1983 April Counci ProceedingsSpecial Session March 21, 1983
et ux to sell Lots 27 and 28 of M.L. 39
to the City be declined, presented and
read.
Council Member Klauer moved that
the communication be received and fil-
ed and recommendation approved.
Seconded by Council Member Beur-
skens. Carrled by the following vote:
Yeas--Mayor Pro-Tern Kluesner,
Council Members Beurskens, Deich,
Hemmel, Klauer, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
recommending the request of Walter
Pregler that Baldwin Dr. be completed
from Jonathan Lane to Roosevelt
Road be deferred at this time,
presented and read.
Council Member Klauer moved that
the communication be received and
filed and recommendation approved.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Pro-Tern Kluesner,
Council Members Beurskens, Delch,
Hemmel, Klauer, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Klauer. Carried by the fonowlng vote:
Yeas--Mayor Pro-Tem Kluesnar,
Council Members Beurskens, Delch,
Hammel, Klauer, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Mary A. Davis
City Clerk
Approved __1983
Adopted __1983
Mayor
Council Members
ATTEST:
c~ c~
Regular Session, April 4, 1983
89
CITY COUNCIL
OFFICIAL
Regular Session, April 4, 1983.
Council Met at 7:30 o'clock p.m., in
the Council Chambers, City Hall
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Rlauer. 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 the
REGULAR MONTHLY MEETING
of the City Council called for the put-
pose to act upon such business which
inay properly come before the Council.
Invocation was given by Father
Wm. Leonard, Pastor of Nativity
Catholic Church.
PROCLAMATION: Month of April
as "Cancer Control Month" received
by Don Leopold of the American
Cancer Society;
Month of April as "Fair Housing
Month".
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kluesner. 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 to amend Zoning Ordinance
to reclassify property located at 2005
Asbury Road from R-2 Single Family
Residential District and R-3 Multi-
Family Residential District to ID In-
stitutional District, presented and
read.
Don Saunders, of the Bd. of
Trustees for Hillcrest, said they were
requesting the rezoning because they
wished to add to Hillcrest the fo]low-
ing: a kitchen area, a fire exit from the
lower level and additional classroom
space.
No objections were received.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 19-83
AN ORDINANCE PROVIDING
THAT THE ZONING ORDINANCE
AND ZONING MAP OF THE CITY
OF DUBUQUE BE REVISED BY
CONDITIONALLY APPROVING
THE PRELIMINARY DEVELOP.
MENT PLAN AND BY RECLASSI-
FYING PROPERTY OF
HILLCREST FAMILY SERVICES
FROM R-2 SINGLE FAMILY
RESIDENTIAL AND R-3 MULTI-
FAMILY RESIDENTIAL
DISTRICT TO ID INSTITUTIONAL
DISTRICT, said Ordinance having
been presented and read at the Council
Meeting of March 14, 1983, presented
for final adoption.
ORDINANCE NO. 19-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
lNG APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY CONDITIONALLY
APPROVING THE PRELIMINARY
DEVELOPMENT PLAN AND BY
RECLASSIFYING THE HEREIN-
AFTER DESCRIBED PROPERTY
OF HILLCHEST FAMILY SER-
VICES FROM "R-2 SINGLE-FAM-
ILY RESIDENTIAL DISTRICT"
and "R-3 MULTI-FAMILY RESI-
DENTIAL DISTRICT" TO "ID
INSTITUTIONAL DISTRICT".
WHEREAS, Hilicrest Family Ser-
vices, as the institution, has filed a
Preliminary Development Plan and
application for reclassification of
hereinafter described property in com-
pliance with provisions of the ID Insti-
tutional District Regulations as set
forth in Section 4-118.6 of Article IV of
the Code of Ordinances, Appendix A
thereof, of the City of Dubuque, Iowa;
and
WHEREAS, the Planning and Zon-
ing Commission has held a public
hearing on the Preliminary Develop-
merit Plan and zoning reclassification
of said property from "R-2 Single-
Family Residential District" and "R-3
Multi-Family Residential District" to
"ID Institutional District" classifica-
tion pursuant to required published
9O
Regular Session, April 4, 1983
notice; and
WHEREAS, the Planning and Zon-
ing Commission has conditionally
approved the Preliminary Develop-
ment Plan and said application for
zoning reclassification having found
that said Preliminary Development
Plan conforms with the review stan-
dards for Institutional District prelimi-
naW development plans as set forth in
Section 4-118.6.4 of Article IV of the
Code of Ordinances, Appendix A
thereof, of the City of Dubuque, Iowa;
and
WHEREAS, the Planning and Zon-
ing Commission has recommended the
concurrence of the City Council in
conditional approval of the Prelimi-
nary Development Plan and zoning
reclassification; and
WHEREAS, the City Council has
received the recommendation of the
Planning and Zoning Commission and
has hem its own pubhc hearing on said
Preliminary Development Plan and
said application for zoning reclassifica-
tion pursuant to required published
notice; and
WHEREAS, the City Council has
conditionally approved the Preliminary
Development Plan and zoning reclassi-
fication;
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa" by adoption of a
Preliminary Development Plan and by
reclassification from "R-2 Single-Fam-
ily Residential District" and "R-3
Multi-Family Residential District" to
"ID Institutional District", the follow-
ing described property, to wit:
Lot 2 of the Subdivision of Lot 1
of Lot 2 of Mineral Lot 261, Lot 1
of the Subdivision of Lot 1 of Lot
2 of Mineral Lot 2gl, Mettel Link
Place, Lot 2 of Lot 2 of Lot 1 of
Lot 2 of Lot 1 of Lot 1 of Link's
Subdivi£~on, Lot 1 of Lot I of Lot
2 of Lot 1 of Lot I of Lot 2 of Lot 1
of Lot 1 of Link's Subdivision, and
Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 2 of Lot I of Lot 1 of
Link's Subdivision all in the City of
Dubuue, Iowa.
Section 2. That the off-street park-
ing requirements for office use on the
site be established as one (1) space for
every four hundred (400) square feet of
gross floor area.
Section 3. That the classroom faci-
lities meet City Building Codes and
include landscaping plans in the final
development plans.
Section 4. That failure by the insti-
tution to file a Final Development
Plan within one (1) year of the effec-
tive date of this Ordihance may require
rest~bmission of a preliminary develop-
ment plan subject to the requirements
of Section 4-118.6.3 of Article IV of
Appendix A of the Code of Ordinances
of the City of Dubuue, Iowa, also
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
PASSED, APPROVED AND
ADOPTED this 4th day of April,
1983.
James E. Brady,
MAYOR
Aq~FEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
April, 1983.
Mary A. Davis
City Clerk
it 4/22
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Attorney Leo A.
McCarthy requesting an amendment
to the Memorandum of Agreement
and rescheduling of Public Hearing
regarding Industrial Revenue Bonds
for Frommelt Industries now to be
known as Fronunelt Partnership Pro-
ject, presented and read.
Attorney Leo McCarthy, on behalf
of Frommelt Ind. requested the
rescheduling of the Public Hearing
and the extension of the Memorandum
of Agreement.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Dsich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION 61-83
Resolution Authorizing the Execu-
Regular Session, April 4, 1983
91
tion of an Amendment to a Memoran-
dum of Agreement with Frommelt In-
dustries, Inc.
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incor-
porated municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1981,
as amended (the "Act") to issue
revenue bonds for the purpose of
financing the cost of acquiring, by con-
struction or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for the use of
any industry or industries for the
manufacturing, processing or assem-
bling of any agricultnral or manufac-
tured products or of any commercial
enterprise engaged in storing,
warehousing or distributing products
of agriculture, mining or industry, or
of a national, regional or divisional
headquarters facility of a company
that does multi-state business; and
WHEREAS, the Issuer has been re-
quested by Frommelt Industries, Inc.
(the "Company") to issue its revenue
bonds pursuant to the Act for the pur-
pose of financing the acquisition by
construction or purchase of buildings,
equipment and improvements suitable
for use as a manufacturing plant for
material handling equipment (the
"Project"), located within the Issuer;
and
WHEREAS, a Memorandum of
Agreement has heretofore been
entered irto between the Issuer and
the Company under the terms of which
the Issuer agreed, subject to the provi-
sions of such Agreement, to pursue
proceedings necessary under the Act
to issue its revenue bonds for such pur-
pose; and
WHEREAS, the commitments of
the Issuer and the Company under the
Memorandum of Agreement are sub-
ject to the condition that the Issuer
and the Company on or before April
19, 1983, shall have agreed to mutually
acceptable terms relating to the is-
suance and sale of such bonds; and
WHEREAS, due to a delay in the in-
itiation of the Project, the Company
has now requested an extension of the
deadline within the Memorandum of
Agreement for the reaching of agree-
ment as to mutually acceptable terms
relating to the issuance and sale of
such bonds; and
WlfEREAS, the Company also
desires to assign its interests and
rights in and to the Project and under
the Memorandum of Agreement to
Frommelt Partnership, an Iowa
General Partnership, which comprises
Paul ,L Frommelt, Robert J. From-
melt, David J. Frommsit, John A.
Frommelt, and Nicholas L. Frommelt,
as general partners, each of whom is
principal shareholder of the Company
(the "Partnership");
NOW. THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. The Issuer hereby con-
sents to an assignment by the Com-
pany of its rights and interests in and
to the Project and under the Memoran-
dum of Agreement to the Partnership.
Section 2. The Amendment to the
Memorandum of Agreement in the
form and with the contents set forth in
Exhibit A attached hereto be and the
same is hereby approved and the
Mayor is hereby authorized to execute
said Amendment to the Memorandum
of Agreement and the Clerh is hereby
authorized to attest the same and to af-
fix the seal of the Issuer thereto, said
Amendment to the Memorandum of
Agreement which constitutes and is
hereby made a part of this Resolution
to be in substantially the form, text
and containing the provisions set forth
in Exhibit A attached hereto.
Section 3. Officials of the Issuer are
hereby authorized to tahe such further
action as may be necessary to carry
out the intent and purpose of the
Memorandum of Agreement and the
Amendment to the Memorandum of
Agreement.
Section 4. That all resolutions and
parts thereof in conflict herewith are
hereby repealed to the extent of such
conflict.
Passed, adopted and approved this
4th day of April, 1988.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
EXHIBIT A
AMENDMENT TO MEMORANDUM
OF AGREEMENT
THIS AMENDMENT TO
MEMORANDUM OF AGREEMENT
92
Regular Session, April 4, 1983
is between the City of Dubuque, iowa,
(the "Issuer") and Fronunelt In-
dustries, Inc. (the "Company"), and
Frommelt Partnership, an Iowa
General Partnership (the "Partner-
ship").
1. Preliminary statements.
(al Thc Issuer and Company
heretofore entered into a Memoran-
dum of Agreement dated as of Oc-
tober 19, 198], under the terms of
which the Issuer agreed, subject to
the provisions of such Agreement, to
pursue proceedings necessary under
Chapter 419 of the Code of Iowa to
issue its revenue bonds in an ag-
gregate amount not to exceed
$5,000,000 (the "Bonds") for the
purpose of financing the acquisition
by construction or purchase of
buildings, equipment and im-
provements suitable for use by the
Company as a manufacturing plant
for ~naterial handling equipment (the
"Project").
(b) The Company desires to, and pur-
suant to separate documents has or
will, assign its interests and rights in
and to the Project and under the
Memorandum of Agreement to the
Partnership.
(c) The Company and the Partner-
ship desire an extension to the
deadline stated in the Memorandum
of Agreement by wtfich the Issuer
and the Company, or the Partner-
ship as the Company's assignee,
must have agreed to mutually accep-
table terms relating to the issuance
and sale of the Bonds.
2. Consent of the Partnership.
The Partnership hereby agrees to
assume all the duties and obliga-
tions of the Company as stated in
the Memorandum of Agreement, as
amended herein.
3. Consent of the Company.
The Company specifically consents
to the assumption by the Partner-
ship of the Compauy's duties and
obligations under the Memorandum
of Agreement, as amended herein.
4. Consent of the Issuer.
Tlie Issuer consents to the assump-
tion by the Partnership of the Com-
pany's duties and obligations under
the Memorandum of Agreement as
amended herein.
5. General Amendment Provisions.
(a) The Parties hereto agree and
state that the Project as described in
the Memorandum of Agreement re-
mains unchanged; except that the
acquisition of the Project shall now
be by the Partnership, which shall
lease the Project to the Company for
use as stated in thc Memorandum of
Agreement.
(b) The commitments on the part of
the Issuer and the Partnership, as
assignee of the Company, as stated
in the Memorandum of Agreement
are confirmed except that said com-
mitments are subject to the condi-
tion that on or before two years from
the date hereof (or such other date as
shall be mutually agreed to) the
Issuer and the Partnership shall
have agreed to mutually acceptable
terms relating to the issuance and
sale of the Bonds for the purposes
stated above.
Dated this 4th day of April, 1983
Dubuque, Iowa
By James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk (Seal)
Frommelt Industries, Inc.
By: Robert J. Fro~rm~e]t, Vic~President
(Seal)
and
Paul J. Frommelt, Secretary
Fronunelt Partnership,
an Iowa General Partnership
(Seal)
By: Paul J. Fro~melt, General Partner
(Seal)
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO, 62-83
Resolution fixing a date for a second
hearing on proposed Industrial
Development Revenue Bonds, Series
1981 (Frommelt Industries, Inc. Pro-
ject) and changing the project designa-
tion thereof
WHEREAS, the City of Dubuque,
in the County of Dubuque, State of
Iowa (the "Issuer"), is an incorporated
municipality authorized and em-
powered by the provisions of Chapter
419 of the Code of Iowa, 1981, as
amended (the "Act") to issue revenue
bonds for the purpose of financing the
cost of acquiring, by construction or
Regular Session, April 4, 1983
93
purchase, land, buildings, im-
provements and equipment or any in-
terest therein, suitable for the use of
any industry or industries for the
manufacturing, processing or aseem-
bfing of any agricultural or manufac-
tured products or of any commercial
enterprise engaged in storing,
warehousing or distributing products
of agriculture, mining or industry, or
of a national, regional or divisional
headquarters facility of a company
that does multistate business; and
WHEREAS, the Issuer was
previously requested by Frommelt In-
dustries, Inc. (the "Company"), an
Iowa corporation, to issue its revenue
bonds to finance the cost of the ac-
quisition by construction or purchase
of buildings, equipment and im-
provements suitable for use as a
manufacturing plant for material
handling equipment (the "Project")
located within the Issuer, which will
promote the welfare of the Issuer and
its citizens; and
WHEREAS, it was previously pro-
posed to finance the cost of the Project
through the issuance of Industrial
Development Revenue Bonds, Series
1981 (Frommelt Industries, Inc. Pro-
ject) of the Issuer in an aggregate prin-
cipal amount not to exceed $5,000,000
(the "Bonds") and to loan said amount
to the Company under a Loan Agree-
ment between the Issuer and the Com-
pany the obligation of which will be
sufficient to pay the principal of and
redemption premium, if any, and in-
terest on the Bonds as and when the
same shall be due and payable; and
WHEREAS, the Issuer previously
conducted a public hearing on the pro-
posal to issue said Bonds, all as re-
quired and provided for by Section
419.9 of the Act; and
WHEREAS, since the public hear-
ing the Company has proposed and the
Issuer has consented to an assignment
by the Company of its interests in and
to the Project to Frommelt Partner-
ship, an Iowa General Partnership,
(the "Partnership"), which Partner-
ship has agreed to assume all the
duties and responsibilities of the Com-
pany with respect to the Project and
the Bonds; and
WHEREAS, the Partnership pro-
poses to acquire the Project and to
lease it to the Company for the use
stated above; and
wHEREAS, the Issuer deems it in
the public interest to conduct a second
public hearing with respect to the pro-
posal to issue its Bonds for the financ-
lng of this Project;
NOW THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. This Council shall meet at
the City Hall Council Chambers in
Dubuque, Iowa, on the 2nd day of
May, 1983, at Z'30 o'clock, p.m., at
which time and place a second public
hearing shall be held on the proposal to
issue the Bonds referred to in the
preamble hereof, at which hearing all
local residents who appear shall be
given an opportunity to express their
views for or against the proposal to
issue the Bonds; provided, however,
that the Bonds shall be redesignated
Industrial Development Revenue
Bonds, Series 1983 (Frommelt Partne~
ship Project).
Section 2. The Clerk is hereby
directed to give notice of intenHon to
issue the Bonds, setting forth the
amount and purpose thereof, the time
when and place where the hearing will
be held, by publication at least once
not less that fifteen (15) days prior to
the date fixed for the hearing, in the
TELEGRAPH HERALD, a
newspaper published and having a
general circulation within the Issuer.
The notice shall be in substantially the
following form:
NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT
REVENUE BONDS
SERIES 1983
(Frommelt Partnership Project)
The City Council of the City of
Dubuque, Iowa~ (the "Issuer") will
meet on the 2nd day of May, 1983, at
City Hall Council Chambers, in Dubu-
que, Iowa, at 7:30 o'clock, p.m., for the
purpose of conducting a public hearing
on the proposal to issue Industrial
Development Revenue Bonds, Series
1983 (Frommelt Partnership Project)
of the Issuer. in an aggregate principal
amount not to exceed $5,000,000 (the
"Bonds"), and to loan said amount to
Frommelt Partnership (the "Com-
pany''), an Iowa General Partnership,
for the purpose of defraying the cost,
to that amount, of the acquisition by
Regular Session, April 4, 1983
construction or purchase of buildings,
equipment and improvements suitable
for use as a manufacturing plant for
material handling equipment, which
facilities are presently intended to be
leased to Frommelt Industries, Inc.,
and are to be located within the Issuer.
The Bonds, when issued, will be
limited obligations and will not con-
stitute general obligations of the
Issuer nor will they be payable in any
manner by taxation, but the Bonds
will be payable solely and only from
amounts received by the Issuer under
a Loan Agreement between the Issuer
and the Company, the obligation of
which will be sufficient to pay the prin-
cipal of and interest and redemption
premium, if any, on the Bonds as and
when the same shall become due.
At the time and place fixed for said
public hearing all local residents who
appear will be given an opportunity to
express their views for or against the
proposal to issue the Bonds, and at the
hearing or any adjournment thereof,
the Issuer shall adopt a resolution
determining whether or not to proceed
with the issuance of the Bonds.
By order of the City Council, this 4th
day of April, 1983.
Mary A. Davis City Clerk
Section 3. All resolu~ons and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Passed, adopted and approved this
4th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Doich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Klauer, Klu~sner, Kronfeldt.
Nays--None.
Petition of Classie G. Hoyle re-
questing: to address the Council regar-
ding the resignation of Clarence Duffy
from the Human Rights Commission
AND Petition containing approx-
imately 194 signatures requesting a
review of tho appointment of Clarence
Dully to the Human Rights Comm.,
presented and read.
Council Member Beurskens moved
that the petitions 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.
Classie Hoyle, 3053 Asbury, re-
quested that Clarence Duffy's resigna-
tion be called for, stressing she did not
attack him personally, but rather his
racial attitude.
Kevin McGee, 1655 Marjorie Circle,
stated that the qualifications
necessary for a Human Rights Com-
missioner (serious attitude, respect
and enforcement) were not apparent in
Mr. Duffy and thus it was a mistake to
appoint him.
John Taylor, 3904 Short St., ques-
tioned the humor in racism.
Ethel Cherioli, 2777 Broadway,
stated support of Clarence Duffy.
Linda Osterkamp, 1671 Avoca, on
behalf of the Dubuque Chapter of
NOW. requested the Council seriously
consider the information set forth
tonight.
Richard Carr, 382 E. 21st St., ques-
tioned what happens to the written ap-
plications of the 17 applicants, were
there any personal interviews- how
many and with whom, what groups did
Council decide to pick Commissioners
from, and what is the procedure when
a Commissioner leaves a Commission?
Karia Braig, 175 S. Hill St., as a
Human Rights Commission applicant,
expressed disappointment in the pro-
cedure used to choose Commissioners.
Ann Bodnar, 990 W. 3rd, stressed
that groups are not being treated
equally and that they should consider
the process of selection.
Murray Crawford, 2065 Broadlawn,
objected to racial names.
O. C. Wimley stressed that represen-
tatives of 25 groups were in atten-
dance and they wanted justice done
and that Mr. Duffy's resignation
should be asked for.
Wilbur Leonard, 507 Garfield,
stated that Mr. Duffy should be given
a chance and that he was being
persecuted tonight.
Rev. Wm. Dix, 405 Hill St., Pastor of
the United Pentecostal Church, stress-
ed that only a sick society uses racial
jokes.
Maggie George, 1024 Patricia Ann
Dr., questioned the criteria for ap-
Regular Session, April 4, 1983
95
pointments and requested Mr, Duffy's
resignation be brought about.
Shimon Ra~nirez, 754 Sunset Ridge,
stated he would not stop til Mr. Duffy
was removed from the Commission.
Ed Rosenow, 9 E. 26th St., stated
that Mr. Duffy had apologized for past
behavior and now should be allowed to
continue with the work on the Com-
JoAnn Hall, 1858 Avalon, question-
ed the clarification of Mr. Duffy's ap-
pointment.
Hank Goldstein, R.R. #4, questioned
the clarification of the qualities
necessary to be on the Human Rights
Commission,
Council Member Deich moved to
reimpose the rules. Seconded by Coun-
cil Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt,
Nays--None.
After discussion, Council Member
Klauer moved to go on record as support-
Lng Mr. Duffy's appointment to the
Human Rights Commission. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
Petition of Planning and Zoning
Commission requesting further action
from Council on the zoning of the area
known as the North Sector, presented
and read.
Council Member Hammel moved
that the petition be received and filed
and matter be placed on the Agenda
for Public Hearing. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
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-
hers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
William Neumeister, 3674 Crescent
Ridge, stated he believed that the
Council was very much underpaid and
no need to justify increase.
ORDINANCE NO. 20-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING A NEW SECTION 2-21 IN
LIEU THEREOF TO PROVIDE FOR
THE COMPENSATION OF THE
MAYOR AND COUNCIL
MEMBERS EFFECTIVE JANUARY
1, 1984 ($5,500 FOR MAYOR AND
$4,200 FOR COUNCIL MEMBERS),
said Ordinance having been presented
and read at the Council Meetings of
March 12, 1983, and March 21, 1983,
presented for final adoption.
ORDINANCE NO. 20-83
AN ORDINANCE AMENDING THE
CODE OR ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 2-21
THEREOF AND BY ENACTING A
NEW SECTION 2-21 IN LIEU
THEREOF TO PROVIDE FOR THE
COMPENSATION FOR THE
MAYOR AND COUNCIL MEM-
BERS
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 2-21
thereof and by enacting a new Section
2-21 in lieu thereof as follows:
Sec. 2-21. Compensation.
(a) The compensation for the mayor
shall be three thomand five hundred
dollars ($3,500.00) per annum and the
compensation for council members
shall be three thousand dollars
($3,000.00) per annum.
(b) Effective January 1, 1984, the
compensation for the mayor shall be
five thousand five hundred dollars
($5,500.00) per annum and the com- '
~nsation for council members shall be
four thousand two hundred dollars
($4,200.00) per annum.
Passed, approved and adopted this
4th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of
April, 1983.
Mary A. Davis
City Clerk
Regular Session, April 4, 1983
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskcns, Deich, Hammel,
Klauer, Kluesner.
Nays--Council Member Kronfeldt.
RESOLUTION NO. 63-83
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, lowa, be granted a per trot to
sell Cigarettes and Cigarette Papers
within said City.
Douglas Fink and Richard Pitz
760 E. 16th St.
Steve Smith 2418 Central Ave.
Steve Smith 1585 Delhi St.
Passed, adopted and approved this
4th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 64-83
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 ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Kopp and Treanor, Inc.
2327 Central Avenue
SPECIAL CLASS "C"
BEER & WINE LICENSE
Dubuque Art Association 720 Central
Passed, adopted and approved this
4th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk.
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner~ Kronfeldt.
Nays--None.
RESOLUTION NO. 65-83
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
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
St. Patrick's Parish Corp.
1425 Iowa St,
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Leonard Oil Company 1387 Dodge St.
(Also Sunday Sales)
Passed, adopted and approved this
4th day of April, 1983~
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
Regular Session, April 4, 1983
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None,
MINUTES SUBMITTED: Airport
Comm. of 3-15 (approved), presented
and read.
Council Member Kluesner 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, Kronfeldt.
Nays--None.
Cable Regulatory Comm. of 3-9;
Park & Rec. Comm. of 3-14 (unapprov-
ed); Five Flags Comm. of 3-21 (unap-
proved); Housing Comm. of 4-23 (ap-
proved); Dock Bd. of 1-19, 12-9 and
3-15 (all approved); Planning and Zon-
ing of 3-2 (approved) and 3-16 (unap-
proved); Transit Bd. of 3-19
(approved), presented and read.
Council Member Hammel 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, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing City Clerk be authorized to
publish public notice that a summary
of the budget as adopted by the City
Council be made available for public in-
spection, presented and read.
Council Member Hammel moved
that the communication be received
and filed and authorization granted.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Darlene
Hantelmann, Personnel Assistant, ad-
vising the "Youth in Government Pro-
gram" will be held on April 11, 12, &
13, 1983, presented and read.
Council Member Hammet 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, Kronfetdt.
Nays:-None.
NOTICES OF CLAIMS AND
SUITS: Mildred Frommelt, in
unspecified amt. for personal injuries
received in a fall on or about 10-3-82;
Telegraph Herald vs. City of Dubuque
et al submitting Petition of Man-
damus for the production of public
records, presented and read.
Council Member Hammel 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-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communications of Corporation
Counsel recommending settlements of
tire damage claim of Kenneth E. Reach
in amount of $58.04; Property damage
claim of LuVern H. Stockel in amount
of $120.09; Motor vehicle damage
claim of Gloria H. VanVors in the
amount of $99.92, presented and read.
Council Member Hammel moved
that the communications be received
and filed and settlements approved
with the Finance Director to issue pro-
per checks. 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,
Communications of Corporation
Counsel recommending denials of tire
damage claim of David A.
Christensen; Personal Injury Claim of
Elmer P. Petersen, on behalf of his
son, Christian; Personal Injury Claim
of David Travis; and Tire Damage
Claim of Eugene H. Zasada, presented
and read.
Council Member Hammel moved
that the communications be received
and filed and denials approved.
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 List of Claims paid
for month of February, 1983,
presented and read.
Council Member Hammel moved
that the proof of publication be
98
Regular Session, April 4, 1983
received and filed. Seconded by Coun-
cil Member Klauer. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hamme]
Klauer, Kluesner; Kronfeldt.
Nays--None.
March 23, 1983
Honorable Mayor and
Members of the City Council
In accordance with the provisions o
Chapter 400 of the 1981 Code of Iowa
the Civil Service Commission con-
ducted Promotional Examinations on
March 10, 1983 for members of the
Fire Department.
We do hereby certify that the follow-
ing members of the Fire Department
have passed the written promotional
examination for the position of Assis-
tant Chief/Training Officer with a
score of seventy percent (70 %) or bet-
ter.
Assistant Chief/Training Officer
James C. Miller
Frank B. Potter
Francis Basten
Kenneth Link
Respectively submitted,
John E. Hess
Chairperson
G. W. Koppes
Dolores A. Reihie
Civil Service Commission
ATTEST:
Mary A. Davis
Secretary
Council Member Hammel moved
that the above communication be
made a matter of record. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of James P. Curoe
submitting resignation from the City
Board of Review effective immediately
(term to expire 1-1-85) presented and
read. Council Member Hammel moved
that the communication be referred to
the Conference Board. Seconded by
Council Member Klauar. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Group W Cable
submitting Financial Report for period
of 12-31-81 and 12-31-82, presented
and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
Yeas--Mayor Brady; Council Mem-
bers Beurskens. Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Wm. Neumeister, 3674 Crescent
Ridge, set out specific questions
relative to the Crescent Ridge
Sanitary Sewer Phase II project, ques-
tioned why A. Y. McDonald Mfg. Co.
is even considering drilling their own
well, stated he was willing to con-
tribute toward a complete investiga-
tion of meter and parking ramp in-
vestigation and stated that now is the
time to rent the crop land at the FDR
Park.
There being no further business,
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Delch. 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
Spedal Ses~on, A~ril11,1983
99
CITY COUNCIL
OFFICIAL
Special Session, April 11. 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-
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 conduct a PUBLIC
HEARING ON THE CONCSTRUC-
TION OF CRESCENT RIDGE
SANITARY SEWER PROJECT,
PHASE II, and acting upon such
other business which may properly
come before the Council.
Invocation was given by Dr. John
Baird, Professor of Homiletics &
Ministry at the University of Dubuque
Theological Seminary.
PROCLAMATIONS: Week of April
10-16, 1983 as "Boys' Club Week"
received by several members of the
Dubuque Boys Clqb; Week of April
17-23, 1983 as "Professional Social
Work Week".
Mayor Brady swore in the "Youth in
Government" officials: ·
Mayor--Tom Kutsch.
Council Members--Michael Welu, Kel-
ly Goffinet, Nell Domeyer, Bill Gorton,
Janie Lyons, Michael O'Hara.
City Manager--Rod Ahmann.
City Clerk--Karla Blaser.
Corporation Counsel--Karl Kruse.
Council Member Kluesner 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 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 to designate as architectural-
ly significant the property located at
419 Bluff St., presented and read.
There were no written objections
received. Mary Ransdell, 653 W. llth
St., as part owner of the property, re-
quested favorable approval of the
designation.
Codncil Member Ktauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammvl,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 66-83
A Resolution Designating as Architec-
rurally Significant the Property
Located at 419 Bluff Street and
Hereinafter Described, Pursuant to
the Requirements of Appendix A of
the Code of Ordinances.
WHEREAS, the City Council has
heretofore passed, approved and
adopted an ordinance perr~,itting
structures with historical or architec-
tural significance to be used for certain
low-intensity commercial uses; and
WHEREAS, the City Council has
received a request to designate the
~tructure situated on the real estate
hereinafter described as being ar-
chitecturally or historically significant
for the purposes of the Zoning Or-
dinanca; and
WHEREAS, the City Council has
received and reviewed the conm~ents
of the State Historic Preservation Of-
ricer, the Dubuque Historic Preserva-
tion Commission and the Dubuque
County Historical Society regarding
the historical and architectural
significance of said structure; and
WHEREAS, the City Council has
held a public hearing for the purpose of
hearing all interested parties and con-
sidered aH objections to the proposed
designation; and
WHEREAS, all interested parties
have been given the opportunity to.be
heard.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the structure located
on the real estate hereinafter described
be and the same is hereby deemed and
'ound to have architectural
significance, which real estate is
described as follows:
419 Bluff--Lot 2 of Lot i of Lot I of ~
100
Special Session, April 11, 1983
Walker Bluff Street Place, in the City
of Dubuque, Iowa.
Section 2. That the passage and
adoption of this Resolution is in con-
junction with and in accordance with
Appendix A of the Code of Ordinancea
also known as the Zoning Ordinanc~
and Zoning Map of the City of Dubu-
que, Iowa.
Passed, adopted and approved this
4th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolutlon. Seconded
by Council Me~nber Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mere
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to property owners for con-
structhin of Crescent Ridge Sanitary
Sewer, Phase II, AND Proof of
publication, certified to by the
Publisher, on Notice of Pendency of
Resolution of Necessity for proposed
plans and specs., etc., for construction
of Crescent Ridge Sanitary Sewer,
Phase II, presented and read.
Council Member Kluesner moved
that the proofs of publication be
received and filed. Seconded by Coun-
cil Member Beurskens. Carried by the
following vote:
Yeas~-Mayor Brady, Council Mem-
bers Beurskens, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Delch.
Certificate of City Clerk stating
notices were mailed to known property
owners by certified mail on March 25,
1983, presented and read.
Council Member Kluesner moved
that the Certificate be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Deich.
Petition of James M. and Rhonda H.
Wernimont protesting to their esti-
mate received regarding above project
AND Petition of Donald Nelson ob-
jecting to the Crescent Ridge Sanitary
Sewer Phase li project for various
reasons, presented and read.
Council Member Kinesner moved
that the petitions be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeast-Mayor Brady, Council Mem-
bers Beurskens, Hammel, Klauer,
Kluesner, Kronfeldt;
Nays--Council Member Deich.
Wm. Neumeister, 3674 Crescent
Ridge, questioned why the sewer
stopped at the "Y" Motel instead of
going to the Coach House and Min-
nesota Plywood; how the sower would
be low onough to hook up his house
with gravity drainage; that the
assessments should be the same rate
as the streets.
Jim Wernimont, 3690 Croscont
Ridge, objoctod to the method of
assossing everyono the same amount,
the amount of the assessment and the
fact that they soon will be assessod for
stroot repairs.
Don Nolson, 3603 Crescent Ct. ques-
tioned how the estimate (assessmont)
was made; objectod to the Lot 6
assessment; questioned the timo of
year for the work being done;
questioned possible damago to proper-
ty and the estimated cost of the
sewage connection.
Chuck Ray, 3636 Croscont Ridge,
questionod how the City would make
restitution for damaged septic tanks.
Norman Gerstkamp, 3639 Crescont
Ridge, questioned the reasoning for
the City doing this project when it
wasn't petitioned for and would cost
so much.
Mrs. Maude Clark, 3651 Crescent
Ridge, stated she would not be able to
pay for the assessment as she is a
widow and retired; also that there
might be a ground retention problem if
there is much excavation.
Kevin Schmitt requested that the
City should give these residents $4500
rather than assessing them that
amount so they can just fix up their
septic, systems.
Herman Gorton, 35~9 Crescent Ct.
stated his and several other septic
systems are not functioning correctly
and that he is in favor of the project.
Ron Johnson, 3607 Crescent Ct.,
stated concurrence with Mr. Nelson.
Special Session; April 11, 1983
101
Necessity for Improvement
RESOLUTION NO. 47-83
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of
Dubuque and are now on file in the of-
fice of the City Clerk showing amon~
other things the plans, specifications
form of contract, estimated cost and
prelindnary plat and schedule showing
the amount proposed to be assessed
against each lot and the valuation of
each lot as fixed by the City Council,
for the Crescent Ridge Sanitary
Sewer, Phase II.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein ~nentioned
improvement, and unless property
owners at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk objec-
tions to the resolution of necessity,
they shall be deemed to have waived
all objections pertaining to the
regularity of the proceeding and the
legality of using the special assess-
ment procedure.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
assessed partially or totally against
privately owned proporty lying within
the assessmont limits, and in an
amount not to excoed that provided by
law, and in proportion to the special
benefits conforred.
The portion of the cost which shall
be borne by the City will be paid from
the Sanitary Sewer Construction
Fund, and special assessment bonds
may be issuod in anticipation of
deferred paymonts of assessments
when a contract has been performed
and accepted, and the proceed thereof
used to pay the contractor.
The above resolution was intro-
duced, approvod and ordered placed on
file with the City Clerk this 14th day of
March, 1983.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Record of Final Adoption
The forgoing resolution was finally
passed and adopted, as proposed, by
the City Council this 11 th day of April,
1983.
James E. Brady
Mayor
Certificate of Clerk
It is hereby certified that at the
times set for the final consideration of
the above resolution no remonstrance
had been filed with the Clerk signed by
owners subject to seventy-five percent
or more of the amount of the proposed
assessments.
Mary A. Davis
City CLerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Me~n-
bets Beurskens, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Deich.
Decision of Council Upon
Objection to Plans, Specifications,
Form of Contract and
Cost of lmprovenments
RESOLUTION NO. 67-83
WHEREAS, proposod plans and
specifications and form of contract for
the Croscent Ridge Sanitary Sower,
Phase II have beon approvod by the
City Council of the City of Dubuquo
and public notico given as provided by
the Code of Iowa pertaining to public
contracts and bonds, and the fime and
)lace fixed for the bearing of all objec-
tions to said plans, specifications or
contract for or cost of such im-
provements, said time being this 11th
day of April, 1983; and
WHEREAS, the City Council met in
special session this 11th day of April,
1983, at 7:30 p.~n. at the Public
Library Auditorium for the purpose of
hearing all interested parties and con-
sidering any and all objections which
have been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described and
proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
102
Special Session, April 11, 1983
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED,
that this resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
llth day of April, 1983
James E. Brady
Mayor
ATTEST:
Mary A~ Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Deich.
(Ordering Construction)
RESOLUTION NO. 68-83
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU~
QUE that pursuant to a resolution of
necessity No. 47-83 which was duly
passed by this Council for the Cres-
cent Ridge Sanitary Sewer, Phase II
be and the same are hereby ordered
and constructed by this Council upon
its own motion and with or without the
p~tition of property owners. AH the
work shah be constructed in accor-
dance with the plans and specifica-
tions heretofore adopted and now on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of making
said improvement will be assessed par-
tially or totally against privately
owned property lying within the
assessment limits, and in an amount
not to exceed that provided by law,
and in proporCwn to the special
benefits conferred. The portion of the
cost which shall be borne by the City
will be paid from the Sanitary Sewer
Construction Fund, and special assess-
ment bonds may be issued in anticipa-
tion of deferred payments of
assessments when a contract has been
performed and accepted and the pro-
ceeds thereof used to pay the contrac-
tor,
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
hi the City of Dubuque, Iowa, which
notice shall not be less than four nor
more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
on the 3rd day of May, 1983. Bids shall
be opened and read by the City Clerk
at said time and will be submitted to
the' Council for final action at a
meeting to be held at the Public
Library Auditorium at 7:30 p.m. on
the 2nd day of May, 1983.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
11th day of April, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of tile Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Deich.
Communication of P & Z resubmit-
ting Ordinances regarding zoning for
North Sector and properties adjacent
to same, presented and read.
Council Member Beurskens moved
that the communication be received
and friedi Seconded by Council
Member Kinesuer. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Special Session, April 11, 1983
An ORDINANCE Amending Zon,
Lng Map with regard to properties in
the North Sector of the territory in-
voluntarily annexed to the City of
Dubuque, presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kinesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deicb, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens 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 Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that a Public Hearing be held on the
Ordinance on May 2, 1983 at 7:30 p.m.
in the City Hall Council CHambers
and that the City Clerk be instructed
to publish notice in the manner re-
quired by law. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel.
Klauer, Kluesner, Kronfeldt.
Nays--None.
An ORDINANCE Amending Zon-
ing Map with regard to properties ad-
jacent to the North Sector in the City,
presented and read. Council Member
Beurskens moved that the reading
just had be considered the first
reading of the Ordinance. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Klu0sner, Kronfeldt.
Nays--None.
Council Member Beurskens 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 Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets 'Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt,
103
Nays--None.
Council Member Beurskens moved
that a Public Hearing be held on the
Ordinance on May 2, 1983 at 7:30 p.m.
in the City HaH Council Chambers and
that the City Clerk be instructed to
publish notice in the manner required
by law. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Klauer moved that
they change the R-2 Zoning north of
Roosevelt to AG, adjacent to triangle
(immediately west of Fillmore).
MOTION FAILED DUE TO LACK
OF A SECOND.
Council Member Deich moved that
the zoning of Flexsteel go to H-I.
Seconded by Council Member Klauer.
Vote on the motion was as follows:
Yeas--Mayor Brady, Council
Members Deich, Klauer.
Nays-- Council Members Benr-
skens, Hammel, Kluesner, Kronfeldt.
MOTION FAILED.
Council Member Beurskens moved
that the North End Wrecking Co. area
go from AG zoning to H-I zoning.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Membere Beurskens, Deich, Klauer.
Nays--Council Members Hammel,
Kluesner, Krenfeldt.
Petition of John Shutters d/bls
Dubuque Pawnbrokers submitting an
appeal to the M~yor and City Council
regarding revocation of license as a
pawnbroker or se~endhand dealer st
1030 Main St., presented and mad.
Council Member gl~uer mowd that
this be deferred for one week. Second-
ed by Council M~nber H~ad, Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Benrekens, Deich, Hammel,
Klauer, Kineener, Kronfeldt,
Nays--None,
Verbal request of Dan DeLaney,
Mgr, of Group W Cable TV, pertaining
to cable rate increases. Council
Member Klauer moved that Mr,
Delaney put this request in written
form and properly put on Agenda for
next week Council Meeting (possible
104
Special Session, April 11, 1983
$1 increase vs. $2 increase). Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Verbal petition of Council Member
Beurskens requesting discussion on
changing Council Meeting dates.
Council Member Beurskens moved
that starting in May, 1983, the
meetings be held on the first and third
Mondays of each month, with Agenda
packets ready for pick-up at 4:00 p.m.
on the preceding Wednesday.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Ycas--Councll Members Beurskens
Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Members Deich, Klauer.
BOARDS AND COMMISSIONS
Mechanical Board
Council Member Kluesner moved
that Paul Brashaw and Robert Bush
be reappointed and Peter Darby be ap-
pointed to the Mechanical Board for a
three year term which will expire
March 16, 1986. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Klauer, Klueener,
Kronfeldt.
Nays--Mayor Brady.
Business Licenses
Lores College requesting transfer of
Class "B" Beer Permit to Keane Field
off of Lores Blvd. on April 30, 1983,
presented and read.
Council Member Doich moved that
the transfer be approved. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel.
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 69-83
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
t~e sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Gary Boffeli 2501 Rhomberg Ave.
Francis J. Shanahan
2480 University Ave.
Passed, adopted and approved this
llth day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member K!auer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 70-83
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
RESOLVED~ By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "C" BEER PERMIT
Raymond L. & Kandis L. Haggstrom
3412 Pennsylvania Ave.
(Also Sunday Sales)
Passed, adopted and approved this
11th day of April, 1983~
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution, Seconded by
C~uncil Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 71-83
WHEREAS, Applications for Li-
quor Licenses have been submitted to
Special Session, April 11, 1983
105
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 Ordinance~
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 ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Knights of Columbus Council #510
781 Locust St.
(Also Suncay Sales)
Jeanniae A. Kersch 1555 Central Ave.
(Also Sunday Sales)
Passed, adopted and approved this
11th day of April, 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:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Dock
Bd. of 3-9--WORK SESSION of 3-22
& 3-29; Chaplain Schmitt Memorial
Island Committee of 2-14, presented
and read.
Council Member Klauer moved that
the minutes be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending settlement of
auto damages claim of Gerald Stangl,
in amount of $262.53, presented and
read.
Council Member Klauer moved that
the communication be received and
filed and that the Finance Director to
issue the proper check. Seconded by
Council Member Beurskens. Carried
by tho following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending denial of per-
sonal injury claim of Michael Gagne,
presented and read.
Council Member Klauer moved that
the communication be received and
filed and the denial approved.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Klauer, Klueener, Kronfeldt.
Nays--None.
Communication of Delos Dorweiler
supporting "Public Safety Director"
position and establishing of Emergen-
cy Phone Number 911, 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-
bets Beurskens, Deich, Hammel,
Klauer, Klnasner, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS & SUITS:
DB&T Co. vs. Elmer Feldmeo et ux
questing foreclosure of mortgage;
Mrs. Thomas Hantelmann, in
unknown amount of $56.90 for tire
damages; Mrs. Rosella Flach in
unknown amount for personal injuries
received in fall at Five Flags Center,
presented and read.
Council Member Klauer moved that
the claims and suits be referred to the
Corporation Counsel for investigation
and report. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
REFUNDS REQUESTED:
Shanahan DX, $25 on unexpired
Cigarette License; Dubuque Art
Association $75 on unexpired Class
"B" Beer Permit, presented and read.
Council Member Klauer moved that
the refunds be granted and Finance
Director to issue the proper check.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
106
Special Session, April 11, 1983
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Robert J. O'Brien, et al
(89 signers) objecting to any plan
which would place the financial burden
of street maintenance upon the abut-
ting property owners (St. John Dr.
area), presented and read.
Council Member Rlauer moved that
the petition be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of West Side
Business and Professional Association
of Dubuque requesting southerly per-
tion of Kennedy Road be completed as
soon as possible and cost thereof not
be borne by the adjacent property
presented nd 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, Deich, HammeL
Klauer, Kluesner, Kronfeldt.
Nays--None.
Val Pins, 754 Caledonia, stated that
not enough consideration was being
given Mr. Duffy, and that he is a
necessary part of the Little Dublin
News. Dr. Neumeister stated that
anyone who builds in the Dubuque In-
dustrial area should use City water
rather than be allowed to dig their own
well; questioned if the farm has been
rented out at FDR Park; questioned
where monies from raid off fire & police
dept. is going; questioned where the in-
vestlgation of the meter money theft is
currently.
Christian Smith, 2136 N. Main, re-
quested that Group W Cable TV Co.
block off all "R" rated channels.
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-
bets 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, April 18, 1983
107
CITY COUNCIL
OFFICIAL
Special Session, April 18, 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-
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 CONDUCT A
PUBLIC HEARING TO CONSIDER
AN ORDINANCE PROVIDING FOR
THE ESTABLISHMENT OF THE
JACKSON PARK HISTORIC
PRESERVATION DISTRICT and
acting upon such other business which
may properly come before the Council.
Invocation was given by Rev. Wm.
L. Dix, Pastor of the United
Pentecostal Church,
PROCLAMATIONS: Week of April
24 to 30 as "Professional Secretaries
Week";
Week of April 17-23 as "Health-Care
Volunteer Week" received by Jean
Kohl;
Week of April 17th as "Victim
Rights Week";
Week of April 17-23 as "National
Library Week" received by Eileen
Coursey and Doris Slattery;
Week of April 18-23 as "Volunteer
Week" received by Cindy Norman;
Week of April 24-30 as "Very
Special Arts Festival Week" received
by Inga Schilling and Ted Blanchard;
Week of April 24-30 as "National
YWCA Week" received by Jerry Ida;
Week of May 9-15 as "Dental
Hygienists' Recognition Week"
received by Sharon Kuttler; Week of
April 17-23 as "Dubuque Optimist
Bicycle Safety Week" received by Ron
Ganson.
Council Member Deich moved that
the rules be suspended to let anyone
present address the Council if they so
desire. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deicli, Hammel,
Klauer, Khieener, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hea~ing providing for the establish-
ment of the Jackson Park Historic
Preservation District, presented and
read,
There were no written objections
received. Paul Peckosh and Rev. Wm.
Wilkle of Loras College, as Historic
Preservation Comm. members,
stressed the positive and unique fac-
tors in this proposed designation.
Ann Michalski, 1504 Iowa St. and
St. Patrick's Pastoral Ass't, stressed
that as a property owner and on behalf
of St. Pat's Parish, they were support-
ive of this designation.
Bob Wild, 1025 Grove Terraae,
stated that the 11 th St. Neighborhood
was in favor of the desig~mtion.
Mary Hickey, 1560 Iowa St., Dennis
Naughton, 1655 Main St., and Fran
Henkels, Loras and Main St. as area
property owners, were in support of
the designation.
Ruth Nash, 596 W. 11th St.,
stressed that tourism is a great
resource for Dubuque and historical
designation aids the flavor of Dubu-
que, which attracts tourists.
Council Member Kronfeldt moved
that the proof of publication be
received and filed. Seconded by Coun-
cil Member Klauer. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dnich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting materials regarding pro-
posed designation of Jackson Park
Conservation District, presented and
read.
Council Member Kronfeldt 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.
ORDINANCE NO. 21-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY EN-
ACTING A NEW SECTION 6.3 OF
CHAPTER 19~ TO PROVIDE FOR
THE ESTABLISHMENT OF THE
JACKSON PARK HISTORIC
PRESERVATION DISTRICT, said
Ordinance having been presented at
the Council Meeting of February 21,
1983, presented for final adoption.
108
Special Session, April 18, 1983
ORDINANCE No. 21-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES OF THE CITY OF
DUBUQUE, IOWA BE AMENDED
BY ENACTING A NEW SECTION
6.3 OF CHAPTER 19V2 TO PROVIDE
FOR THE ESTABLISHMENT OF
THE JACKSON PARK HISTORIC
PRESERVATION DISTRICT, CON-
TAINING THE PROPERTIES
HEREINAFTER DI~SCRIBED
AND PURSUAN;F TO THE
REQUIREMENTS OF CHAPTER
191/2, OF THE CODE OF ORDI-
NANCES.
WHEREAS, Chapter 19~/2 of the
Code of Ordinances. City of l~ubuque,
Iowa provides for the identiTication
and designation of historic districts
upon petition or upon the initiative of
the Historic Preservation Commission
and
WHEREAS. petitions have been
filed with the Historic Preservation
Commission. requesting designation of
such historic district for properties in
the Jackson Park area and along Bluff
and Locust Streets from Ninth Street
to West Seventeenth Street; and
WHEREAS, the Historic Preserva-
tion Commission has heretofore
reviewed the City's 1979 Architectural
Survey describing the architectural
resources of the proposed Jackson Park
Historic Preservation District, and has
made a recommendation in favor of
establishing said district; and
WHEREAS, the Planning and Zen-
lng Commission has reviewed the pro-
posal and has found it to be consis-
tent with general development plans
and zoning regulations pertaining to
the proposed District; and
WHEREAS, the City Council has
conducted a public hearing on the pro-
posal to designate the properties
hereinafter described as the Jackson
Park Historic Preservation District,
according to provisions of Chapter 19V2
of the Code of Ordinances, and all pro-
visions and conditions of said Chapter
19~/2 have been fulfilled.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Chapter 19~/z of the
Code of Ordinances of the City of
Dubuque, Iowa, known as the City of
Dubuque Historic Preservation Ordi-
nance, be amended by enacting a new
Section 6.3 to read as follows:
"Section 19~/z-6.3 Jackson Park His-
toric Preservation DistricL
la~ Designated. The properties
hereinafter described are hereby desig-
nated as a historic preservation dis-
trict, according to provisions of
Chapter 19~/2 of the Code of Ordi-
nances, to wit:
Beginning at the intersection of
West 17th and Heeb Streets, north
along Heeb Street to the south line of
M.A. Rebman's Sub.; west along said
line and the south line of Duncan's
Sub. to the west line of Lot 4-C.L.
674'; south along said 6ne to the south
line of Lot 2-5-C,L. 674; west along
said I~ne and along the south line of
Lot i-5-C.L. 674 to Main Street; west
across Main Street and Madison Ave-
nue to the north line of Lot 5-2-C.L.
673; continuing west along said line to
the west line of said lot; south along
said line to Dorgan Place; west along
Dorgan Place to the east line of Lot 1-
1A-Dorgan's Sub.; southwest along
said line and along the east llne of Lot
1-1-Dorgan's Sub. and its extension of
West 17th Street; first south then in a
counterclockwise manner along the
westerly line of D,N. Cooley's Sub. and
its southerly extension to the north
line of Lot 1-3-C.L. 667; east along said
line to the esst Ihie of said lot; south
along said line and the east line of Lot
2-3-C,L. 667 to the south line of Lot 2-
l-C.L. 667; east along said line to Bluff
Street; south along Bluff Street to the
south line of A.L. Brown's Sub.; west
along said line to the east line of Lot
769B of A. McDaniel's Sub,; south
along said line and the east R,O.W.
line of Grove Terrace and the east line
of Corkery's Sub. to the north line of
Lorimer's Sub.; east along said line to
the east line of Lot 1-1-1 & 11 of
Lorimer's Sub.; south along said line
and its extension to West 9th Street;
east along West 9th Street to Locust
Street; north along Locust Street to
West 10th Street; east along West 10th
Street to the alley between Locust and
Main Streets; north along said alley to
West 13th Street; east along West 13th
Street to Main Street; south along
Main Street to the south line of the
N.1/5-C.L. 465; east along said line
and its extension to the east line of the
W.33'-N 1/5-C.L, 460; north along said
line to West 13th Street; east along
West 13th Street to Iowa Street; north
along Iowa Street to West 14th Street;
east along West 14th Street to the
alley between Iowa Stseet and Central
Avenue; north along said alley to West
17th Street; east along West 17th
Street to Heeb Street, the Point of
Special Session, April 18, 1983
109
the Interior's Standards for Historic
Preservation Projects", as adopted by
the Historic Preservation Commissim
for said Commissipn's review procedure
that precedes the i.4suance of a Certifi-
cate of Appropriateness pursuant to
Chapter 19~/~ of the Code of Ordi-
nances.''
PASSED, APPROVED AND
ADOPTED this 18th day of April,
1983.
dames E. Brady,
Mayor
ATTEST:
Mary A. Davis,
City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
April, 1983.
Mary A. Davis
City Clerk
It 4/22
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Membor Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of John Shutters d/b/a
Dubuque Pawnbrokers submitting an
appeal to the Mayor and City Council
regarding revocation of license as a
pawnbroker at 1030 Main St. (deferred
from meeting of 4-11-83), presented
and read.
Mr. Shutters statod specifics per-
tnihing to his action and requested
Council not concur with revocation.
Council Member Klauer moved to
receive and file all pertinent
documents. Seconded by Council
Member Deich. Carried by the follow-
hig vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the Council sustain the City
Manager's action Irevocation of
license). Seconded by Council Member
Hammel. Vote on the motion was as
follows:
Yeas--Council Members Beurskens,
Hammel, Kluesner.
Nays--Mayor Brady, Counnil
Members Deich, Klauer, Kronfeldt.
MOTION FAILED~
Council Member Beurskens moved
to reimpose the rules. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kronfeldt, Beur-
skens.
Nays--Council Members Hammel,
Klauer, Kluesner.
Communication of City Manager
submitting documents providing for
reconstruction of John F. Kennedy
Road from Penn. Ave. to University
Ave., presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Necessity for Improvement
RESOLUTION NO. 72-83
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of
Dubuque and are now on file in the of-
rice of the City Clerk showing among
other things the plans, specifications,
form of contract, estimated cost and
preliminary plat and schedule showing
the amount proposed to be assessed
against each lot and the valuation of
each lot as fixed by the City Council,
for the Reconstruction of John F. Ken-
nedy Road from Pennsylvania Avenue
to University Avenue.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
unprovement and unless property
owners at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk objec-
tions to the resolution of necessity,
they shall be deemed to have waived
all objections pertaining to the
regularity of the proceeding and the
legality of using the special assess-
ment procedure.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
assessed partially or totally against
privately owned property lying within
the assessment limits, and in an
amount not to exceed that provided by
110
Special Session, April 18, 1983
law, and in proportion to the special
benefits conferred.
The portion of the cost which shall
be borne by the City will be paid from
the General Fund. Road Use Tax Fund
and Federal Aid to Urban System
Fund, and special assessment bonds
may be issued in anticipation of
deferred payments of assessments
when a contract has been performed
and accepted, and the proceeds thereof
used to pay tho contractor.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 18th day of
April, 1983.
Approved and placed on file for final
action.
James E, Brady
Mayor
Mary A. Davis
City Clerk
Council Member Beurskens moved
approval of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfsldt.
Nays--Council Member Klauer.
(Preliminary Approval of Plans, Etc.)
RESOLUTION NO. 73-83
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that
the proposed plans, specs, etc. for the
Reconstruction of John F. Kennedy
Read from Pennsylvania Ave. to
University Ave., in the estimated
amount of $957.493.82 are hereby ap-
proved and ordered filed in the office
of the City Clerk for public inspection.
Passed, adopted and approved this
18th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Msmber Bearskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch. Hummel,
Kluesner. Kronfeldt.
Nays--Council Member Klauer.
RESOLUTION NO. 74-83
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached sheets,
No. I through 5 inclusive, are hereby
determined to be the schedule of pro-
posed assessments for the City of
Dubuque RECONSTRUCTION OF
JOHN F. KENNEDY ROAD FROM
PENNSYLVANIA AVENUE TO
UNIVERSITY AVENUE, and the
,valuations set out therei~ are hereby
approved.
Adopted this 18th day of April,
1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskeas moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
(Fixing Date of Hearing)
RESOLUTION NO. 75-83
WHEREAS, the City Council of the
City of Dubuque, Iowa. has given its
preliminary approval on the proposed
plans, specifications and form of con-
tract and placed same on file in the of-
rice of the City Clerk for public inspec-
tion, for the Reconstruction of John F.
Kennedy Road from Pennsylvania
Avenue to University Avenue, and,
WHEREAS, the proposed Resolu-
tion of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spection.
NOW, THEREFORE, BE IT
RESOLVED, that on the 16th day of
May, 1983, a public hearing will be
held at 7:30 o'clock p.m. in the Public
Library Auditorium in the City of
Dubuque at which time the owners of
property subject to assessment for the
proposed improvement or any other
person having an interest in the mat-
ter may appear and be heard for or
against the making of the improve-
ment, the boundaries of the district,
the cost, the assessment against any
lot, or the final adoption of a resolution
of necessity, and the City Clerk be and
is hereby authorized and directed to
cause a notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City
of Dubuque, Iowa, which notice shall
Special Session, April 18, 1983
111
be published once each week for two
consecutive weeks, the Iff'st publica-
tion of which shall be not less than ten
days prior to the day fixed for its con-
sideration. Unless property owners at
the time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to the
resolution of necessity they shall be
deemed to have waived all objections
thereto.
Passed, adopted and approved this
18th day of April. 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, Deich, Hummel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
RESOLUTION NO. 76-83
Resoluf~on Authorizing Execution of
an Agreement Between the City of
Dubuque, Iowa, and the Iowa Depart-
ment of Transportation, Relating to
the Reconstruction of John F. Ken-
nedy Road from Pennsylvania Avenue
to University Avenue.
That the attached Agreement
#82-F-032, with the Iowa Department
of Transportation, two copies of which
are attached, be approved, and that
the Mayor and City Clerk be and they
are hereby authorized and directed to
execute the Agreement for and on
behalf of the City Council.
Passed, adopted and approved this
18th day of April, 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, Deich. Hummel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Communication of City Manager
submitting Resolution providing for a
Public Hearing on proposed budget
amendment for Fiscal Year 1983,
presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 77-83
Resolution Directing the City Clerk to
Publish Proposed Amendment to the
Fiscal Year 1983 Budget and Date of
Public Hearing
WHEREAS. it is proposed that the
City of Dubuque amend its Fiscal Year
1983 budget; and
WHEREAS, Section 384.16. Code of
Iowa, stipulates that a public hearing
must be held on such a budget amen&
mont.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1, That the City Clerk be and is
hereby authorized and directed to
publish notice of public hearing on an
amendment to the adopted budget for
the City of Dubuque, low~
Passed. adopted and approved this
18th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the ResciutJun and public
hearing be set for May 2, 1983, in the
City Hall Council Chambers. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesnar, Krnafeldt.
Nays--None.
Communication of City Manager re-
questing authorization to submit a
capital assistance application to
UMTA for two replacement buses and
set a Public Heari~ on the application
for May 16. 1983, presented and read;
Council Member Deich moved that
the communication be received and
filed and Hearing set for 5-16.83 with
City Clerk instructed to publish notice
in the manner required by law. Second-
ed by Council Member Klauer. Carried
112
Special Session, April 18, 1983
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hamme]
Klauer, Khiesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 78-83
Resolution Authorizing the Filing of
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 ap-
plication for assistance under the Ur-
ban Mass Transportation Act of 1964
as Amended, the applicant give an
assurance that it will comply with Ti-
tle VI of the Civil Rights Act of 1964
and the U.S. Department of Transpor-
tation requirements thereunder; and
WHEREAS, it is the goals of the
Applicant that minority business
enterprise be utilized to the fullest ex-
tent possible in connection with this
project, and that definitive procedures
shah be established and administered
to ensure that minority businesses
shall have the maximum feasible op-
portudity to compete for contracts
when procuring construction con-
tracts, supplies, equipment contracts,
or consultant and other services.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
L That James E. Brady, Mayor is
authorized to execute and file an
application on behalf of the City of
Dubuque, Iowa with the U.S.
Department of Transportation, to
aid in the financing of two 25 ft. ac-
cessibla buses.
2. That James E. Brady, Mayor is
authorized to execute and file with
such application an assurance or
any other document required by
the U.S. Department of Transpor-
tation effectuating the purposes
of Title VI of the Civil Rights
Act of 1964.
3. That William Kohler, KeyLine
Transit Manager. is authorized to
furnish such additional information
as the U.S. Department of
Transportation may require in con-
nection with the application or the
project.
4. That James E. Brady, Mayor is
authorized to set forth and execute
affirmative minority business
policies in connection with the pro-
ject's procurement needs.
Passed, approved and adopted this
18th day of April, 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:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel.
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council recessed at 9:23 P.M.
Council reconvened at 9:36 P.M.
Council Member Beurskens moved
to suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Hanunel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Dan Delaney of
Group W, requesting rate increase for
TV Cable Services, presented and
read.
Mr. Delany spoke to the petition,
stating this increase is necessary, the
first in six years.
Council Member Hammel moved
that the conunu~ication be received
and filed that they grant during the in-
terim a $1 increase per month on basic
fee (regular, lifetime and senior
citizens ~ 95~) only and City Mgr. con-
tinue with investigation and study and
set for P. Hearing on May 2, 1983.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Special Session, April 18, 1983
113
Nays--Councfi Member Kronfeldt.
Petition of Judy Tigges, on behalf of
Girl Scouts, requesting to address the
Council regardlng the waiving of fees
for entrance to the park and open air
pavilion, upon verbal request of p~ti-
tioner, deleted from Agenda.
Petition of Joyce Thai et al
signers) requesting to change the yield
to stop sign on Clarke Dr. and
Madison Hill corner, presented and
read.
Council Member Hammel moved
that the petition be received and flle~
and matter referred to tho City Mgr.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Carol Klinkhammer et al
(30 signers) requesting the installation
of street light at the corner of Peru
Road and Walker St., presented and
read.
Council Member Deich moved that
the petition be received and filed and
matter referred to the City Mgr.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem~
bars Beurskens, Dnich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Verbal request of Dock Chairperson
to report progress on development of
Chaplain Schmitt Memorial Island,
presented,
Chairperson R. Sullivan stated
specific progress that had been occurr-
/ag.
Council Member Beurskens moved
that the City Manager and Staff pro-
ceed with development of City Island
to solicit competitive proposals only
on the basis of the quality of attrac-
tiveness of a master plan and on the
capacity of the developer to carry it
out. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Council Members Beurskens,
Deich, Hanunel. Klauer, Kluesner.
Nays--Mayor Brady.
Abstain--Council Member
Kronfeldt.
Communication of City Manager
submitting Resolution' approving the
new policy for street assessments,
presented and read.
Council Member Kluesner moved
that the communication be received
and Bled. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Baurskens, Deich, Hammel,
Klu~sner. Kronfi~ldt.
Nays--Council Member Klauer.
RESOLUTION NO. 79-83
Policy for S~et Assessments
WHEREAS, the City of Dubuque
has 235 miles of improved streets; and
WHEREAS, improwd streets are
vital to the eeonoray of the City; and
WHEREAS, improved streets are
essential for safe, adequate and effi-
cient transportation; and
WHEREAS, it is important that a
reconstruction, rehabilitation and a
preventatlve maintenance program be
established in order to maintain this
valuable asset; and
WHEREAS, a larg~ number of the
City streets are now in need of
reconstruction, rehabilitation or
preventative maintenance.
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the assessment
policy identified as Exhibit 1 be
adop ted as a guideline for assessments
associated with ~eonstruction and
rehabilitation activities.
Section 2. That a rollbask amount of
20 percent be affirmed on all
assessments associated with
reconstruction for the FY84 Street pro-
gram, and the rollback amount to be
reviewed and approved annually by
the City Council
Passed. adopted and approved this
18th day of April, 1983.
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 Beurskeas, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
114
Special Session, April 18, 1983
Communication of City Manager
submitting Resolution providing for
publication of an Environmental
Review Assessment for the construc-
tion of additional facilities in the
Dubuque Industrial Center, presented
and read.
Council Member Klnesner moved
that the communication be received
and filed. Seconded by Council Mem-
ber Beurskens. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 80-83
A Resolution Authorizing Publication
of Notice of Environmental Review
Findings for Certain Community
Development Block Grant Prelect.
WHEREAS, the City of Dubuque
has entered into Grant Agreement
B-82-MC-19-0004 with the U.S.
Department of Housing and Urban
Development, providing for financial
assistance to the City under Title I of
tbe 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 Ur-
ban Development, environmental
review has been processed for the pro-
ject hereinafter to be described to be
financed with Community Develop-
merit Block Grant Funds; and
WHEREAS, after due consideration
a determination has been made that
the project is 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,
IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed
to publish a Notice of Finding of No
Significant Effect on the Environment
for the following identified project, and
to make the Environmental Review
Record for said project available for
public inspectlotr Such notice shall be
in the form of Exhibit "A" attached
hereto and made a part hereof
Dubuque Industrial Centex West
Cubde-sac Construction
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of May 2,
1983, authorizing the submission of a
request to the ILS. Department of
Housing and Community Develop-
ment to undertake the project.
Passed, adopted and approved this
18th day of April, 1983,
James E. Brady
Mayor
ATTEST:
Mary A. ])avis
City Clerk
EXHIBIT "A"
Public Notice
Pursuant to environmental pro-
cedures, the City of Dubuque has
prepared a Notice of Finding of No
Significant Effect on the Environment
for the Project identified as follows:
Dubuque Industrial Center West
Cul-de-sac Construction
The City of Dubuque has found that
this Project has no significnt effect on
the environment based on the follow-
ing facts and reasons:
1. Assessment of the nature,
magnitude and duration of any
adverse and positive impacts;
2 Consideration of alternatives to
the Project, commitment of
resources, known views of local
groups, measures which can be in-
stituted to lessen potentinl
adverse impacts and to enhance
the environment;
3 No loss of unique environmental
4 No irreversible development
trends;
5 A minimum occurence of adverse
effects that cannot be avoided;
and
6 No impacts on properties possess-
ing historical, archaeological,
architectural or cultural
significance.
The City of Dubuque has made an
Environmental Review Record for this
Project, and has placed this record on
file in the Office of, the City Clerk in Ci-
ty Hail, 13th and Central Avenue,
Dubuque, Iowa. This environmental
record is available for examination and
may be copied between 8:00 a.m. and
5:00 p.m. daily except Saturdays, Sun-
days and holidays.
No further environmental review of
the Project is proposed to be con-
ducted.
Comments may be submitted to the
Special Session, April 18, 1983
115
City of Dubuque until 12:00 Noon, Fri-
day, May 6, 1983, addressed to the
Mayor of the City of Dubuque, City
Hall, 13th and Central Avenue,
Dubuque, Iowa 52001.
Dated and Published April 20, 1983.
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Mayor Brady
submitting proposal that was pre-
sented in an effort to reach a com-
promise and to resolve questions
raised during the recent Clarence Dui-
fy issue~ presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Kevin Magee to address
the Council presenting proposals from
"The Coalition from Human Rights",
presented and read.
Mr. Magee presented his nine point
proposal.
Council Member Beurskens moved
that the petition and proposal be
received and filed. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich. Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mayor Brady to designate "Task
Force" to review or modify the criteria
for selection, process of appointment
and public involvement in appoint-
Council Member Beurskens moved
that a Task Force be designated with
Mayor Brady's suggestion that it
would encompass two individuals from
the Coalition, two from Human Rights
(Esther Chi & Sol Tabak). 2 from the
City Council (Mayor Brady and Coun-
cil Member Kluesnor) and one At-
Large member. Seconded by Council
Member Kluesner. Carried by the
foliowlng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 81-83
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
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "C" BEER PERMIT
Astgen's Foods Ltd. (Oky Doky 11)
1101 Rhomberg Ave.
(Also Sunday Sales)
Wareco System of Iowa
700 Rhomberg Ave.
(Also Sunday Sales)
Doug M. Fink and Rich H. Pitz
(The Bait Bucket) new 760 E. 16th St.
(Also Sunday Sales)
Passed, adopted and approved this
18th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO· 82-83
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 ail City Ordinances
relevant thereto and they have filed
proper bonds;
116
Special Session, April 18, 1983
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa. that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C" ICOMMERCIALI
BEER AND LIQUOR LICENSE
Ronald W. and Dona J. Olinger and
Wayne W. and Judith A. Botsford
(Old Fashioned Saloon) new
1027 Rhomberg Ave.
Donna M. Ginter (West Dubuque Tapl
1701 Asbury Rd.
(Also Sunday Sales)
Marco's Inc. 2022 Central Ave.
Ronnid Fens (Ron's Barrell Tap)
1121 University Ave.
Passed, adopted and approved this
18th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Delch. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. $3-83
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.
Donna Herman & Ronald Timmerman
(S & T Furniture Store) 401 Locust St.
Passed, adopted and approved this
18th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption et the Resolution Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
hers Beurekens, Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 8583
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 ap-
plicants a Liquor License.
CLASS "C" tCOMMERCIAL)
BEER AND LIQUOR LICENSE
Donald Brimeyer IThe Wheelhouse)
1630 E. 16th St.
(Also Sunday Sales)
Dubuque First China, Inc.
("Yen Ching Restaurant"f926 Main St.
(Also Sunday Sales)
Passed, adopted and approved this
18th day of April, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Delch. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Historic
Preservation Comm. of 3-18 and 3-21;
Zoning Board of Adjustment of 3-17 &
3-31; Library Board of 3-1 & 3-15,
presented and read.
Council Member Klauer moved that
the minutes b'e 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: Pauline Dauner vs. City of
Dubuque et al in the amount of
$75,000 for personal injuries received
Special Session, April 18, 1983
in a fall; Henry Baal, in the amount of
$107 for backed-up sewer damages;
Mrs. Rosemary Rapp, in the approx-
imate amount of $260 for personal in-
juries and property damages; Ran-
dolph Kimball, in the amount of $250
for backed-up sewer damages,
presented and read.
Council Member Klauer moved that
the claims and suits be referred to the
Corporation Counsel for investigation
and report. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel reconm~ending denial of per-
sonal injury claim of Gerry Weber on
behalf of Gabriel W. Weber. mino~
presented and read.
Council Member Klauer moved that
the communication be received and
filed and that the denial be approved.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Corporation
Counsel recommending settlement of
tire damage claim of Mrs. Thomas
Hantelmann in the amount of $56.90,
presented and read.
Council Member Klauer moved that
the communication be received and
filed and that the claim be approved,
with Finance Director to issue proper
check. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
April 11, 1983
Honorable Mayor and
Members of the City Council
Pursuant to a request of the City
.Manager dated February 14, 1983 and
m accordance with the provisions of
Chapter 400 of the 1981 Code of Iowa,
the Civil Service Commission con-
ducted written examinations on April
7, 1983 for the position of Bus
Operator for the Transit Department.
We do hereby certify that the follow-
ing have successfully passed the writ-
117
ten exam for the position of Bus
Operator.
Bus Operator
Jed Kiebel John J. Dalton, Jr.
Gary Pfab Patrick M. Engling
Carolyn Digman Robert L. Gansen
David L. Ziegen£uss Jeffrey S. Kiebel
Robert W. Flores Glen W. Koetz
Douglas J. Kruse Dennis J. Noggle
Ken K. Arenedorf James Ohnesorge
Carl E. Sargent Lester Reising
A second list is available if needed.
Respectfnily submitted,
John E. Hess
Chairperson
Dolores A. Relhie
Gerald J. Koppes
Civil Service Coramlssion
ATTEST:
Mary A. Davis
Secretary
Council Member Klauer moved that
the communication be received and
filed and that it be made a matter of
record. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
There being no further business,
Council Member Kronfeldt moved to
adjourn. Seconded 5y Council Member
Klauer. 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