1983 January Council ProceedingsINDEX -- BOOK 113
1983 SUBJECT Page
Sept 26--Zoning Board of Adjustment appointment of Joseph Kramer.
345
Nov 21--Zonlng request of Peoples Natural Gas to reclassify property
south of Cedar Cross Rd. from AG to C-7 ................... 398
" 21--Zoning of Water Area around Chaplain Schmitt Mem. Island,
report ............................................... 408
" 21--Zoning request by Burbach, Kitchen to reclassify property at
3860 Asbury from R-3 to OR-1 PUD ...................... 417, 418
Regular Session, January 3, 1988
CITY COUNCIL
OFFICIAL
Regular Session, January 3, 1983.
Council Met at 7:30 p.m., Council
Chambers, City Hail.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Harley F. Stark, Jr.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
REGULAR MONTHLY MEETING
of the City Council called for the pur-
pose to act upon such business which
may properly come before the Council.
Invocation was given by Father Neil
Tobin. Pastor of Sacred Heart
Catholic Church.
RESOLUTION NO. 1-83
Resolution Providing for the Appoint-
ment of a City Manager
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That W. Kenneth Gearhart shall be
appointed City Manager for the City
of Dubuque, Iowa, in accordance with
the terms and conditions contained in
an employment agreement executed
and approved on the 12th day of April,
1982.
Passed, adopted and approved this
3rd day of January, 1983.
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 Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 2-83
Resolution Providing for the Appoint
ment of a Corporation Counsel and
Legal Staff
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That Harley F. Stark, Jr., shall be
appointed Corporation Counsel for the
City of Dubuque, Iowa, in accordance
with the terms and conditions contain-
ed in an employment agreement ex-
ecuted and approved on the 28th day
of June, 1982.
BE IT FURTHER RESOLVED
that Barry A. Lindahl is appointed Ci-
ty Solicitor and William G. Blum is ap-
pointed Assistant City Attorney for
the City of Dubuque, Iowa.
Passed, adopted and approved this
3rd day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Klauer.
Nays--Council Members Hammel,
Kluesner, Kronfeldt.
RESOLUTION NO. 3-83
Resolution Providing for the Appoint-
ment of a City Clerk
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That in accordance with Chapter
372.13(31 of the Code of Iowa, 1981,
Mary A. Davis shall be appointed as
City Clerk for the City of Dubuque,
Iowa, for the purpose to perform the
duties of said position as required by
State and City Law, subject however,
to the right of the Council to declare
said office vacant or remove the of-
ficial therefrom at the pleasure of the
Council with or without cause, and
said official to be paid the compensa-
tion as provided in the budget.
Passed, adopted and approved this
3rd day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Klauer. Carried by
the following vote:
2
Regular Session, January 3, 1983
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauec, Kluesner, Kronfeldt.
Nays--None.
W. Kenneth Gearhart, Harley F.
Stark, Jr. and Mary A. Davis sworn in
respectively as City Manager, Cor-
poration Counsel and City Clerk by
Mayor James E. Brady.
A RESOLUTION Designating the
Official Newspaper for the City of
Dubuque, being the Telegraph Herald,
presented and read· Council Member
Deich moved that action on this mat-
ter be tabled for two weeks, requesting
Corporation Counsel check as to
whether or not the City could use the
government channel on Cable TV for
necessary notices. Seconded by Coun-
cil Member Khiuer. Vote on the motion
was as follows.
Yeas--Council Members Delch
Klauer.
Nays--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Kluesner,
Kronfeldt.
MOTION FAILED.
Council Member Kronfeldt moved to
adopt the Resolution and designate
the Telegraph Herald as the official
City newspaper. Seconded by Council
Member Beurskens. Vote on the mo-
tion was as fonows:
Yeas-Council Members Beurskens,
Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Deich, Hammel, Klauer.
MOTION FAILED.
Council Member Hammel moved to
designate the Des Moines Register as
the official City newspaper. Seconded
by Council Member Klauer.
NO VOTE TAKEN ON THE MO-
TION.
Council Member Deich moved that
action be tabled for two weeks on this
matter. Seconded by Council Member
HammeL Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Hanunel, Khiuer.
Nays--Council Members Kluesner,
Kronfeldt, Beurskens.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing regarding the non-conforming
uses of Zoning Ordinance and Zohing
Map of the City of Dubuque,
presented and read.
There were no written objections
received.
Herbert Benn, 2954 Elm, requested
clarification as to how this would af-
fect Don's Transmission business.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Khiesner, Kronfeldt.
Nays--Council Member Klauer.
ORDINANCE NO. 1-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR-
DINANCES OF THE CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF ALSO KNOWN AS THE
"ZONING ORDINANCE AND ZON-
ING MAP OF THE CITY OF DUBU-
QUE, IOWA" BY REPEALING AR-
TICLE II AND ENACTING A NEW
ARTICLE II IN LIEU THEREOF
WHICH ESTABLISHES PROVI-
SIONS TO ALLOW THE EXPAN-
SION OF NON-CONFORMING
USES, said Ordinance having been
presented and read at the Council
Meeting of Dec. 6, 1982, presented for
final adoption,
ORDINANCE NO. 1~83
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVID-
ING 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 (~ITY
OF DUBUQUE, IOWA" BY
REPEALING ARTICLE II AND
ENACTING A NEW ARTICLE II
IN LIEU THEREOF WHICH
ESTABLISHED PROVISIONS TO
ALLOW THE EXPANSION OF
NON-CONFORMING USES.
NOW, THEREFORE BE IT
ORDAINED BY THE CITY COUN-
Regular Session, January 3, 1983
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 repealing Arti-
cle II thereof, and enacting a new Arti-
cie 1I in lieu thereof, as follows:
"ARTICLE II. NON-CONFORMING
LOTS, USES OF LAND, USES OF
STRUCTURES AND PREMISES,
AND CHARACTERISTICS OF USE:
AMORTIZATION PROVISIONS
Section 2-101 General Statement of
Intent
Within the districts established by
this ordinance or amendments that
may later be adopted there exist
1. lots;
2. structures;
3. uses of land and structures;
4. characteristics of use,
which were lawful before this ordi-
nance was passed or amended, but
which would be prohibited, regulated,
or restricted under the terms of this
ordinance or future amendment. It is
the intent of this ordinance to recog-
nize the legitimate interests of those
who lawfully established these non-
conformities by permitting such non-
conformities to continue, subject to
limitations upon their completion, res-
rotation, reconstruction, extension and
substitution. At the same time, it is
recognized that non,conformities sub-
stantially and adversely affect the
orderly development, maintenance, use
and taxable value of other property in
the district, property that is itseff sub-
ject to the regulations of this ordi-
nance. In order to secure eventual
compliance with the standards of this
ordinance, it is therefore necessary to
regulate non-conformities strictly and
to prevent the re-estabhshment of non-
conformities that have been discontin-
ued.
To avoid undue hardship, nothing in
this ordinance shall be deemed to
· require a change in the plans, construc-
tion or designated use of any building
on which actual construction was law-
fully begun prior to the effective date
of adoption or amendment of this ordi-
nance and upon which actual building
construction has been carried on dili-
gently. Actual construction is hereby
dellned to include the placing of con-
struction materials in permanent posi-
tion and fastened in a permanent
manner.
Section 2-102 Non-Conforming Lots of
· Record
In any district in which single faro-
ily dwellings are permitted, a single
family dwelling and customary
accessory buildings may be erected on
any single lot of record at the effective
date of adoption or amendment of this
ordinance, notwithstanding limitations
imposed by other provisions of this
ordinance. Such lot must be in sep-
state ownership and not of continuous
frontage with other lots in the same
ownerstfip. These provisions shall apply
even though such lot fails to meet the
requirements for area or width, or
both, that are generally applicable in
the district, provided that yard dimen-
sions and requirements other than
those applying to the area or width, or
both, of the lot shall conform to the
regulations for the district in which
such lot is located.
If two or more lots or combinations
of lots and portions of lots with contin-
uous frontage in single ownership are
of record at the time of passage or
amendment of this ordinance, and if
all or part of the lots do not meet the
requirements established for lot width
and area, the lands involved shall be
considered to be an undivided parcel
for the purpose of this ordinance, and
no portion of said parcel shall be used
or sold in a manner which dimishes
compliance with lot width and area
requirements established by this ordi-
nance, nor shall any division of any
parcel be made which creates a lot
with width or area below the require-
ments stated in this ordinance.
Section 2-103 Non-Conforming Uses of
Land (Or Land with Minor Structures
Only)
Where at the time of passage of this
ordinance, lawful use of land exists
which would not be pemitted by the
regulations imposed by this ordinance,
and where such use involves no indi-
vidual structure with a replacement
cost exceeding one thousand dollars
($1,000), the use may be continued so
long ~s it remains otherwise lawful,
provided that:
2-103.1 No such non-conforming use
shall be enl0rged or increased nor
extended to occupy a greater area of
land than was occupied at the effective
date of adoption or amendment of this
ordinance; and
2-103.2 No such non-conforming use
shall be moved in whole or in part to
any portion of the lot or parcel other
than that occupied by such use at the
effective date of adoption or amend-
ment of this ordinance; and
2-103.3 If any such non-conforming
use of land ceases for any reason for a
period of more than 30 days, any sub-
sequent use of such land shall conform
4
Regular Session, January 3, 1983
to the regulations specified by this
ordinance for the district in which such
land is located, except as otherwise
provided under Section 2-105.3 of this
Article; and
2-103.4 No additional structure shall
be erected in connection with such
non-conforming use of land.
Section 2-104 Non-Conforming Struc-
Where a lawful structure exists at
the effective date of adoption or
amendment of this ordinance that
could not be built under the terms of
this ordinance by reason of restrictions
on area, lot coverage, height, yards, its
location on th lot, or other require-
ments concerning the structure, such
structure may be continued so long as
it remains otherwise lawful, provided
that:
2-104.1 No such non-conforming struc-
tare may be repaired, reconstructed,
enlarged or altered in a way a"hich
increases its non-conformity, but any
structure or portion thereof may be
altered to decrease its non-conformity.
2-104.2 Should such non-conforming
structure or non-conforming portion of
structure be destroyed by any means
to an extent of more than fifty per
cent (50%) of its replacement cost at
time of destruction, it shall not be
reconstructed except in conformity
with the provisions of this ordinance,
except as may be allowed by Section
2-104.3 Repair and Reconstruction of
Certain Non-Conforming Residential
Structures Permitted
2-104.3.1 Statement of Intent
The provisions of this ordinance are
intended to preserve property values,
avoid hardships to property owners,
and promote the conservation of cer-
tain pre-existing, non-conforming resi-
dential dwelling units built on
unusually narrow lots by allowing the
total reconstruction of such structures
when they are substantially destroyed
by accident or act of God. The limited
exemption from district regulations
authorized by this Section should be
narrowly construed, and nothing in
this Section should be interpreted as
authorizing any change in an existing
or hereafter reconstructed structure
which would increase hi any manner or
degree such structures's non-confor-
mity with the provisions of this ordi-
2-104.3.2 Reconstruction of Certain
Non-Conforming Residential Struc-
tures Permitted, Subject to Conditions
In the event of destruction to an
extent exceeding fifty percent (50%) of
its replacement value, any single lam-
ily dwelling, duplex, townhouse, or
multiple family dwelling containing
not more than four (4) dwelling units
may be reconstructed to its former
condition and dimensions without
regard to the yard, bulk or lot require-
ments of this ordinance, provided that
1) Such destruction was caused by
an accident or act of God occurring
after the effective date of this ordi-
nance; and
2) The structure is a permitted struc-
ture in the district in which it is
located and was in existence prior to
the effective date of this ordinance;
and
3) The lot on which the destroyed
dwelling is located is not of contin-
uous frontage with any other lot held
in the same ownership; and
4) The lot on which the destroyed
structure is located has a frontage of
not more than forty (40) feet; and
5) The reconstructed structure does
not increase its prior non-conformity
in any manner or degree with regard
to the number or size of dwelling
units, required yards or lot area,
required off-street parking spaces, or
other provisions of this ordinance.
The burden of proof shall be upon
any person seeking to rely on these
provisions to demonstrate to the
Zoning Administrator that the recon-
structed structure will not further
increase its non-conformity with this
ordinance.
Section 2-105 Non-Conforming Uses of
Structures or of Structures and Prem-
ises in Combination
If lawful use involving individual
structures with replacement cost of one
thousand dollars ($1,000) or more, or of
structure and premises in combination,
exists at the effective date of adoption
or amendment of this ordinance, that
would not be allowed in the district
under the terms of this ordinance, the
lawful use may be continued so long as
it remains otherwise lawful, provided
that:
2-105.1 No existing structure devoted
to a use not permitted by the ordi-
nance in the district in which it is
located shall be enlarged, extended,
constructed, re-constructed, moved, or
structurally altered except in changing
the use of the structure to a use per-
mitted in the district in which it is
located, or except as provided in 'Sec-
tion 2-108 of this Article;
2-105.3 A Conditional Use Permit may
be obtained to allow any non-conform-
ing use of a structure or of a structur~
and premises to be changed to another
non-conforming use, but only in accor-
dance with the applicable provisions of
Regular Session, January 3, 1983
5
Article VI of this ordinance.
2-105.4 Any structure, or structure
and land in combination, in or on
which a non-conforming use is super-
seded by a permitted use, shall thereaf-
ter conform to the regulations for the
district, and the non-conforming use
may not thereafter be resumed;
2-105.5 When a non-conforming use of
a structure, or structure and premises
in combination is discontinued or
abandoned for six consecutive months
or for 18 months during any three-year
period (except when government action
impedes access to the premises), the
structure, or structure and premises in
combination, shall not thereafter be
used except hi conformity with the reg-
ulatinns of the district in which it is
located, except as otherwise provided
under Section 2-105.3 of this Article.
2-105.6 Where non-conforming use
status applies to a structure and prem-
ises in combination, removal or
destruction of the structure shall elimi-
nate the non-conforming status of the
land. Destruction for the purpose of
this subsection is defined as damage to
an extent of more than 50 percent of
the replacement cost at the time of
destruction;
2-105.7 Any lawful use of a structure,
or of a structure and premises in com-
bination made non-conforming by the
adoption or amendment of this ordi-
nance may be continued as herein pre-
scribed, and such non-conforming
status shall not be grounds for denial
of any permit, license, or other official
authorization necessary for contin-
uance of such non-conforming use. Any
lawful non-conforming business use
shall be deemed to be within a business
district for the purpose of issuance of
required permits or licenses. Nothing
in this provision shall be interpreted to
permit the establishment of any non-
conforming use not in lawful existence
on the date of adoption or amendment
of this ordinance.
Section 2-166 Limitation on Repairs
and Maintenance of Structures or Pot-
tions of Structures Containing Non-
Conforming Uses
On any structure or portion of a
structure which contains a non-con-
forming use, work may be done in any
period of twelve (12) consecutive
months on ordinary repairs, or on
repair or replacement of non-bearing
walls, fixtures, wiring, or plumbing, to
an extent not exceeding 10 percent of
the current replacement cost of the
structure or portion of the structure
containing a non-conforming use as the
case may be.
: If a structure or portion of a struc-
ture containing a non-conforming use
becomes physically unsafe or unlawful
due to lack of repairs and mainte-
nance, and is declared by any duly
authorized official to be unsafe or
unlawful by reason of physical condi-
tion, it shall not thereafter be restored,
repaired, or rebuilt except in confor-
mity with the regulations of the dis-
trict in which it is located.
'Section 2-107 Uses Under Conditional
Use Permit Provisions Not Non-Con-
forming Uses
Any use which is permitted as a
Conditional Use in a district under the
terms of this ordinance (other than a
change through Board of Adjustment
action from a non-conforming use to
another non-conforming use not gen-
erally permitted in the district) shall
not be deemed a non-confornfing use in
such district, but shall without further
action be considered a conforming use,
Section 2-108 Non-Conforming Use
Expansion Provisions
A Conditional Use Permit may be
obtained to allow a non-conforming
use of a structure or of a structure and
premises to be expanded, but only pro-
vided that the Board of Zoning Adjust-
ment shall find as'follows:
1) Such use is either a residential
dwelling in an HI Heavy Industrial
District or a commercial use allowed
as a permitted or conditional use in
one commercial district but located
in a commercial district where such
use is not allowed; and
2) the current capital investment in
buildings, structures, or other facili-
ties of the non-conforming use or
other evidence is substantial enough
to indicate that such use is likely to
be maintained on the property for
the foreseeable future; and
3) the continuance thereof will not be
contrary to the public health, safety,
welfare or the spirit of this Ordi-
nance; and
4) the use and its proposed expansion
do not and are not likely to signifi-
cantly depress the value of nearby
properties; and
5) no useful purpose would be served
by strict application of the provisions
or requirements of this Ordinance
with which the use does not conform;
and
6) the aggregate extent of the expan-
sion does not exceed twenty-five (25)
~ercent of the gross area devoted to
the non-conforming use and such
expansion shall comply with the
schedule of district regulations in the
district hi which it is located; and
7) the public will receive some bene-
fit from the proposed expansion
6
Regular Session, January 3, 1983
through improvement of conditions
on the property including but not
limited to upgrading the appearance
of the premises, removal of non-con-
forming signs, and addition of off-
street parking and loading facilities.
In authorizing a Conditional Use
Permit for the expansion of a non-con-
forming use of a structure or of a
structure and premises the Board of
Zoning Adjustment shall follow the
~application, notice and public hearing
provisions set forth in Section 6-106.
The Board shall impose conditions of
approval to assure that the expanded
non-conforming use does not become
contrary to the public health, safety or
weffare or the spirit and purpose of
this Ordinance.
No vested interest shall arise out of
the approval of a Conditional Use Per-
mit pursuant to this section."
Section 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, APPROVED AND
ADOPTED this 3rd day of January,
1983. James E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
January, 1983. Mary A. Davis
it 1/i0 City Clerk
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Communication of City Manager re-
questing acceptance of a Quit Claim
Deed for parcels of property acquired
from the Chicago and Northwestern
Transportation Company in the 32nd
Street area, presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Daich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO, 4~83
WHEREAS, the City of Dubuque,
Iowa, has acquired the real estate
hereinafter described from the
Chicago and North Western Transpor-
tation Company; and
WHEREAS, said company has
delivered a Quit Claim Deed conveying
real estate to the City of Dubuque,
Iowa, described as: Strips of land fifty
feet in width extending over and
across Lots 9, 11, 13 and 14 in the Sub-
division of Mineral Lot 322 in the City
of Dubuque, said strips of land being
twenty-five feet in width on each side
of the center line of the main track of
the Dubuque and Northwestern
Railway Company (later the Chicago,
St. Paul and Kansas City Railway
Company, the Chicago Great Western
Railway Company, now the Chicago
and North Western Transportation
Company), as said main track
centerline was originally located and
established. ALSO: A strip of land
eighty feet in width extending over
and across Lots 3, 5, 6, 7 and 8 in the
Subdivision of Mineral Lot 322 in the
City of Dubuque, said strip of land be-
lng forty feet in width on each side of
the centerline of the main track of the
Dubuque and Northwestern Railway
Company (latex the Chicago, St. Paul
and Kansas City Railway Company,
the Chicago Great Western Railway
Company, now the Chicago and North
Western Transportation Company), as
said main track center line was
originally located and established.
WHEREAS, said delivery of deed,
dated December 6, 1982, by said com-
pany to the City of Dubuque, Iowa,
should be accepted.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the delivery of the
Quit Claim Deed by the Chicago and
North Western Transportation Com-
pany, December 6, 1982, conveying to
the City of Dubuque, Iowa, the
hereinabove described real estate, be
and the same is hereby acceptod~
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said Quit Claim Deed to be
recorded in the office of the Dubuque
County Recorder, together with a cer-
tiffed copy of this Resolution.
Section 3. That the City Clerk be and
is hereby directed to forward a ce~
tiffed ~opy of this Resolgtion to the
Dubuque City Assessor and the Dubu-
que County Auditor.
Passed, adopted and approved this
3rd day of January, 1983.
James E. Brady
Mayor
Regular Session, January 3, 1983
7
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesnex moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammai
Klauex, Kluesner, Kronfeldt.
Nays--None.
Communication of Council Membe~
Deich submitting report on National
League of Cities Convention at Los
Angeles and requesting to address the
Council on same, presented and read.
Council Member Deich elaborated
briefly on the report, stressing Dubu-
que is lucky to have as good a city as
we have.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Membex
Beurskens. Carried by the following
vote~
Yeas--Mayor Brady, Council Mem-
bets Bearskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
BOARDS AND COMMISSIONS:
Human Rights Commission-
Council Member Kronfeldt moved to
table the appointments for the Human
Rights Commission only for one
month. Seconded by Council Member
Hammel. Carried by the fnllowin
vote~
Yeas--Council Members Beursken~
Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mere
hers Daich, Klauer.
Housing Code Appeals Board-2
3-Year Terms to Expire 1-11-86 (Terms
of P. Fitesommons & G. Guy); Ap-
pllcante: Paul Fitzsimmons, Gerald L.
Guy and Hugh Richardson.
Vote on the appointment was as
follows: Mayor Brady voted for
Richardson and Fitzsimmons; Council
Member Beurskens voted for Guy and
Richardson; Council Member Daich
abstained; Council Member Hammel
voted for Guy and Richardson; Coun-
cil Member Klauer voted for Richard-
son only; Council Member Kluesner
voted for Guy and Richardson; Coun-
cil Member Kronfeldt voted for Guy
and Richardson.
Therefore, Gerald Guy reappointed
and Hugh Richardson appointed to
three year terms on the Housing Code
Appeals Board.
Fire and Police Retirement Pension
Systems: 1 4-Year Unexpired Term
which will expire 3-31-86; Applicant:
Thomas W. Hopper.
Council Member Klauer moved to
appoint Thomas W. Hopper to the
Police and Fire Retirement Pension
Boards. Seconded by Council Member
Kronfeldt. Carried by the following
.Yeas--Mayor Brady, Council Mem-
hers Beurskens, Hammel, Klauer,
Kluesner, Kronfeldt. Nays--None.
Abstain--Council Member Deich.
MINUTES SUBMITTED: Airport
Corem. of 12-14 (approved); Human
Rights Subcommittees of 4-21, 6-3,
7-22, 10-7, 10-18 (all approved); Human
Rights Comm. of 10-18 and 11-1 (ap-
proved); Chaplain Schmitt Memorial
Island Comm. of 12-1; Historic Preser-
cation Comm. of 9-28 (approved),
presented and read.
Council Member Klauer moved that
the minutes be received and filed.
Seconded by Council Member
Kronfaidt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammai,
Klauer, Kluesner, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS: Fulton
Arms Apt. Bldg. in amount of $90 for
property damages; Lois Glover, in
unknown amount for car damages;
Gloria VanVors, in estimated amount
of $99.92 for car damages, presented
and read.
Council Member Klauer moved that
the claims be referred to the Corpora-
tion Counsel for investigation and
report. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammai,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Corps of Engineers submitting
notice of Report on Mississippi River
Navigation System adequate mooring
facilities for watercraft, presented and
read.
Council Member Klauer moved that
the Notice be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
Regular Session, January 3, 1983
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Khiesner, Kronfeldt.
Nays--None.
REFUNDS REQUESTED
Westslde Enterprises, Inc. $211.25 or
unexpired Liquor License, presented
and read.
Council Member Klauer moved that
the refund be approved and Finance
Director to issue proper check.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of League of
Women Voters advising of support for
Human Rights Office, presented and
read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Me~nber
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manage~
submitting response to petition filed
by Lois Glover regarding snow
removal and maintenance of Riverview
Street, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Civil Aeronautics Bal. submitting
Notice of Ozark Air Lines, Inc. and
Republic Airlines, Inc. pursuant to
Sections Of the Federal Aviation Act
of 1958, as amended, presented and
read.
Council Member Klauer moved that
the Notice be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
James Compton, applicant for
Human Rights Comm., expressed in-
terest in obtaining a position on that
Commission.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved _1983
Adopted __1983
Mayor
Council Members
ATTEST:
City Clerk
Special Session, January 10,1983
CITY COUNCIL
OFFICIAL
Special Session, January 10, 1983.
Council Met at 7:30 p.m., Public
Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Harley F. Stark, Jr.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to CONSIDER AC-
CEPTANCE OF THE CONTRACT
FOR THE NORTH-WEST
ARTERIAL. STAGE I, P.C.C. PAV-
ING AND INTERSECTION IM-
PROVEMENTS and acting upon such
other business which may properly
come before the Council.
Invocation was given by Father
John Dalton of St. Raphael's
Cathedral.
PROCLAMATION: January 28th
thru Feb. 6th as "Winter Wonderland
Days".
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Al Polsean requesting tc
address the Council to present a Peri-
tion regarding the road conditions on
Crescent Ridge, Cedar Cross Road,
Starlite Drive and Crescent Court.
presented and read.
Mr. Polsean spoke to the Petition,
and also to the water and sewer pro-
blems in the same area.
Council Member Khiesner moved
that the petition be received and filed
and referred to Staff. Seconded by
Council Member Beurskens. Carried
by the~following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
· ' Nays--None.
Communication of City Manager
recommending acceptance of the con-
tract for the North-West Arterial,
Stage I, P.C.C. Paving and Intersec-
9
tion improvements and requesting
authorization to execute a supplemen-
tal contract on the balance of the work
in the amount of $6,998.85, presented
and read.
Council Member Khiesner moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 5-83
WHEREAS, the City Council of the
City of Dubuque, through Resolution
Number 369-81, awarded a contract to
Tschiggfrie Excavating of Dubuque,
Iowa, for the North-West Arterial,
Stage I, P.C.C. Paving and Intersec-
tion Improvements; and
WHEREAS, said contract was
awarded in the amount of $670,904.91;
and
WHEREAS, a portion of said con-
tract must be postponed until the spr-
ing of 1983.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Manager, be
and is hereby directed to execute a sup-
plemental contract for the un-
completed portions of the North. West
Arteria~ Stage I, P.C.C. Paving and
Intersection Improvement contract.
Section 2. That the supplemental
contract be in the amount of $~998.85.
Passed, adopted and approved this
10th day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 6-83
WHEREAS, the contract for the
10
Special Session, January 10, 1983
North-West Arterial~ Stage I, P.C.C.
Paving and Intersection Im-
provements has been completed and
the City Manager has. examined the
work and filed his certificate stating
that the same has been completed ac-
cording to the terms of the contract,
plans and specifications and recom-
mends its acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the recommendation of the
City Manager be approved and that
said improvement be and the same is
hereby accepted.
BE IT FURTHER RESOLVED:
That the City Treasurer be and is
hereby directed to pay to the contrac-
tot from General Obligation Bonds
and Federal Aid to Urban Systems
Funds in amount equal to the amount
of his contract, less any retained
percentage provided for therein.
Passed, adopted and approved this
10th day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Counc'd Member Klueeuer moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 7-83
WHEREAS, the contract for the
North-West Arterial, Stage I, P.C.C.
Paving and Intersection Im-
provemonts has been completed and
the City Engineer has submitted his
final estimate showing the cost thereof
including the cost of estimates,
notices, inspection, and preparing the
assessment and plat.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the cost of said improvement is
hereby determined to be $653,121.05.
That none of the cost thereof shall
be assessable upon private property
and $653,121.05 shall be paid from
General Obligation Bonds and Federal
Aid to Urban Systems Funds of the
City of Dubuque.
Passed, adopted and approved this
10th day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting technical amendment to
IA~05-4055 FY 82 Section 5 Operating
Assistance Grant with UMTA,
presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch,. Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 8-83
Resolution Authorizing the Filing of
an Amendment to an Application with
the Department of Transportation,
United States of America, for a Grant
under the Urban Mass Transportation
Act of 1964, as Amended. ~
WHEREAS, the Secretary of
Transportation is authorized to make
grants for mass transportation pro-
jects;
WHEREAS, the contract for finan-
cial assistance will impose certain
obligations upon the applicant, in-
eluding the provision by it of the local
share of project costs;
WHEREAS, it is required by the
U.S. Department of Transportation in
accord with the provisions of Title VI
of the Civil Rights Act of 1964, that in
connection with the filing of an amend-
mont to an application for assistance
under the Urban Mass Transportation
Act of 1964, as Amended, tbe appli-
Special Session, January 10, 1983
11
cant give an assurance that it will com-
ply with Title VI of the Civil Rights
Act of 1964 and the U.S. Department
of Transportation requirements
thereunder; and
WHEREAS, it is the goal of the Ap-
plicant that minority business enter-
prise be utilized to the fullest extent
possible in connection with this pro-
ject, and that definitive procedures
shall be established and administere~
to ensure that minority businesses
shall have the maximum feasible op-
pertunity to compete for contracts
when procuring construction con-
tracts, supplies, equipment contracts
or consultant and other services:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1, That the Mayor of the City
of Dubuque is authorized to execute
and file an amendment to an applica-
tion on behalf of the City of Dubuque
with the U.S. Department of Transpo~
ration, to aid in the financing of
operating assistance projects pursuant
to Section 5 of the Urban Mass
Transportation Act of 196~ as amend-
ed.
Section 2. That the Mayor of the City
of Dubuque is authorized to execute
and file with such an amendment to an
application an assurance or any other
document r~quired by the U.S. Depart-
ment of Transportation effectuating
the purposes of Title VI of the Civil
Rights Act of 1964.
Section 3. That William Kohler,
Transit Manager, is authorized to fu~
nish such additional information as
the U.S. Department of Transportation
may require in connection with the ap-
plication or the project.
Section 4. That the Mayor of the City
of Dubuque is authorized to set forth
and execute affirmative minority
business policies in connection with
tho project's procurement needs.
Section 5, That the Mayor of the City
of Dubuque is authorized to execute
grant contract agreements on behalf of
the City of Dubuque with the U.S.
Department of Transportation for aid
in the financing of the operating
assistance projects.
Passed, adopted and approved this
10th day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 9-83
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named aI~
pficants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Gomer's Inc. 1105 University
Phililp R. Love 481 Locust St.
(Also Sunday Sales)
Sincere Enterprises, Inc. 2600 Dodge
(Also Sunday Sales)
Howard Johnson Co. 50 J.F.K.
(Also Sunday Sales)
Passed, adopted and approved this
10th day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dnich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Park and
Recreation Comm. of 10-30, 11-1, 11-8
(all approved), 12-3 (unapproved);
Public Library Bd. of 10-7, 10-19,
12
Special Session, January 10, 1983
10-29, 11-5 & 11-7 (ail approved),
presented and read.
Council Member Beurskens moved
that the minutes be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeidt,
Nays--None.
NOTICES OF CLAIMS: Richard
and Mary Meyer (2 claims) in amounts
of $116.07 and $994.39 for backed-up
sewer damages; Peter and Joyce Tim-
merman, in amount of $1,286,93 for
backed-up sewer damages, presented
and read.
Council Member Beurskens moved
that the claims be referred to the Cor-
poratlan Counsel for investigation and
report. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeidt.
Nays--None.
Communication of Corporation
Counsel recommending denials of vehi-
cie damage claim of Gerald Stangl and
property damage claim of Steven K.
and Leslie E. Neyens, presented and
roAId,
Council Member Beurskens moved
that the denials be approved. Second-
ed by Council Member Klauer. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delcli, Hammel,
Klauer, Kluesner, Kronfeidt.
Nays--None.
Petition of Dulane Schoen et al (59
signers) objecting to request for in-
crease in TV rates, presented and read.
Council Member Beurskens moved
that the petition be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskans, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Thomas Butler et al (50
signers) requesting sufficient funding
to support Human Rights Dept.,
presented and read.
Council Member Beurskens moved
that the petition be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens; Deich, Hammel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
Petition of H.L. Hangar requesting
consideration be given to use the
Telegraph Herald as carrier of official
notices, presented and read.
Council Member Beurskens moved
that the petition be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Attorney David
L Hammer, on behalf of estate of
Elizabeth Burden, advising of the will-
ingness to extend the 60 day period
regarding the acceptance of the
Burden property, presented and read.
Council Member Bearskens moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the renew-
ing vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Al Polsean objected to the Trenkle
Parking Lot being used without
revenue by City Hall officials.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved .1983
Adopted _1983
Special Session, January 10, 1983
Council Members
ATTEST:
City Clerk
13
14
Special Session, January 17, 1983
CITY COUNCIL
OFFICIAL
Special Session, January 17, 1983.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
ix)ration Counsel Harley F. Stark, Jr.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to DESIGNATE A
NEWSPAPER FOR THE CITY OF
DUBUQUE and acting upon such
other business which may properly
come before the Council.
Invocation was given by Rev. Dave
Swartz, Pastor of Dubuque Baptist
Church. PROCLAMATIONS: Month
of Feb. 1983 as "Children's Dental
Health Month"; Week of Jan. 17-23 as
"Jaycee Week" received by Dubuque
Jayceee President Bill Kolf.
A RESOLUTION Designating the
official newspaper for the City of
Dubuque, Iowa (tabled from the
meeting of January 3, 1983) was
presented.
Council Member Kronfeldt moved
that the official newspaper be
designated as the Telegraph Herald.
Seconded by Council Member Beur-
skens.
Council Member Hammel moved to
amend the motion to include both the
Telegraph Herald and the Dubuque
Advertiser. Seconded by Council
Member Klauer. Vote on the amend-
ment was as follows:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hummel, Klauer.
Nays--Council Members Deich,
Kluesner, Kronfeldt.
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Attorney Allan Carew, representing
the Telegraph Herald, addressed the
Council and stated he was of the opi-
nion that the Dubuque Advertiser
could not be considered an official
newspaper, as specified and in accor-
dance with Chapter 618 of the 1981
Code of Iowa.
RESOLUTION NO. 10-83
Resolution Designating the
Newspaper to be Utilized by the City
of Dubuque, Iowa
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That in accordance with Chapter 618
of the Code of Iowa, 1981, the
TELEGRAPH HERALD and the
DUBUQUE ADVERTISER shall be
utilized by the City of Dubuque, Iowa,
for the purpose of publication of
notices and reports of proceedings as
required by law, and the City Staff is
directed to utilize either as may be
most expedient and at the lowest rate.
Passed, adopted and approved this
17th day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution, as amen&
ed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Klauer.
Nays--Council Members Deich,
Kluesner, Kronfeldt.
Communication of Dubuque
Typographical Union No. 22 express-
ing~ their comments regarding the
designation of the Telegraph Herald as
the official newspaper, presented and
read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskees. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hamme], Klauer.
Nays--Council Members Dnich,
Kluesner, Kronfeldt.
Communication of City Manager re-
questing Mayor be authorized to ex-
ecute an agreement with the Iowa
DOT, presented and read.
Council Member Klauer moved that
the communication be received end
filed. Seconded by Council Member
Hammel. Carried by the following vote:
Special Session, January 17, 1983
15
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 11-83
Authorizing the Mayor to Execute an
Agreement with the Iowa Department
of Transportation on Right of Way
Assurance Statement for Federni Al,
Projects.
WHEREAS, the Iowa Departmen
of Transportation has requested the
City to execute an agreement
stipulating that the City will comply
with the 1970 Uniform Relocation
Assistance and Land Acquisitions
Policies Act on Federal aid transporta-
tion projects; and
WHEREAS, such a statement must
be on file with the Iowa Department of
Transportation in order for the City to
be in compliance with Federal aid pro-
jects for transportation purposes.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the Mayor be
Agreement with the Iowa Department
of Transportation stipulating that the
City of Dubuque will comply with
Federal regulations relative to the ac-
quisition of property for transporto~
lion purposes, for which Federal funds
are involved,
Passed, adopted and approved this
17th day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldr.
Nays--None.
Communication of City Manager
recommending no parking meter time
change on the east side of Main St.
between llth and 12th Streets and
recommending two hour meters on the
south side of 12th St. between Main
~nd Central Ave. be converted to a ten
hour time zone, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
ORDINANCE NO. 2-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OR-
DINANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY ADDING
A NEW SUBSECTION TO
DISTRICT C OF SECTION 25-326 OF
SAID CODE, TO LIMIT PARKING
TO TEN HOURS AT ANY ONE
TIME ON THE SOUTH SIDE OF
TWELFTH ST. BETWEEN MAIN
ST. AND WHITE ST. TO PROVIDE
FOR THE ESTABLISHMENT OF
PARKING METER DISTRICTS IN
THE CITY OF DUBUQUE, presented
and read.
Council Member Beurskens moved
that the reading just had be con-
sidereal the first rea~ing of the Or-
dinance. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when official ac-
tion is taken, be dispensed with.
Seconded by Council Member Ham-
mci. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
ORDINANCE NO. 2-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA BE AMENDED BY ADDING
A NEW SUBSECTION TO DIS-
TRICT C OF SECTION 25-326 OF
SAID CODE, TO LIMIT PARKING
TO TEN HOURS AT ANy ONE
TIME ON THE SOUTH SIDE OF
TWELFTH STREET BETWEEN
16
Special Session, January 17, 1983
MAIN STREET AND WHITE
STREET TO PROVIDE FOR THE
ESTABLISHMENT OF PARKING
METER DISTRICTS IN THE CITY
OF DUBUQUE.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the Code of Ordi-
nance~ of the City of Dubuque, Iowa,
be amended by adding a new subsec-
tion of District C of Section 25-326, to
read as follows:
Section 25-326, Parking Meter District
C
"Tweffth Street, south side, between
Main Street and White Street"
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by deleting the following
subsection of District B of Section 25-
326:
Secflon 25-326, Parking Meter District
B
"Tweffth Street, south side, between
Central Avenue and Main Street"
Section 3. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by deleting the following
subsection of District A of Section 25-
326:
Section 25-326, Parking Meter District
A
"Twelfth Street, south side, between
Central Avenue and White Street"
Section 4. That all Ordinances or
parts of Ordinances in conflict with
this Ordinance, be and they are hereby
repealed.
PASSED, APPROVED AND
ADOPTED this 17th day of January,
1983.
James E. Brady,
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 21st day of Jan-
usry, 1983.
Mary A. Davis
It 1/21 City Clerk
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Ham-
mci. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
RESOLUTION NO. 12-83
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that the following having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a pern~t
to sell Cigarettes and Cigarette Papers
within said City.
Howard Johnson Co. 50 J.F.K.
Passed, adopted and approved this
17th day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 13-83
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap.
plicants a Beer Permit.
CLASS "C" BEER PERMIT
Beverly R. Miller 260 Southern Ave.
(Also Sunday Sales)
TFMCo. 51 W. 32nd St.
{Also Sunday Sales)
Passed, adopted and approved this
17th day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the foilowing vote:
Special Session, January 17, 1983
17
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Deich, Hummel
Klauer, Kluesner, Kronfeldt.
Nays--Council Member Hanunel on
Beverly R. Miller (Sid's Beverage)
only.
RESOLUTION NO. 14-83
WHEREAS, Appllcatinns for Li-
quor Licenses have been submitted to
tins Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of .the
City of Dubuque, Iowa, that tho
Manager be authorized to cause to be
issued to the foilowlng named ap.
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Lorraine A. Fransen 1100 Lincoln
Robert P. Spiegelhalter
2364 Washington
Jerry G. Turner 925 Century Dr.
(Also Sunday Sales)
Passed, adopted and approved this
17th day of January, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
rled by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Khiesnor, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Cable
Teleprogramming Comm. of 1-4 (ap-
proved), Fublic Library of 11-5 (ap-
proved), P & Z Conun. of 1-5 (unap-
proved), Elec. Examining Bal. of 1-11
(unapproved), Combined Housing and
Community Development Comm. of
12-14 (unapproved), Historic Prgserva-
tion Corem. of 12-14, 12-28, 1-3 and 1-9
(ail approved), presented and read.
~ouncil Member Beurskens moved
that tho minutes be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: O'Connor, Thomas, Hammer,
Bertsch & Norby vs. Fischer Invest-
ment Co. et al and City of Dubuque,
Iowa, directing plats, easements and
special warranty deeds be deposited in
court; Ann C. Connolly, in amount of
$101.50 for labor charges to remove
ice; Dorothy Haigh, in unknown amt.
for personal injuries, presented and
read.
Council Member Hannnel moved
that the claims and suits be referred to
the Corporation Counsel for investiga-
tion and report. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Solicitor
Lindahi advising of dismissal of Suit
in case of Barrett vs. City of Dubuque,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, of List of Claims for
month of November, 1982, presented
and read.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Refunds Requested: S.S. Kresge Co.
#100, $50 on unexpired Cigarette
License, presented and read.
Council Member Beurskens moved
that the refund be approved and
Finance Director to issue proper
check. Seconded by Council Member
18
Special Session, January 17, 1983
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
Catholic Mothers Study Clubs pro-
testing the plan to charge adinission
fees to Eagle Point Park, presented
and read.
Council Member Beurskens moved
that the communciation be referred to
the Budget Sessions. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, I-tammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Planning and
Zoning Commission advising Edwards
Property located south of Patricia
Ann Drive and west of Edwards Road
has reverted to its former R-2 Single
Family Residential District Classifica-
tion due to the failure to submit a final
plan for the area as required,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing Mayor be authorized to ex-
ecute Community Development Block
Grant application, reflecting change in
Entitlement from $979,000 to
$927,000, presented and read.
Council Member Beurskens moved
that the co~nmunication be received
and filed and approved authorization.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Conununication of City Manager
recommending against the installation
of the addition of the left turn lanes on
Peru Rd. at Roosevelt St. and
Sheridan Rd., presented and read.
Council Member Beurskens moved
that the communication be received
and filed and approved the recommen-
dation. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Melnber Beurskens read the
following letter into the record.
January 11, 1983
To: Honorable Mayor and City Council
From: W. Kenneth Gearhart, City
Manager
Subject: Response to the Questions of
Mr. Alfred Polsean
INTRODUCTION
The following is in response to Mr.
Alfred Polsean's questions referred
from the January 10, 1983, Council
meeting.
DISCUSSION
Streets
The 99 signature petition, which was
submitted, requests that the cost of
paving Crescent Ridge and Starlight
Drive be funded entirely by City
funds.
This is contrary to the City's current
policy of assessing major street
reconstruction up to a maximum
width of 31 feet, with the City funding
the balance of the roadway width. The
latest draft of the five-year street im-
provement plan includes a three-inch
asphalt overlay on Crescent Ridge as
part of the 1984 Street Program. The
cost of the project is estimated to be
$202,270.00, all of which is assessable
under current policy.
A short-term manual traffic count
taken in 1979 at the intersection of
English Mill Road and Crescent Ridge
shows the following volumes:
A.M. Peak 8:00 - 9:00
English Mill Road
Crescent Ridge - East
Crescent Ridge - West
P.M. Peak 3:30 - 4:30
English Mill Road
Crescent Ridge - East
Crescent Ridge - West
Total
Vehicles Trucks %
76 66 87%
42 7 17%
100 67 67%
30 13 43%
60 ' 13 22%
50 6 12%
Special Session, January 17,1983
19
Traffic counts taken by the Iowa
Department of Transportation in 1975
show the total daily volume on Cres-
cent Ridge to be 510 vehicles
Starlight Drive, 200 vehicles; and
Cedar Cross Road, 2,134 vehicles.
Although these counts range from
three to seven years old, they should
still be representative of the volumes
hi the area, and I would not propose
that additional counts be made.
Sewer Line
Mr. Polsean alleges that his septic
system was mostly destroyed by the
City's contractor and that two buried:
water tanks were removed from his
back yard.
The first item was the source of a
claim which was filed by Mr. Polsean
on November 15, 1982. Although the
claim was untimely filed and denied by
the City Solicitor, City staff agreed to
have Tschiggfrie Excavating expose
the septic system lines which were
allegedly removed.
Mr. Polsean agreed that if the llne~
were found not to have been replaced,
that Tschiggfrie Excavating would in-
stall the lines at no cost. However, if
the lines had been installed, as our
records indicated on February 18,
1982, then Mr. Polsean was to pay
Tschiggfrie Excavating for the time
necessary to expose the lines.
In late December, 1982, Tschiggfrie
Excavating located and exposed the
septic line which was allegedly remov-
ed and not replaced. The City has not
yet received a bill for this work,
however, it is the City's intention to
forward the bill to Mr. Polsean for pay-
ment pursuant to the agreement.
In reference to the second item con-
cerhing the buried water tanks, I
would advise that no tanks were en-
countered in the construction of the
sewer project.
Monthly billings for sanitary sewer
service are normally computed from
water meter readings, and currently
billed at the rate of $1.15 per hundred
cubic foot of water consumption. Since
the homes in this area were on private
water systems at the time of the sewer
installation, none of the homes had
water meters. As an option to paying
for a meter to be installed, the
residents were offered a fiat consump-
tion rate of twelve hundred cubic feet
per month. Customers not satisfied
with the flat rate charges may at any
time upon the installation of a meter
be transferred to billings based upon
actual water consumption.
Watermain
The watermain on Crescent Ridge
was placed on the south side of the
pavement to avoid conflict with the
gas main located on the north side.
Furthermore, this alignment would
have conflicted with front yards,
gravelled parking area, driveways,
trees and bushes~ ali of which were
avoided with the alignment chosen.
The result was a lower overall con-
struction savings on the project.
The watermain is sixteen inches in
diameter. This is a larger main than is
necessary to service the Crescent
Ridge area, and is sized for future
development and looping of the water
system.
Estimates we have received on
similar connections to the watermain
in this area range from $1,200.00 to
$1,500.00, assuming that the fine is
bored under the pavement, as opposed
to the $2,500.00 which Mr. Polsean has
quoted for the connection.
ACTION REQUIRED
This memorandum should be receiv-
ed and filed. A copy has already been
forwarded to Mr. Polsean. I would also
advise that preparation of this
response to Mr. Polsean consumed ap-
proximately three hours of various
City staff member's time in data col-
lection, composition, and typing time.
Council Member Hanunel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Fiscal Year 1982 Audits as
prepared by Helle, Klosterman and
Co., and the Auditor's findings and
recommendations, along with the
City's response, presented and read,
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the ~ollow-
ing vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Klauer, Kluesner, Krunfeldt.
Nays--None.
Communication of City Manager
20 Spedal Session, January 17, 1983
submitting Fiscal Year 1982 Annual
Financial Report, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
John Schublin, Ex. Dir. of Winter
Wonderland, requested Council per-
mission to use the water near the
Dubuque Marina for ice skating and
ice fishing on Jan. 28th and Jan. 29th.
Council Member Klauer moved that
the request to referred to Staff for ac-
tion and advice and report back before
Jan. 28th if a meeting is held. Second-
ed by Council Member Deich. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel;
Klauer, Khiesner.
Nays--Council Member Kronfeldt.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved. .1983
Adopted .1983
Mayor
Council Members
ATTEST:
City Clerk
Special Session, January 28, 1983 21
CITY C0UNClL1 Manager of Jeld-Wen advised they
OFFICIAL
Special Session, January 28, 1983.
Council Met at 4:45 p.m., Council
Chambers, City Hail.
Present--Council Members Beur-
skens, Deich, Hammel, Klauer,
Kluesner, Kronfeldt, City Manager W.
Kenneth Gearhart.
Absent--Mayor Brady, Corporation
Counsel Harley F. Stark, Jr.
Mayor Pro-Tern Kluesner read the
call and stated that service thereof had
been duly made and this Meeting is
called for the purpose to consider a
RESOLUTION AUTHORIZING
FILING OF AN APPLICATION
WITH THE ECONOMIC DEVELOP-
MENT ADMINISTRATION, and ac~
ting upon such other business which
may properly come before the Council.
Communication of City Manager
submitting the proposed second phase
of the Dubuque Industrial Center and
recommending Council approve an ap~
plication to the Economic Develop-
ment Administration for grant funds
to undertake that project, presented
and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Pro-Tem Kluesner
Council Members Beurskens, Deich,
Hammel, Klauer,
Nays--None.
Abstain--Council Member
Kronfeldt.
Absent--Mayor Brady.
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Deich. Carried by the renewing vote:
Yeas--Mayor Pro-Tern Kluesner,
Council Members Beurskens, Deich,
Klauer, Kronfeldt.
Nays--Council Member HammeL
Absent--Mayor Brady.
Daniel Dittemore, representing the
Chamber of Commerce, addressed the
Council requesting to proceed with the
project to be known as Phase II and
located on Chavenelie Road extension
which is on the west side of Radford
Road- Stated Jeld-Wen is interested
in relocating to that area so as to have
Mr. Bill Scharmann, General Plant
were very interested in area west of
Radfurd Road and south of Chavenelle
Road Extension - But not prepared at
this time to make a firm committment.
RESOLUTION OF GOVERNING
BODY OF APPLICANT
RESOLUTION NO. 15-83
Resolution Authorizing Filing of Ap-
plicatinn with the Economic Develop-
meat Administration, U.S. Depart-
ment of Commerce, United States of
America, for a Grant under the Terms
of Public Law 89-136, as Amended.
WHEREAS, under the terms of
Public Law 89-136, as amended, the
United States of America has
authorized the making of grants to
public bodies and private nonprofit
organizations or associations to aid in
financing the construction of specific
projects:
NOW, THEREFORE, BE IT RE-
SOLVED By the City Council of the
City of Dubuque, Iowa:
1. That James E. Brady, Mayor, is
hereby authorized to execute and file
an application on behalf of The City of
Dubuque, Iowa with the Economic
Development Administration, U.S.
Department of Commerce, for a grant
to aid in financing the construction of
Industrial park infrastructure, in-
chiding sewer & water mains, lighting
and access roads.
2. That the above named authorized
representative is hereby authorized
and directed to furnish such informa-
tion as the Economic Development
Administration, U.S. Department of
Commerce, may reasonably request in
connection with the application which
is herein authorized to be filed, and
further is authorized to accept any of-
fer of grant which may be tendered by
the Economic Development Ad-
ministration, U.S. Department of
Commerce.
CERTIFICATE OF
RECORDING OFFICER
The undersigned duly qualified and
acting City Clerk of the City of Dubu-
que, Iowa, does hereby certify:
That the attached resolution is a
true and correct copy of the resolution,
authorizing the filing of application
with the Economic Development Ad-
22
Special Session, January 28, 1983
ministration, U.S. Department of
Commerce, as regularly adopted at a
legally convened meeting of the City
Council of Dubuque, Iowa duly held on
the 28th day of January, 1983; and fur-
ther that such resolution has been ful-
ly recorded in the journal of pro-
ceedinge and records in my office.
In Witness Whereof, I have hereun-
to set my hand this 28th day of
January, 1983.
Seal Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayor Pro-Tern Khiesner,
Council Members Beurskens, Deich,
Hammel, Klauer.
Nays--None.
Abstain--Council Member
Kronfeldt.
Absent--Mayor Brady.
Communication of Dubuque In-
Futuro, Inc. requesting approval of an
Amendment to the Frommelt Land
Purchase Contract for property
located in the Dubuque Industrial
Center, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Pro-Tern Khiesner
Council Members Beurskens, Deich,
Hammel, Klauer.
Nays--None.
Abstain--Council Member
Kronfeldt.
Absent--Mayor Brady.
RESOLUTION NO. 16-83
A Resolution Approving an Amend-
ment to a Contract for Purchase of
Real Estate with Frommelt In-
dustries, Inc. and Dubuque In-Futuro
Inc.
WHEREAS, Frommelt Industries
Inc., Dubuque In-Futuro, Inc. and the
City of Dubuque, Iowa have
heretofore entered into a Contract for
Purchase of Reel Estate, dated May 4,
1981; and,
WHEREAS, pursuant to said Con-
tract, an industrial development site
has been graded and improved for
Frommelt Industries, Inc. in the
Dubuque Industrial Center, and which
site may now be conveyed to From-
melt Industries, Inc. in fulfillment of
that Contract; and,
WHEREAS, the site to be conveyed
to Frommelt Industries, Inc. is known
to comprise less area than had been
specified in the original Contract, and
for which reason the parties have
agreed to adjust the terms of sale of
said parcel;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Amendment to
the Contract for Purchase of Real
Estate, hereto attached and marked
Exhibit "A", be and the same is
hereby approved.
Section 2. That the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to endorse the ap-
proval of the City of Dubuque, lowa
upon the said Amendment to Contract
for Purchase of Real Estate.
Passed, adopted and approved this
28th day of January, 1983.
Loras J. Kluesner
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Pro-Tem Kinesner,
Council Members Deich, Hammel,
Klauer.
Nays--None.
Abstain--Council Member
Kronfeldt.
Absent--Mayor Brady.
RESOLUTION NO. 17-83
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
Special Session, January 28, 1983
NOW, THEREFORE, BE IT RE-
SOLVED, By the CRy Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
T F M Co. 1236 Iowa Street
Passed, adopted and approved this
28th day of January, 1983.
Loras J. Khiesner
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Pro-Tern Kinesner,
Council Members Beurskens, Delch,
Hammel, Klauer, Kronfeldt.
Nays--None..
Absent--Mayor Brady.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Pro-Tern Kluesner.
Council Members Beurskens, Deict
Hammel, Klauer, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Mary A. Davis
City Clerk
Approved__198
Adopted .1983
Mayor
Council Members
ATTEST:
City Clerk
23