the City
Manager has examined the work and Iff-
ed his certificate stating that the same
has been completed according to the
terms of the contract, plans and
specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendation of the City Manager be ap-
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the CIP levy in amount equal to the
amount of his contract, less any retain-
ed percentage provided for therein.
Passed, adopted and approved this
4th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved edop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayer Brady, Council
Members Deich, Hammel. Khiesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
FINAL ESTIMATE
RESOLUTION NO. 375-85
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island,
Park and Recreation Complex Parking
Regular Session, November 4, 1985
565
Lot has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
cinding the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
$45,9~3.57 and that said amount shall be
paid from the CIP levy of the City of
Dubuque, Iowa.
Passed, approved and adopted, this
4th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Khieaner. Car~led by
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Communication of the City Manager
submitting status report on the petition
of the residents in the Emmett Street
and St. Mary's Street area regarding
storm water from the St. Dominic Villa
property, presented and read. Council
Member Dcich moved that the com-
munication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Copy of letter to Terry O. Harrmann,
from Rhonda Kronfeldt, tendering her
resignation from the Dubuque Racing
Assn., presented and read. Council
Member Deich moved that the letter be
received and filed. Seconded by Council
Member Kluesner. Carried by ~he follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Manning, Stachis.
Nays--None.
Absent--Council Member Kronfeldt.
There being no further business, Coun-
cil Member Manning moved to adjourn.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kluesner,
Manning, Stackis.
Nays--None.
Absent--Council Member Kronfeldt.
Mary A. Davis
City Clerk
Approved 1986
Adopted 1986
Mayor
Council Members
ATTEST:
City Clerk
566 Special Sessio~
CITY COUNCIL
OFFICIAL
Special Session, November 18, 1985.
Council met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Klueener, Kronfeldt,
Manning, Simon, City Manager W.
Kenneth Gearhart, Corporation Counsel
Barry A. Lindahl.
Absent at roll call: Council Member
Hmnmel.
Mayor Brady reed the call and stated
that service thereof had been duly made
and this Meeting i$ called for the pur-
pose to consider approval of City to
assignment of the Franchise granted to
Peoples Natural Gas Co., ~nd acting
upon such other business which may
properly come before the Council.
INVOCATION was given by Rev.
Wm. Dix of the United Pentecostal
Church.
Council Member Hammel entered the
Chambers at 7:33 p.m.
Mayor Brady swore in the newly
elected David L. Simon as Council
Member at Large.
PROCLAMATION: November 22, as
"Loyal Order of Moose Day" received
by Mel Torrey.
Communication of Pl~ing and Zon-
ing Commisslon approving reclassiflca-
tion request of James Mai to rezone pro~
perry located at 412 Loras Blvd. from
R-4 Multi-Family to OR Office Residen-
tial to correct map error, presented and
read. Council Member Kronfeldt moved
that the communication be received and
filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Councll
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances to rezone property
located at 412 Loras Blvd. from
Multi-Family Residential District to OR
Office Residential District, presented
and read. Council Member Kronfaldt
moved that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kluesner. Cmxied by the following vote:
November 18, 1985
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesanr,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Kronfaldt moved
;hat the rule requiring an ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Kronfeldt moved
that a Public Hearing be held on the Or-
dinance on December 2, 1985 at 7:30
p.m. in the Public Library Auditorium
md that the City Clerk publish notice
in the manner prescribed by law.
Seconded by Council Member Klueener.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klueener,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
ecommending vacation of Alley bet-
ween Jackson St. and Washington St.,
from East llth St. to East 12th St., and
dispose of City's interest with reserva~
tions to Spahn & Rose Lumber Co.,
presented and read. Council Member
Kineener moved that the communica-
tion be received and filed. Seconded by
Council Member Manning. Carrlad by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Hannnel, Kinesner,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Vacating alley bet-
ween Jackson & Washington Streets
from East llth St. to East 12th St.,
presented and read. Council Member
Klue~ner moved that the reading just
had be considered the first r eadin4~ of the
Ordinance. Seconded by Council
Member Manning. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Ddich, Hammel, Kluesner,
Special Session, November 18, 1985
567
Kronfeldt, Manning, Simon.
Nays--None.
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 taken, be dispensed with. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfeldt, Manning, Simon.
Nays--None.
Council Member Kluesner moved that
a Public Hearing be held on the Or-
dinance on Dec. 2, 1985 at 7:30 p.m. in
the Public Library Auditorium and that
the City Clerk publish notice in the man-
ner prescribed by law. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communications of Peoples Natural
Gas Co. and UtiliCorp United re-
questing approval of the City to assign-
ment of the Franchise granted to
Peoples Natural Gas Company, pur-
suant to Ordinance No. 17-68 AND
Communication of City Manager advis-
ing of the recommendation of the Legal
Dept. to approve Resolution transferr-
ing the Gas Granchise from IntorNorth,
Inc. to UtiliCorp United, Inc, subject to
the conditions specified in said resolu-
tion, presented and read. Council
Member Kcenfaldt moved that the com-
munications be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 376-85
APPROVING THE ASSIGNMENT
OF THE FRANCHISE GRANTED IN
ORDINANCE NO. 17-68.
WHEREAS, Peoples Natural Gas
Company, Division of InterNorth, Inc.,
has requested approval to assign to
Peoples Natural Gas Company, Division
of UtiliCorp United Inc., a Missouri Car-
poratinn, that certain gas franchise
granted by the City of Dubuque, Dubu-
que County, Iowa (Hereinafter called
"City"), to said Peoples Natural Gas
Company, Division of InterNorth, Inc.,
by Ordinance No. 17-68, passed the 4th
day of March, 1968; and
WHEREAS, Peoples Natural Gas
Company, Division of UtiliCorp United
Inc., has agreed to file with the Clerk of
City an acceptance of the terms of Or-
dinance No. 17-68 and agreement to per-
form all conditions thereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA: The assignment of Peoples
Natural Gas Company, Division of In-
terNorth, Inc., to Peoples Natural Gas
Company, Division of UtiliCorp United
Inc., of the gas franchise granted by Ci-
ty to Peoples Natural Gas Company,
Division of InterNorth, Inc., by Or-
dinance No. 17-68, is hereby approved,
such approval being subject to and ef-
fective only upon the filing by said
assignee of a duly executed acceptance
of the terms of Ordinance No. 17-68 and
agreement to the conditions of Or-
dinance No. 17-68.
Passed, approved and adopted this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resalution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
questing authorization of the submis-
sion of a Program Statement of Intent
for Calendar Year 1986 for use of Com-
munity Development Block Grant
Funds, presented and filed. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
568
Special Session November 18, 1985
Members Deinh, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None,
RESOLUTION NO. 377-85.
A RESOLUTION AUTHORIZING
THE FILING OF A STATEMENT OF
INTENT FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT
FOR THE CITY OF DUBUQUE.
WHEREAS, the City of Dubuque is
entitled to participate in the Communi-
ty Development Block Grant Program
authorized under the provisions of Title
I of the Housing and Community
Development Act of 1974. as amended;
and
WHEREAS, the City of Dubuque has
been declared eligible for funding in the
approximate mnount of $875,000 for
Calendar Year commencing January 1,
1986; and
WHEREAS, the Community
Development Block Grant Statement of
Intent has been developed so as to give
maximum feasible priority to activities
which will benefit low and moderate in-
come persons and aid in the prevention
or elimination of slums and blight; and
WHEREAS, the City of Dubuque has
provided the citizens of the Communi-
ty with opportunities to comment on the
Statement of Intent.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the filing ora State-
ment of Intent for participation in the
Community Development Block Grant
Program is hereby approved, and the
Mayor of the City of Dubuque is hereby
authorized and directed to execute the
necessary documentation on behalf of
the City of Dubuque.
Section 2. That the City Manager is
hereby authorized and directed to sub-
mit, in the required number of copies, the
executed Statement of Intent to the
Department of Housing and Urban
Development and other appropriate
agencies together with such other
documents as may be required.
Passed, approved and adopted this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
questing authorization for publication of
he Environmental Review Findings for
various projects, presented and read.
Councii Member Kluesner moved that
the communication be received and fil-
ed, Seconded by Council Member Deich,
C~ried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 378-85
A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF EN-
VIRONMENTAL REVIEW FIND-
INGS FOR CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECTS.
WHEREAS,the City of Dubuque is
proposing to enter into a Gra~t Agree-
ment for the Calendar Year commenc-
ing January 1, 1986 with the U.S.
Department of Housing and Urban
Development, providing for financial
assistance to the City under Title I of
the Housing and Community Develop-
ment Act of 1974, as amended; and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Urban
Development, an environmental review
has been processed for the hereinafter
described projects to be financed with
Community Development Block Grant
funds; and
WHEREAS, au ad hoc Environmen-
tal Review Committee has after due con-
sideration made a determination that
the projects are not a major Federal ac-
tion significantly affecting the quality
of the human environment.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
Special Session, November 18, 1985
569
IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed to
publish a Notice of Finding of No
Significant Effect on the Environment
for the following identified projects, and
to make the Environmental Review
Record for said projects available for
public inspection. Such notice shall be
in the form of Exhibit "A" attached
hereto and made a part hereof.
Housing Rehabilitation Loan Pro-
gram; Property Acquisition/Relocation;
Tool Lending Library sponsored by
Washington Tool Library; Code Enforce-
ment; Operation Paintbrush; Commer-
cial/Industrial Loan Participation;
Economic Development Activities.
Section 2. That the City of Dubuquq
hereby declares its intent to adopt a
resolution at its meeting of December2,
1985, authorizing the submission ora re-
quest to the U.S. Department of Hous-
lng and Community Development to
undertake the projects.
Passed, approved and adopted this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
questing approval to execute an Annual
Contributions Contract for the Section
8 Existing Housing Program with
HUD, presented and read. Council
Member Kluesner moved that the com-
munication be received and filed.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner.
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 379-85
RESOLUTION AUTHORIZING
AND DIRECTING THE EXECUTION
OF REVISED ANNUAL CONTRIBU-
TIONS CONTRACT FOR $64,316 CON-
TRACT AUTHORITY SECTION 8 EX-
ISTING VOUCHER PROGRAM
FUNDS.
WHEREAS, the City of Dubuque,
Iowa (herein called the "Local Authori-
ty'') proposes to enter into a revised con-
tract (Herein called the "Annual Con-
tributions Contract") with the United
States of America (herein called the
"Government") with respect to any
"Project" as defined in the Annual Con-
tributions Contract and which at any
time now or hereafter is incorporated
under the terms of such Contract.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The Annual Contribution
Contract in substantially the form of
contract hereto attached with Govern-
ment revision date of June, 1985, and
marked "Exhibit A " is hereby approv-
ed and accepted both as to form and
substance and the Mayor of Dubuque,
Iowa is hereby authorized and directed
to execute said Contract in two copies
on behalf of the Local Authority, and the
City Clerk is hereby authorized and
directed to impress and attest the official
seal of the City of Dubuque on each such
counterpart and to forward said ex-
ecuted counterparts, or any of them, to
the Government together with such
other documents evidencing the ap-
proval and authorizing the execution
thereof as may be required by the
Government.
Section 2. Whenever the following
terms, or any of them, are used in this
Resolutio., the same, unless the context
shall indicate another or different mean-
lng or intent, shall be construed, and are
:ntended to have meanings as follows:
1, The term "Resolution" shall mean
~his Resolution. 2. All other terms used
in this Resolution and which are defin-
ed in the Annual Contributions Contract
shall have the respective meanings
ascribed thereto in the Annual Contribu-
tions Contract.
Passed, approved, and adopted this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
570 Special SesSion
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
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
reconunending to apply for extension of
Rental Rehab Program Contract,
presented and read. Council Member
Kronfeldt moved that the communica-
tion be received and filed. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hommal, Khiesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 380-85
AUTHORIZING AND DIRECTING
THE CITY MANAGER TO
NEGOTIATE AN EXTENSION OF
THE TERMINATION DATES OF OPP
CONTRACT #R-84-SG-19-0101 FOR
THE IOWA RENTAL REHABILITA-
TION PROGRAM AND AUTHORIZ-
lNG AND DIRECTING THE MAYOR
TO EXECUTE ANY APPROVED
CONTRACT EXTENSION
DOCUMENTS.
WHEREAS, the City of Dubuque has
a contract with the State of Iowa
#R-84-SG-19-0101 for the Iowa Rental
Rehab Program; and
WHEREAS, said contract terminates
April 30, 1986; and,
WHEREAS, winter weather and
related conditions will delay completion
of proposed projects.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA THAT:
Section 1. The City Manager or his
designee is authorized and directed to
negotiate and extension of the contract
termination dates for at least ninety
days or additional time as deemed
Section 2. The Mayor is authorized
sion amendments offered by the State
November 18, 1985
of lowa ,which result from the City
Manager s efforts to negotiate an
Passed, approved and adopted this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Simon.
Nays--Nane.
Communication of City Manager
recommending to continue terms and
conditions on Housing Rehab loan Ior
Michael E. Portzen, 415-419 Loras
Blvd., presented and read. Council
Member Simon moved that the com-
municatinn be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 381-85
APPROVAL OF LAND CONTRACT
SALE BY MICHAEL PORTZEN TO
WAYNE EHLERS AND CONTINUA-
TION OF CITY MORTGAGE.
WHEREAS, the City of Dubuque is
the mortgagee as identified by record-
ed instrument number 9236-83, on a
housing rehab project at 415-19 Loras
Blvd., Dubuque; and Michael Portzen is
the mortgagor on the same instrument;
and
WHEREAS, the mortgagor has re-
quested continuation of the terms of
that mortgage in order to allow sale of
the property; and
WHEREAS, the record indicates this
mortgage obligation has been satisfac-
torily managed by the mortgagor.
NOW THEREFORE, BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque
Special Session, November 18, 1985
571
consents to the proposed sale of 415
Loras Blvd. by Michael Portzen to
Wayne Ehlers.
Section 2. The City of Dubuque agrees
to continue to honor the mortgage from
Michael Portzen after sale of 415-19
Loras to Wayne Ehlers with the follow-
lng conditions:
1. Continuation of second mortgage
status subordinate only to a present
outstanding first mortgage to Dubuque
Savings and Loan Association in an
outstanding balance not to exceed
$71,635.82;
2. All obligations and terms of the pre-
sent mortgage to the City will continue
to accrue to Michael Portzen in addition
to the requirement that full payment of
the outstanding obligation will be due
if a subordinate mortgage to Dubuque
Savings and Loan Association with a
present outstanding balance of $17,000
is accelerated or prepaid.
Section 3. The City Manager, or his
designee, is authorized to execute any
documents necessary to advance this
proposed transaction.
Passed, approved, and adopted this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager re-
questing adoption of a Resolution
authorizing and directing Mayor to ex-
ecute a Project Agreement with the
Iowa DOT for City street relocation
and/or reconstruction associated with
the relocated project, presented and
read. Council Member Kluesner moved
that the communication be received and
filed. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 382-85
Resolution Approving Project Agree-
ment #86-1-042 With The Iowa Depart-
ment of Transportation.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
SECTION 1. That the Mayor is
directed and authorized to execute three
copies of a project agreement # 86-1-042.
This agreement provides for the Iowa
Department of Transportation to ac-
quire and pay for the rights-of-way for
connection of City streets and alleys or
rights.of-way required for frontage roads
as required for the relocation and
reconstruction of ~S. 61 from 7th Street
northerly and easterly to City Island
bridge which lies within the City of
Dubuque, lowa.
Passed, approved and adopted this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resalution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfaldt, Manning, Simon.
Nays--None.
Proof of publlcation, certified to by the
Publisber, on Notice to Bidders for
receipt of bids for construction of
Rockdale Road Bridge AND Com-
municatinn of City Manager recommen-
ding to award contract for the project,
presented and read. Council Member
Hammel moved that th~ proof of
publication and communication be
received and filed. Seconded be Council
Member Deich. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammal, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
572 Special Sessior
AWARDING CONTRACT
RESOLUTION NO. 383-85
WHEREAS, sealed proposals have
been submitted by contractors for the
Demolition and Replacement of the Ex-
isting Rockdale Road Bridge pursuant
to Resolution No. 321-85 and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa
on the 25th of October, 1985.
WHEREAS, said sealed proposals
were opened and read on the 5th day of
November, 1985 and it has been deter-
mined that the bid of States Contruction
of Des Moines, Iowa in the amount of
$1,029,436.40 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 ira-
provement be awarded to States Con-
struction subject to concurrence of the
Federal Highway Administration and
the Manager be and is hereby directed
to execute a contract on behalf of the Ci-
ty of Dubuque for the complete perfor-
mance of the work.
Passed, approved and adopted this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kineaner,
Kronfeldt, Manning, Simon.
Nays--None.
Conuuunication of City Manager sub-
mitting Ordinance clarifying the Board
of Health for the City and placing in the
City Code the State requirements for a
local Board of Health, presented and
read. Council Member Kluesner moved
that the conununication be received and
[lied. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel. Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
November 18, 1985
ORDINANCE NO. 78-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
REPEALING SECTION 18-1
THEREOF AND ENACTING A NEW
SECTION-18-1 IN LIEU THEREOF
PROVIDING FOR ESTABLISHING A
BOARD OF HEALTH, SPECIFYING
QUARTERLY MEETINGS, ELEC-
TING OFFICERS AND DEFINING A
QUORUM, presented and read.
Council Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Delch. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
Council Member Kluesner moved that
the rule requiting an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Klueaner,
Kronfaldt, Manning, Simon.
Nays--None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 78-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 18-1
THEREOF AND ENACTING A
NEW SECTION 18~1 IN LIEU
THEREOF PROVIDING FOR
ESTABLISHING A BOARD OF
HEALTH, SPECIFYING QUAR-
TERLY MEETINGS, ELECTING
OFFICERS AND DEFINING A
QUORUM.
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 repealing Section 18-1
thereof and enacting a new Section 18-
1 in lieu thereof as follows:
"Sec. 18-1. Board of Health.
(a) The City elects to have its
powers as a Board of Health as defined
in Chapter 137 of the Code of Iowa
exercised by the City Council of the
City of Dubuque.
Special Session, November 18, 1985
573
(b) The Board of Health shall meet
at least four time~ yearly on the third
Monday of January, April, July and
October to act upon such business as
may properly come before the Board.
(c) Special meetings of the Board
may be called as needed by the Chair,
or by any three Board members. At
least twenty - four (24) hours notice
shall be given of special meetings
except in case of emergency.
(d) The Board of Health at its Jan-
uary meeting shall elect one of its
members to serve as Chair and one
member to serve as Vice - Chair until
the first meeting of the following cal-
endar year.
(e) Fifty (50) percent or more of the
Board membership shall constitute a
quorum for the transaction of any
business.
passed, approved and adopted this
18th day of November, 1985.
James E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
November, 1985.
Mary A. Davis
City Clerk
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Daich. Carried by the
fu[lowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO, 384-85
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that
the foilowing having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
Iowa Oil Company
lOCO Speede Shoppe ~93 3250 Dodge St.
Barbara Travis
Lone Star Tap (My-Cap) 385 E. IMh St.
Dennis & John Dolan
Union Cigar Store 336 Main St.
Passed, adopted and approved this
18th day of November 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
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 385-85
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have [lled
proper bond;
NOW THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named applicants
a Beer Permit.
CLASS "B" BEER PERMIT
Loras College
College Center Alta Vista & Loras
CLASS "C" BEER PERMIT
TFM (Also Sunday Sales)
Oky Doky//6 1256 Iowa St.
Iowa Oil Company (Also Sunday Sales)
1OCO Speede Shoppe ~93 3250 Dodge St.
Passed, adopted and approved this
18th day of November 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 fuilowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammai, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO, 386-85
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 all City Ordinances rele-
vant thereto and they have filed proper
574
Special Session, November 18, 1985
requesting City Treasurer be directed to
prepare check in the amount of $3,750
plus interest at the rate of 10% from
January 10,1985 for personal iniury
claim of Ben W. Meyer, presented and
read. Council Member Deich moved that
the communication be received and fil-
ed and Settlement approved with
Finance Director te issue proper check.
Seconded by Council Member Kinesner.
Carried by the following vote:
bonds;
NOW THEREFOPoE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appli-
cantls) a Liquor License.
CLASS "C' (COMMERCIAL)
BEER AND LIQUOR LICENSE
Char]es H. Schrodt (Also Sunday Sales)
C.J.'s Lounge 253 Main
Passed, adopted and approved this
18th day of November 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Eesolution. Seconded by
Council Member Manning. Carried by
the following vote:
.Yeas--Mayor Brady, Council
Members Deich, Hammel, Klueaner,
Kronfeldt, Manning, Simon.
Nays--None.
MINUTES SUBMITTED: Historic
Preservation Commission of 10-22,
Housing Commission of 10-30; park and
Recreation Comm. of 10-15; Planning
and Zoning Comm. of 10-16; Zoning Bd.
of Adjustment of 10-17, presented and
read. Council Member Deich moved that
the minutes be received and filed.
Seconded by Council Member Kinesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kfueaner,
Kronfeldt. Manning, Simon.
Nays--None.
Communication of Corporation
Counsel reporting back the successful
conclusion of two items of litigation,
presented and read. Council Member
Daich moved that the communication be
received and filed. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Corporation Counsel
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kranfaldt, Manning, Simon.
Nays--None.
Communication of Corporation
Counsel recommending denial of prope~
ty damage claim of Edward Jenni and
property damage claim of Johnson
Brothers Wine Company, presented and
read. Council Member Kronfeldt moved
that the communications be received
and filed and the Edward Jenni matter
be referred to the City Manager and
Johnson Bros. matter approve the
denial. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich. Hammel, Klueaner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Mrs. Terry and
Lowell Routley, objecting to denial of
~ersonalinjury claim of their daughter,
~resented and read. Council Member
)eich moved that the communica~inn be
,efarred to the Legal Staff for investiga-
tion and report. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klueaner,
Kronfcidt, Manning, Simon.
Nays--None.
NOTICES OF CLAIMS: Michael
Wild et al, in the amount of $10,000 for
personal injuries and Notice of Levy and
Sale of Dubuque Savings and Loan
Association vs. City of Dubuque et al,
presented and read. Council Member
Deich moved that the claim be referred
to the Legal Staff for investigation and
report. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Special Session, November 18, 1985
Members Deich, Hammel, Klueanar,
Kronfeldt, Manning, Simon.
Nays--None.
City Assessor advising of stipulation
of settlements to the District Court of
propertles of Tri-State Bank of East
Dubuque, presented and read. Council
Member Deich moved that the notice be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Councll
Members Deich, Hammal, Kfuesner,
Kranfeldt, Manning, Simon.
Nays--None.
REFUNDS REQUESTED: Eagle
Discount #130, $75 on unexpired Class
"B" Beer Permit; Kopp's Market, $75
on unexpired Class "B" Beer Permit and
$50 on unexpired Cigarette License,
presented and read. Council Member
Deich moved that the refunds be ap-
proved and Finance Director to issue the
proper check. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
575
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on List of Claims for month
of September, 1985, presented and read.
Council Member Deich moved that the
proof of publication be received and Iii-
ed. Seconded by Council Member
Kluesner. Corried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kfuesner,
Kranfeldt, Manning, Simon.
Nays--None.
Conununicatinns of Fred J. Pape, Jr.
submitting his resignatinn from Police
a~d Fireman's Pension Board and David
L. Simon submitting resignation from
the Human Rights commission,
presented and read. Council Member
Dalch moved that the communicatinns
be received and filed and resignations ac-
cepted. Seconded by Council Member
KIuesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfuldt, Manning, Simon.
Nays--None.
State of Iowa)
Dubuque CounW)
We, the undersign 85 do hereb cer try that the foSowing is a correct
of Dubuque pu ' ' General Elect/on in tho C~ty of Dubuque, held on No~omb~r.
E FOLLOWING PUBLIC MEASURE BE ADOPTED7 "Shall the City of Dubuque, Iowa,
SHALL TH dollars 1 000) of assessed value for the support
levy a tax in the amount of ton ~10) cents per OhO thousand ,
COUNCIL MEMBER
AT LARGE MUNICIPAL BAND
David EmS PROPOSITION TOTAL
Simon Stsckls YES NO VOTERS
267 155 148 198 448
261 173 102 252 454
180 126 67 166 322
187 85 63 159 293
185 160 84 191 362
576
Special Session, November 18, 1985
WARD THREE
PRECINCT FLOYD R. COOK
1 124
2 107
4 6O
6 70
Absentee 7
TOTAL 535
WARD ONE
BOB I~ATIE
PRECINCT FELDENMAN KR1EG
12 4 290
DONALD E. DEICH TOTAL VOTING
283 448
350 454
237 022
217 295
258 362
268 356
1,604 2,257
DON DENNIS
McMULLEN WHITE TOTAL VOTING
74 11 576
103 13 451
76 9 751
48 3 554
89 7 685
68 3 619
5 2 49
463 45 3,653
OTHER WRITE ' IN VOTES:
WARD ONE: Melvin Lces-43,Er~l S~acki~3, Rhodes Isenhar~2, B~d Hammel-2, and Eorfest Ket te~ag, Jan~es
Corbet, Brandan Q , · ohn Froinmelt, Michael McMullen, o
Keppler, Richard Carpenter, Allan Thorns, Arthur Roiling Jie Klein Lois Stallsmlth, and Jack War tzberg-1
Council Member Deich moved that
the above canvass of election be made
a matter of record. Seconded by Coun-
cfi Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
~ranfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending acceptance of the con-
struction contract for the repairs and
sealcoating of the Veterans Memorial
Special Session, November 18, 1985
Parking Lot, presented and read. Coun-
cil Member Deich moved that the com-
munication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 387-85
WHEREAS, the contract for the
Veteran's Memorial Parking Lot
Sealcoating 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
acceptance.
NOW THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendation of the City Manager be ap-
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Revenue Sharing Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Ha~nmel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 388-85
WHEREAS, the contract for the
Veteran's Memorial Parking Lot
577
Sealcoating 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 miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
1. That the cost of said im-
provement is hereby determined to be
$21,909.13 and that said amount shall be
~aid from the Revenue Sharing Fund of
the City of Dubuque, Iowa.
Passed, approved and adopted, this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Delch moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammal, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
cecommending acceptance of Contract
E-20 for landscaping performed by
Nauman Nursery, Inc. at the Dubuque
Dog Racing Facility, presented and
read. Council Member Deich moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hmnmel, Kluesner,
KronIeldt, Manning, Simon.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 389-85
WHEREAS, the contract for the
Dubuque Dog Racing Facility Contract
E-20, Landscaping has been completed
and the City Manager has examined the
work and filed his certificate stating
that the same has been completed accor-
ding to the terms of the contract, plans
and specifications and recommends it
578
Special Session, November 18, 1985
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendation of the City Manager be ap.
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the General Obligation Bonds in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolutlon. Seconded by
Council Member Klueener. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfeldt, Manning, Simon.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 390-85
WHEREAS, the contract for the
Dubuque Dog Racing Facility Contract
E-20, Landscaping has been completed
and the City Engineer has submitted his
final estimate showing the cost thereof
including the cost of estimates, notices
and inspection and ail miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said ira-
provement is hereby determined to be
$56,771.00 and that said amount shall be
paid from the Gereral Obligation Bonds
of the City of Dubuque,
Passed, approved and adopted, this
18th day of November, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved
adoption of the Resolution. Seconded by
Member Kinesner. Carried by
vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Kfuesner,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of Corporation
Counsel advising fallowing claims have
been paid out and therefore the claims
personal injury of Lee
A. Adams, Sewer back-up claim of
Harold R. Albrecht; Property damage
claim of James Herrig; Personal injury
of Herbert Hine; Sewer back-up claim of
Jane Wagner, presented and read. Coun-
cil Member Deich moved that the com-
municatinns be received and filed.
Seconded by Council Member Kfuesner.
Carried by the following vote:
Yeas--Mayor Brady. Council
Members Deich, Hammel, Kfuesner,
Kranfeldt, Manning, Simon.
Nays--None.
There being no further business, Coun-
cil Member Kranfeldt moved to adjourn.
Seconded by Council Member Maiming.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Khiesner,
Kronfaldt, Manning, Simon.
Nays--None.
Meeting adjourned at 7:59 p.m.
Mary A. Davis
City Clerk
Approved. __1986
Adopted __1986
Mayor
Council Members
ATTEST:
City Clerk
Special Session, December
CiTY OF DUBUOUE
BOARD OF
HEALTH
OFFICIAL
Board of Health, Special Session,
December 2, 1985.
Health Board Met At 7:25 P.M.,
Public Library Auditorium.
Present: Chairperson Brady, Board
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Simon.
Chairperson Brady read the call and
stated this is a Special Session of the Ci-
ty Board of Health called for the pur-
pose to act upon a Resolution amending
the Contract between the City and the
Iowa State Dept. of Health.
Communication of City Manager sub-
mitring for Dubuque Board of Health's
consideration and acting on a contract
amendment for the local Board of
Health contract for State Public Health
Nursing Funds, presented and read.
Board Member Deich moved that the
communication be received and filed.
Seconded by Board Member Kronfeldt.
Carried by the following vote:
Yeas--Chairperson Brady, Board
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 1-85
RESOLUTION AUTHORIZING
AND DIRECTING THE CHAIR TO
SIGN AN AMENDMENT TO CON-
TRACT #2206D-131 BETWEEN THE
DUBUQUE CITY BOARD OF
HEALTH AND THE IOWA STATE
DEPARTMENT OF HEALTH.
WHEREAS, the Dubuque City Board
of Health has entered into an agreement
with the State of Iowa Health Depart-
ment on 6/20/85 to provide financial sup-
port for public health nursing services
for low-income and elderly persons hi the
City of Dubuque; and
WHEREAS, the State Health
Department has requested that the Ci-
ty approve an amendment to said con-
tract which amendment will reduce
funding in accordance with reductions
2, 1985 579
in all State general fund appropriations.
NOW, THEREFORE, BE IT
RESOLVED BY THE BOARD OF
HEALTH AND FOR THE CITY OF
DUBUQUE, IOWA:
~ection 1. That Contract amendment
#1.Public Health Nursing Services to
Contract Number 2206D-131 attached
hereto and made apart hereof is hereby
approved.
Section 2. That the Chair of the Board
of Health is hereby authorized and
directed to execute said contract amend-
ment on behalf of the Board of Health.
Passed, approved and adopted this
2nd day of December, 1985.
James E. Brady, Chair
Dubuque City Board of Health
ATTEST:
Mary A. Davis, Clerk
Dubuque City Board of Health
Board Member Deich moved adoption
of the Resolution. Seconded by Board
Member Kronfeldt. Carried by the
following vote:
Yeas--Chairperson Brady, Board
Members Deich, Hammel, Kfuesner,
Kronfeldt, Manning, Simon.
Nays--None.
There being no further business,
Board Member Deich moved to adjourn.
Seconded by Board Member Hammel.
Carried by the following vote:
Yeas--Chairperson Brady, Board
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Simon.
Nays--None.
Mary A. Davis
City Clerk
Approved~1986
Adopted __1986
Chairperson