1983 June Council Proceedings168
Special Session, May 26, 1983
Regular Session, June 6, 1983
169
CITY COUNCIL
OFFICIAL
Regular Session, June 6, 1983.
Council Met at 7:30 o'clock p.m., in
the Council Chambers at City Hall.
Present-- Council Members Beur-
skens, Dnich, Hammel, Klauer,
Kluesner, Kronfeldt, City Manager W.
Kenneth Gearhart, Corporation
Counsel Harley F. Stark, Jr.
Absent--Mayor Brady
Mayor Pro-Tern Kronfeidt read the
call and stated that service thereof bad
been duly made and this Mectin~g is
the REGULAR MONTHLY
MEETING of the City Council called
for the purpose to act upon such
business which may properly come
before the Council.
Invocation was given by Dr. Ray
Martin, Professor of Biblical and In-
tertestamental Studies at Wartburg
Theological Seminary.
PROCLAMATIONS--Mouth of
June as "Burglary Prevention Month"
received by Police Chief Robert
O'Brlan;
Period of June 14 thru July 4 as
"Honor America Days";
Declaring "Sara Lynn Markus" as
"Sesquicentenial Baby" received by
Council Member John Klauer.
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Delch. Carrled by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
CouneilMembers Beurskens, Deich,
Hammei, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing, to consider a project for
which Federal Operating Assistance
under Section 5 of UMTA is being
sought to offset part of the operating
cost of the Keyline Transit System for
Fiscal Year 1984, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Kluesner moved
tj~at the proof of publication be re-
ceived and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kinesner.
Nays--None.
Absent--Mayor Brady.
Proof of publicatlon, certified to by
the Publisher, on Notice of Public
Hearing on tho matter of the proposed
issuance of $1,940,000 Genorei Obliga-
tion Bonds Ifor an Essential Corpora-
tion Purpose) of said City, presented
and read,
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
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 Pro-Tern Kronfeidt,
Council Members Bourskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 122-83
Resolution Instituting Proceedings to
Take Additional Action for the Is-
suance of $1,940,000 General Obliga-
tion Bonds
WHEREAS, pursuant to notice
published as required by law, this
Council has held a public meeting and
hearing upon the proposal to institute
proceedings for the issuance of
$1,940,000 General Obligation Bonds
for the essential corporate purpose of
paying costs of constructing,
reconstructing, and repairing street
improvements; acquiring and install-
ing traffic control devices and improv-
lng tho municipal airport, and has con-
sidered the extent of objections receiv-
ed from residents or property owners
as to said proposed issuance of bonds;
and, accordingly the following action
is now considered to be in the best in-
terests of the City and residents
thereof:
NOW, THEREFORE. BE IT
RESOLVED BY THE CITY COUN-
C~L OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council does
hereby institute proceedings and takes
additional action for the sale and is-
suanee in the manner required by law
of $1,940,000 General Obligation
Bonds for the foregoing essential co~
porate purpose.
Section 2. The Clerk is authorized
and directed to proceed on behalf of the
City with the sale of said bonds, to
select a date for the sale thereof, to
170
Regular Session, June 6, 1983
cause to be prepared such notice and
sale information as may appear ap.
propriate, republish and distribute the
same on behalf of the City and this
Council and otherwise to take all ac-
tion necessary to permit the sale of
said bonds on a basis favorable to the
City and acceptable to the Council.
PASSED AND APPROVED this
6th day of June, 1983.
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A, Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Pro-Tem Kronfeldt,
Council Members Beurskens, Delch,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider an Ordinance to
reclassify properties east of Radford
Road and north of Pennsylvania Ave.
from AG to R-2 and C-3 District,
presented and read.
Bill Byrne, 1166 Kane, requested
passage of the Ordinance.
Petition of Walter P. and Mary Leu
McFadden objecting to rezoning as re-
quested by Northrange Associates,
presented and read.
Council Member Beurskens moved
that the proof of publication and the
petition be received and filed. Second-
ed by Council Member Klauer. Carried
by the following vote:
Ycas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent-Mayor Brady.
ORDINANCE NO. 27-83
An ORDINANCE Amending Appen-
dix A, also known as the "Zoning Or-
dinance and Zoning Map of the City of
Dubuque, by reclassifying portion of
properties located east of Radford
Road and north of Pennsylvania Ave.
from AG Agricultural District to R*2
Single Family Residential District and
C-3 Commercial District (property
owned by Northrange Associates),
said Ordinance having been presented
and read at the Council Meeting of
May 2, 1983, presented for final adop-
tlon.
ORDIANCE NO. 27-8~
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE;
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTIES EAST OF RADFORD
ROAD AND NORTH OF PENNSYL-
VANIA AVENUE FROM AG AGRI-
CULTURAL DISTRICT TO R-2
SINGLE-FAMILY RESIDENTIAL
DISTRICT AND C-3 COMMER-
CIAL DISTRICT.
BE IT ORDAINED BY THE CITY
COUNCIL 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", to reclassify
hereinafter described property from
"AG Agricultural District" classifica-
tion to "R-2 Single-Family Residential
District" clas~ication, to wit:
Beginning at the northeast corner
of Lot 2-1-1 of Block 1, Northrange
Industrial Park, north approximately
640 feet along the east property line
of Lot 1-1-1-1-1-1-1 of Block 1,
Northrange Industrial Park and a
northerly extension of said line to a
point; west-northwesterly approxi-
mately 755 feet to a point on the
northerly line of Lot 1-1-1-1-1-1-1 of
Block 1, Northrange Industrial Park
lying 543.22 feet southeast of the cen-
terline of Radford Road; south 434.97
feet to a point; west 244.5 feet to a
point; south 363.40 feet to a point;
east 1033.24 feet to the point of
beginning, all in Section 20, T89N,
R2E of the 5th P.M. in the City of
Dubuque, Iowa.
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", to reclassify
hereinafter described property from
"AG Agricultural District" classifica-
tion to "C-3 Arterial Business 'Com-
mercial District" classification, to wit:
Beginning at the intersection of
Radford Road and Pennsylvania
Avenue, esst 1150.35 feet along the
centorline of Pennsylvania Avenue to
a point; north 300 feet to a point;
Regular Session, June 6, 1983
171
west 833.24 feet to a point; south
31.63 feet to a point; southwest
142.64 feet to a point; west 200 feet
to the centerline of Radford Road
south 189.12 feet along said center-
line to the point of beginning: and
Be~nning at the northeast corner-
of Lot 2-1-1-1-1-1-1 of Block 1,
Northrange Industrial Park, north 66
feet to a point; west 3(}0 feet to the
centerline of Radford Road; south 66
feet along said centerline to the north
line of Lot 2-1-1-1-1-1-1 of Block 1,
Northrange Industrial Park; east 300
feet along said line to the point of
beginning: and
Beginning at the northeast corner
of Lot 2-1-1-1-1 of Block 1 ,
Northrange Industrial Park, north
209.97 feet to a point; northwest
258.91 feet to a point; south 195.3
feet to a point; west 300 feet to the
centerllne of Radford Road; south
100 feet along said centerline to the
north llne of Lot 2-1-1-1-1 of Block 1,
Northrange Industrial Park; east
511.5 feet along said line to the point
of beginning, all in Section 20, T89N,
R2E of the 5th P.M. in the City of
Dubuque, Iowa.
Section 8. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Cornmis~'on of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED this 6th day of June,
1983.
Rhonda M. Kronfeldt,
A'vrEST: Mayor Pro-Tern
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
June, 1983.
Mary A. Davis
It 6/13 City Clerk
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Kinuer.
Carried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Delch,
Hammel, Kinuer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider an Ordinance
amending the Zoning Ordinance by
enacting new subsections of Section 4
by adding "Family Home" and dafini-
tion for "Developmentally Disabled"
and "Fan~y Home" and "Group
Home" (in response to State legisla-
tion), presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Hanunel moved
that the proof of publication be re~
ceived and filed. Seconded by Council
Member Beurkens. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Kinuer, Kluesner.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 28-83
AN ORDINANCE AMENDING AP-
PENDIX A OF THE CODE OF OR-
DINANCES OF THE CITY OF
DUBUQUE BY ADDING "FAMILY
HOME"; ENACTING A DEFINI-
TION FOR "DEVELOPMENTALLY
DISABLED" AND "FAMILY
HOME"; ENACTING A NEW
DEFINITION OF "GROUP HOME";
ALL TO ALLOW FAMILY HOMES
FOR A MAXIMUM OF EIGHT (8)
DEVELOPMENATLLY DISABLED
INDIVIDUALS AS A PERMITTED
USE IN THE R-1 THROUGH ~
RESIDENTIAL DISTRICTS AND
OR-1 AND OR-1 (a) OFFICE
RESIDENTIAL DISTRICTS, SAID
ORDINANCE HAVING BEEN
PRESENTED AND READ AT THE
COUNCIL MEETING OF MAY 2,
1983, PRESENTED FOR FINAL
ADOPTION.
ORDINANCE NO. 28-83
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY ENACTING NEW SEC-
TIONS 4-104.2(9), 4-108.2(3) AND 4-
109.2(16); BY ADDING "FAMILY
HOMES" IN SECTION 4-104.6, 4-
105.6, 4-106.6 and 4-109.6; BY ENACT-
lNG A DEFINITION FOR "DEVEL-
OPMENTALLY DISABLED" AND
"FAMILY HOME" IN ARTICLE XI
"DEFINITIONS"; AND BY
REPEALING THE DEFINITION OF
"GROUP HOME" OF ARTICLE XI
"DEFINITIONS" AND ENACTING
A NEW DEFINITION OF "GROUP
HOME" OF ARTICLE XI "DEFINI-
TIONS' IN LIEU THEREOF, ALL
TO ALLOW FAMILY HOMES FOR
A MAXIMUM OF EIGHT (8)
DEVELOPMENTALLY DISABLED
INDIVIDUALS AS A PERMITTED
172
Regular Session, June 6, 1983
USE IN THE R-1 THROUGH R-5
RESIDENTIAL DISTRICTS AND
OR-1 AND OR-I(a) OFFICE RESI-
DENTIAL DISTRICTS.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWAi
Section L That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be araemied by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by adding the defi-
nition "Developmentally Disabled"
and "Family Home" to Article XI Def-
initions thereof, as follows:
ARTICLE XL DEFINITIONS
"Developmentally Disabled - a dis-
ability of a person which has conthi-
ued or can be expected to continue
indefinitely and which is one of the
following:
1) Attributable to mental retarda-
tion, cerebral palsy, epilepsy or
autism;
2) Attributable to any other condi-
tion found to be closely related to
mental retardation because the condi-
tion results in impairment of general
intellectual functioning or adaptive
behavior similar to that of mentally
retarded persons or requires treatment
and service~ similar to those required
for the persons;
3) Attributed to dyslexia resulting
from a disability described in 1) or 2)
above;
4) Attributable to a mental or ncr-
"Family Home - a community based
re~dentlal home which ls licensed as a
residential care facility under Chapter
135C of the Code of Iowa or as a child
foster care facility under Chapter 237
of the Cede of Iowa to provide room
and board, pereonal care, habitulation
service, and supervision in a family
environment exclusively for not more
than eight (8) developmentally disa-
bled persons and any necessary support
personnel However, family home does
not mean an individual foster family
home licensed under Chapter 237 of
the Code of Iowa."
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa" by repealing the
definition "Group Home" of Article XI
Definitions and enacting a new defini-
tion of "Group Home" of Article XI
Definitions thereof, as follows:
ARTICLE XI DEFINITIONS
"Group Home - any group of per-
sons not meeting the definition of a
family and occupying a single dwell-
ing unit, but not including a boarding
or rooming house or family home.'
Section 3. That the Code of Ordi-
nances of the C~ty 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 enacting a new
Section 4-104.2(9) of Article IV thereof,
as follows:
Section 4-104 R-1 Residential District
Regulations
4-104.2 Principal Permitted Uses "9) Family Homes"
Section 4. That the Code of Ordi-
nanc~ 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 adding "and
family homes (4-104.2(9))" of Section
4-104.6 Schedule of District Regula-
tiers Adopted thereof, as follows:
Section 4-104.6 Schedule of District
Regulations Adopted
Principal Permitted Uses
Single Family Dwellings (4-104,2(1))
and Family Homes (4-104.2(9))
Section 6. That the Code of Ordi-
nanc~ 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 adding "and
family homes" to Section 4-105.6
Schedule of District Regulations
Adopted thereof, as follows:
Section 4-105 R-2 Residential District
Regulations
4-105.6 Schedule of District Regula-
tions Adopted
Principal Permitted Us~s (4-105.2)
Single Family Dwellings and Faro-
ily Homes (4-105.2)
Section 6. 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 adding "and
family homes" to Section 4-106.6
"Schedule of District Regulations"
thereof, as follows:
Section 4-106 R-3 Residential Distxict
Regulations
4-106.6 Schedule of District Regula-
tions
Principal Permitted Uses
Single Family Dwellings and Fam-
ily Homes
Section 7. 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 enacting a new
Regular Session, June 6, 1983
173
Section 4-108.2(3) of Article IV thereof,
as follows:
Section 4-108 R-5 Residential District
Regulations
4-108.2 Principal Permitted Uses "3) Family Homes"
Section 8. That the Code of Ordi-
nances of the City of Dubuque, Iowa
he amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa" by enacting a new
Section 4-109.2(16) of Article IV
thereof, as follows:
Section 4-109 OR-1 Office Residential
District Regulations
4-109.2 Principal Permitted Uses "16) Family Homes"
Section 9. That the Code of Ordi-
nances of the City of Dubuque. Iowa
be mnended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa" by adding "and
family homes" to Section 4-109.6
"Schedule of'District Regulations
Adopted" thereof, as follows:
4-169.6 Schedule of District Regula-
tions Adopted
Principal Permitted Uses
Single Family and Family Homes
Section 10. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
PASSED, ADOPTED AND
APPROVED this 6th day of June,
Rhonda M. Kronfeldt,
VI'TEST: Mayor Pro-Tern
Published officially in the Telegraph
Mary A. Davis
I t ti/13 City Clerk
Council Member Harmnel moved
final adoption of the Ordinance.
Seconded by Council Member Beur-
skens. Carried by the fonowing vote:
Yeas--Mayor Pr~-Tem Kronfeldt,
Council Members Beurskens, Deich,
Nays--None.
Absent--Mayor Brady.
Proof of publication, certified to by
the Publisher. on Notice of Public
Hearing to consider an Ordinance
amending Appendix A of the Code of
the Ordinances of the City of
Dubuque, to clarify any modification
of the condition or restriction under
which a Conditional Use Permit is
granted shall require the submittal
and approval of a new Conditional Use
Permit, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing. Coun-
nil Member Klauer moved that the
proof of publication be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
vot~:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer. Kluesner.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 29-83
An ORDINANCE Amending the zon-
ing ordinance and zoning map of tho ci-
ty of Dubuque by enacting a new Sec-
tion 6-106.5 of Article VI in lieu
thereof, to clarify that any modifica-
tion of the condition or restriction
under which a Condithinni Use Permit
is granted shall require the submittal
and approval of a new Conditional Use
Permit, said Ordinance having been
presented and read at the Council
Meeting of May 2, 1983, presented for
final adoption.
ORDINANCE NO.29-83
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY REPEALING SECTION
6-106.5 OF ARTICLE 'VI AND
ENACTING A NEW SECTION 6-
I06.5 OF ARTICLE VI IN LIEU
THEREOF, TO CLARIFY THAT
ANY MODIFICATION OF THE
CONDITION OR RESTRICTION
UNDER WHICH A CONDITIONAL
USE PERMIT IS GRANTED
SHALL 'REQUIRE THE SUBMIT-
TAL AND APPROVAL OF A NEW
CONDITIONAL USE PERMIT.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section l.That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by repealing Sec-
tion 6-106.5 of Article VI thereof, and
enacting a new Section 6-106.5 of Arti-
174
Regular Session, June 6. 1983
cie VI in lieu thereof, as follows:
SECTION 6-106 CONDITIONAL
USE PERMITS: REQUIREMENTS
AND PROCEDURES
SECTION 6-106.5 Conditions and
Restrictions on the Conditional Use
Permit
"6-106.5.1 Imposition of Conditions
and Restrictions
In granting a Conditional Use Per-
mit, the Board may hnpose any con-
ditions or restrictions it reasonably
considers necessary to insure full com-
pbence with the standards of Section
6-106.4 of this Article, to reduce or
eliminate any detrimental effect of the
proposed Conditional Use Permit upon
the neighborhood or the district, or to
carry out the general purposes and
intent of this Ordinance.
6-106~5.2 Modification of Conditions
and Restrictions
Any Subsequent change or modifi-
cation of a condition or restriction
imposed by the Board of Adjustment
in granting a Conditional Use Permit
must be approved in the same manner
and with the same requirements as the
original application for Conditional
Use Permit.
6-106.5.3 Violation of Conditions and
Restrictions
A violation of such conditions and
restrictions, when made a part of the
terms under which the Conditional Use
Permit is granted, shall be deemed a
violation of this Ordinance."
Section 2.That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED; APPROVED AND
ADOPTED this 6th day of June,
1983.
Rhonda M. Kronfeldt,
ATTEST: Mayor Pro-Tern
MARY A. DAVIS,
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 13th day of
June, 1983.
Mary A. Davis,
It 6/13 City Clerk
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by Council Member Beurskens. Car-
tied by the fullowlng vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hannnel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider an Ordinance for
granting Conditional Use Permits for
uses in Historical or Architecturally
Significant Structures in the OR-1 Of-
fice Residential District, presented
and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfcidt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 30-83
An ORDINANCE Amending Zoning
Ordinance and Zoning Map of the
Code of Ordinances by enacting a new
Section 4-109.4(3) in lleu thereof to
establish new reqniremen~ ~nd pro-
cedures for granting Conditional Use
Permits for adaptive uses in Historic
or Architecturally Signfficent Struc-
tures in the OR-1 Office Residential
District, said Ordinance having been
presented and read at the Council
Meeting of May 2, 1983, presented for
final adoption.
ORDINANCE NO. 30-83
AN ORDINA~NCE OF THE CITY
OF DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
J{OWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS TE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY REPEALING SECTION
4-109.4(3) AND (4) OF ARTICLE IV
AND ENACTING A NEW SECTION
~-109.4(3) IN LIEU THEREOF TO
ESTABLISH NEW REQUIRE-
MENTS AND PROCEDURES FOR
GRANTING CONDITIONAL USE
PERMITS FOR ADAPTIVE USES
IN HISTORIC OR ARCHITEC-
TURALLY SIGNIFICANT STRUC-
TURES IN THE OR-1 OFFICE
RESIDENTIAL DISTRICT.
BE IT ORDAINED BY THE CITY
COUNCIL 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
Regular Session, June 6, 1983
175
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by repealing Sec-
tion 4-109.4(3) and (4) of Article IV
and enacting a new Section 4-109.4(3)
in lieu thereof, as follows:
SECTION 4-109 OR-1 OFFICE RESI-
DENTIAL DISTRICT REGULA-
TIONS
4-109.4 Conditional Uses
3) Adaptive uses in historic or archi-
tecturally significant structures, pro-
vided that:
a) the structure or property is
either,
1) listed on the National Register of
Historic Plac~ or is eligible for such
listing as determined by the Dubuque
Historic Pr~ervation Commission, or
2) located in an area which has been
designated an Historic Preservation
District in accordance with Chapter
19.V~ and is supportive or of neighbor-
hood, city, state or national signifi-
cance as determined by the Dubuque
Historic Preservation Commission;
b) only the following uses may be
authorized.
1) specialty shops for gift items,
handicrafts, or clothing,
2) antique shops
3) floral shops
4) art galleries,
5) cabarets, and
6) restaurants;
c) the Dubuque Historic Preserva-
tion Commission has approved plans
for any change, alteration or modifi-
cation of the external appearance of
the building or property; and
d) the Board of Adjustment must
find that the type of merchandise to
be sold, services to be rendered, num-
ber of persons or employees on the
premises, hours of business and other
opsrailonal aspects of the proposed use
are compatible with the appropriate
development and use of neighboring
properties and the intended historic or
architectural character of the area.
Section 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
PASSED, APPROVED AND
ADOPTED this 6th day of June,
1983.
Rhonda M. Kronfeldt,
Mayor Pro-Tem
ATTEST:
Mary A. Davis,
City Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
June, 1983.
Mary A. Davis
City Clerk
It 6/13
Council Member Beurskens moved
final adoption of the Ordiance. Second-
ed by Council Member Kluesner. Car-
ried by the following vote:
Yeas--Mayor Pro-Tem Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing on Resolution of Necessity for
Reconstruction of Peru Road at the
Abandoned Chicago and North-
western Railroad crossing between
Jackson St. & Sheridan Rd., presented
and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Deich moved that
the proof of publication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Pro-Tem Kronfeldt,
Council Members Beurskens, Deich,
Hannnci, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
(NECESSITY FOR IMPROVEMENT)
RESOLUTION NO. 110-83
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of
Dubuque, Iowa and are now on file in
the office of the City Clerk showing
among other things the plans,
specifications and form of contract for
the improvement, and an estimate of
the cost for the Reconstruction of Peru
Road at the Abandoned Chicago and
Northwestern Railroad Crossing.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary fur the public
welfare to make the herein mentioned
nnprovement, and unless interested
persons at the time of the final con-
sideratlon of this proposed resolution
have flied objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
176
Regular Session, June 6, 1983
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 paid
from the General Fund.
The above resolution was introduc-
ed; approved and ordered placed on file
with City Clerk this 16th day of May,
1983.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 6th day of June,
1983.
Rbonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved final
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Pro.Tem Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Khiesner.
Nays--None.
Absent--Mayor Brady.
DECISION OF COUNCIL UPON
OBJECTIONS TO PLANS,
SPECIFICATIONS, FORM OF
CONTRACT AND COST OF
IMPROVEMENTS
RESOLUTION NO. 123-83
WHEREAS, proposed plans and
specifications and form of contract for
the Reconstruction of Peru Road at
the Abandoned Chicago and North-
western Railroad Crossing have been
approved by the City Council of the Ci-
ty of Dubuque and public notice given
as provided by the Code of Iowa per-
raining to public contracts and bonds,
and the time and place fixed for the
hearing of aH objectlans to said plans,
specifications or contract for or cost of
such improvements, said time being
this 6th day of June, 1983; and
WHEREAS, the City Council met in
regular session this 6th day of June,
1983, at 7:30 p.m. at the City Council
Chambers for the purpose of hearing
all interested parties and considering
any and all objections which have been
filed to the proposed plans, specifica-
tions or contract for or cost of the im-
provement herein described and pro-
posed to be made; and
WHEREAS, aH interested parties
have been given an opportunity to be
heard and an objections which have
been duly weighed and considered;
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, specificatinns, 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
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved adop-
tion of the Resolution. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Pro-Tern Kronfoldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Abeent--Mayor Brady.
(ORDERING CONSTRUCTION)
RESOLUTION NO. 124-83
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE that pursuant to a
Resolution of Necessity No. 110-83
which was duly passed by this Council
for the Reconstruction of Peru Road at
the Abandoned Chicago and North-
western Railroad Crossing be and the
san~ are hereby ordered and con-
structed by this council upon its own
motion and with or without the peti-
tion of property owners. All the work
shah be constructed in ~eccordance
with the plans and specifications
heretofore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
Regular Session, June 6, 1983
177
that the cost and expense of the said
improvement be paid from the General
Fund.
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
in the City of Dubuque, Iowa, which
notice shah not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 6th day of July, 1983. Bids will be
submitted to the Council for final ac-
tion at a meeting to he held at the
Public Library Auditorium at 7:30
p.m. on the 18th day of July, 1983.
BE I~ 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
6th day of June, 1983
Rbonda M. Kronfoldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved adop-
tion of the Resolution. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Pro.Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammai, Klauer, Kluesner.
Nays--None.
Aheent--Mnyor Brady.
Communication of City Manager
submitting documents for construc-
tion of the 1983 Asphalt Paving
Project, presented and read.
Council Member Beurshens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfoldt,
Counail Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
(NECESSITY FOR IMPROVEMENT~
RESOLUTION NO. 125-83
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 1983 Asphalt Paving Project.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visabla and necessary for the public
welfare to make the herein mentioned
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 shah be deemed to have waived
all objections pertaining to the
regularity of the proceeding and the
legality of using the special assess-
meat procedure.
Said improvements shah be con-
structed and done in accordance with
tho 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
law, and in proportion to the special
benefits conferred.
The portion of the cost which shah
be borne by the City will be paid from
the Road Use Tax Fund, the Parking
Construction Fund, and the Federal
Revenue Sharing 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 pro-
ceeds thereof used to pay the contrec-
tor.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 6th day of
,June, 1983.
Approved and placed on file for final
action.
Rhonda M, Kronfeldt
Mayor Pro-Tem
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
approval of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Pro-Tern Kronfoldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Klueener.
Nays--None.
Absent--Mayor Brady.
178
Regular Session, June 6, 1983
(Preliminary Approval of Plans, Etc.)
RESOLUTION NO. 12583
BE IT HEREBY RESOLVED by
the City Council of the City of Dubu-
que, Iowa that the proposed plans.
specs., form of contract, etc. for the
CITY OF DUBUQUE 1983
ASPHALT PAVING PROJECT with
the estimated cost of this improve-
meat to be 5848,323.90 are hereby ap-
proved and ordered filed in the Office
of the City Clerk for public inspection,
and are to be considered a part of this
Resolution.
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Bcurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Pro-Tern Krunfeldt,
Council Members Beurskens, Deich,
Hammel, Klaner, Kluesner.
Nays--Nane.
Absent--Mayor Brady.
(FIXING DATE OF HEARING)
RESOLUTION NO. 127-83
WHEREAS, the City Council of the
City of Dubuque, Iowa, has ~dven its
preliminary approval on the proposed
plans, specifications and form of con-
tract and placed on file in the office of
the City Clerk for public inspection,
for the 1983 Asphalt Paving Project,
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 5th day of
July, 1983, a public hearing will be
held at 7:30 o'clock p.m. in the City
Council Chambers 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
causa 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 shah
be published once each week for two
consecutive weeks, the first 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 aH objections
thereto.
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Pro-Tem Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner,
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting documents for construc-
tion of Liberty Avenue Sanitary
Sewer, presented and read.
Council Member Bcurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Bcurskens, Delch,
Hammel, Klauer, Kluesner.
Nays--None.
(NECESSITY FOR IMPROVEMENTt
RESOLUTION NO. 128-83
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que and are now on file in the office 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 Library Avenue Sanitary
Sewer.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
vlsable and necessary for the public
welfare to make the herein mentioned
improvement, and unless property
owners at the t~ne of the final con-
sideration of this proposed resolution
Regular Session, June 6, 1983
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 shah 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
law, and in proportion to the special
benefits conferred.
The portion of the cost which shah
be borne by the City will be paid from
General Obligation Bonds and the
Sanitary Sewer Construction Fund,
and special assessment bonds may be
issued in anticipation of deferred
payments of assessments when a can-
tract has been performed and ec-
cepted, and the proceeds thereof used
to pay the contractor.
The above resolution was intro*
duced, approved and ordered placed on
file with the City Clerk tMs 6th day of
June, 1983,
Approved and placed on ~e for final
action.
Rbonda Krunfeldt
Mayor Pro-Tam
ATTEST:
Mary A. Davis City Clerk
Council Member Beurskens moved
approval of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Pro-Tern Krunfeldt,
Council Members Bearskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
(prelimiuary Approval of Plans, Etc.)
RESOLUTION NO. 129-83
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs, etc. for
the LIBERTY AVENUE SANITARY
SEWER in the estimated amount of
$86,141.87, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection and are to
be considered a part of this Resolution.
Passed, adopted and approved this
9th day of June, 1983
179
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
approval of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Pro-Tern Kronfeldt.
Council Members Beurskens, Deich.
Harnmel, Klauer, Klucener.
Nays--None.
Absent--Mayor Brady.
IFixing Date of Hearing)
RESOLUTION NO. 130-83
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-
flce of the City Clerk for public inspec-
tion, for the Liberty Avenue Sanitary
Sewer, 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 5th day of
July, 1983, a public hearing will be
held at 7:30 o'clock p.m. in the City
Council Chambers in the City of Dubu-
que at which time the owners of pro-
petty 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
be published once each week for two
consecutive weeks, the first publica-
tion of which shall be not less than ten
days prior to the day fixed for its con-
sideratlon. 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 shah be
deemed to have waived aH objections
thereto.
Passed, adopted and approved this
180
Special Session, July 18, 1983
6th day of June, 1983.
Rhanda M. Kronfeldt
Mayor Pfc-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Pro-Tern Krnafoldt
Council Members Beurskens, Deich
Itammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting documents for construe.
tion of Chaplain Schrnitt Memorial
Island Irrigation System, presented
and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Daich. Carried by the follow.
lng vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Delch,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
(Necessity for Improvement)
RESOLUTION NO. 131-83
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
meat, and an estimate of the cost for
the Chaplain Schmitt Memorial Island
Recreation Complex - Underground Ir-
rigation System,
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visabla and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sideration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived ali objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cfi and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from Private Contributions.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 6th day of
June, 1983.
Approved and placed on file for final
action.
APPROVED:
Rhonda M. Kronfeldt
Mayor Pre.Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
approval of the Resolution. Seconded
by Council Member Delch. Carried by
the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesnec.
Nays--None.
Absent--Mayor Brady.
(preliminary Approval of Plans)
RESOLUTION NO. 132-83
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specifications
etc. for tha CHAPLAIN SCHMITT
MEMORIAL ISLAND IRRIGA-
TION SYSTEM project in the
estimated amount of $70,361.75
System No. 1, $61,627.93 System No.
2, $52,885.79 System No. 3, $47,615.49
System No. 4 are hereby approved and
ordered filed in the office of the City
Clerk for public inspection, and are to
be considered a part of this resolution.
Passed, adopted and approved this
6th day of June, 1983.
Rhanda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Prc-Tem Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
{Fixing Date of the Hearing and
Authorizing Advertisement
for Proposals)
RESOLUTION NO. 133-83
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
Regular Session, June 6, 1983
181
office of the City Clerk for public in-
spoction for the Chaplain Schnfitt
Memoriai Island Recreation Complex
-Underground Irrigation System, and
WHEREAS, the proposed Resolu-
tion of Necessity for said improvement
has been introduc, ed and is now on file
in the City Clark s office for public in-
spection.
NOW, THEREFORE, BE IT
RE SOLVED that on the 5th day of Ju-
ly, 1983, a public hearing will be held
at 7:30 p.m. in the Council Chambers
of the City of Dubuque at City Hall at
which time interested persons may
pear and be heard for or against the
proposed plans and specifications
form of contract and cost of said im-
provement, and the City Clerk be and
is hereby directed to newspaper hav-
hig general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the day fixed for
its consideration, and unless in-
terested persons at the time of the
final consideration of the proposed
Resolution of Necessity have flied ob-
jections with the City Clerk, they shall
be deemed to have waived all objee-
tions thereto.
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 ha published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 28th day of June, 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 City Council
Chambers in City Hall at 7:30 p.m. on
the 5th day of July, 1983.
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Hannnel moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Petition of Dennis R. Schilling and
Noland M. Owens requesting to utilize
the existing benches and glass-
enclosed bus stop locations as a means
of selling advertising to local area mer-
chants and helping the unemployed,
presented and read.
Mr. Noland Owens stated that the
Transit Bd. has provided preliminary
approval and that this would help
assist the unemployed.
Council Member Deich moved that
the petition be referred to the City
Mgr. and Corporation Counsel.
Seconded by Council Member Beur-
skens. Vote on the motion was as
follows:
Yeas--Council Members Beurshans,
Deich, Klauec.
Nays--Mayor Pro-Tern Kronfeldt,
Council Members Hammel, Kluesner.
Absent--Mayor Brady.
MOTION FAILED.
Council Member Klauer moved that
this matter ha tabled until communiea-
tion is received from the Transit Bd.
Seconded by Council Member Deich.
Vote on the motion was as follows:
Yeas--Council Members Beurskens,
Deich, Klaner.
Nays--Mayor Pro-Tern Kronfeldt,
Council Members Hammel, Kluesner.
Absent--Mayor Brady.
MOTION FAILED~
Council Member Hammel moved to
deny the petition. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Deich, Hammel,
Nays--Council Members Beurskens,
Klauer.
Absent--Mayor Brady.
Communication of Cable Car Square
Association requesting to place
planters in the Fourth St. Cable Car
Square Area, presented and read.
Council Member Hammel moved
that the petition be received and filed.
Seconded by Council Member Klauer.
Carried by the foliowing vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None
Absent--Mayor Brady.
182
Regular Session, June 6, 1983
ORDINANCE NO. 31-83
AN ORDINANCE AUTHORIZING
CABLE CAR SQUARE A$SOCIA-
TION TO CONSTRUCT TWELVE
FLOWER PLANTERS IN THE
CABLE CAR SQUARE AREA
presented and read.
Council Member Hanunel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt
Council Members Beurskens, Deich
Hammel, Klauer, Klansner.
Nays--None.
Absent--Mayor Brady.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Pru-Tem Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 31-83
AN ORDINANCE AUTHORIZING
CABLE CAR SQUARE ASSOCIA-
TION TO CONSTRUCT 12
FLOWER PLANTERS IN THE
CABLE CAR SQUARE AREA
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE EITY OF DUBUQUE,
IOWA:
Section 1. That the Cable Car
Square As~ceiation as owners of the
premises known as Cable Car Square,
Dubuque, Iowa, be and they are
hereby granted the revocable permit
and authority to construct and main-
rain 3 planters each side of 4th St. -
West at Bluff. 3 each side of Bluff St.
between 4th and 5th St. (12 Total)
under the terms and conditions set
forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by pennittoes and
approved by the City Manager, under
the supervision and direction of the
City Manager, and in accordance with
all epplicabis state and federal laws
and regulations, and the Ordinances of
the City of Dubuque.
Section 3. That the permission.
herein granted is expressly conditioned
on pennittees' agreement to:
a) Assume any and all liability for
damages to persons or property which
may result from the existence, loca-
tion, installation, construction or main-
tenance of said 12 flower planters;
b) Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the loca-
tion, installation, existence, construc-
tion or maintenance of said 12 Bower
planters sustained by any person or
persons, caused by accident or other-
wise to defend at its own expense and
on behalf of said City any claim
against the City of Dubuque aris/ng
out of the location, installation, exis-
tence, construction or maintenance of
12 flower planters' and to pay reason-
able attorney fees therefore; and
c) Indemnify and hold the City of
Dubuque free and harmle~ from any
and all claims, loss, liability and
expense for death and/or injuries to
· third persons or damages to property
of third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in connec-
tion with the location, installation,
construction, maintenance and repair
of the facility, work or improvement
permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittoes' further agreement
that should the right and privilege
herein granted be rescinded or revoked
by the City Council, permlttees, or
the/r succe~ors in interest, as owners
of the abutting property, shall within
ten (10) days after receipt of written
notice from the City Manager, so to
do. at their own expense, remove said
12 flower planters and in the event of
their failure so to do, the City of
Dubuque shall be authorized to
remove said 12 flower planters at per-
mittees' expense and dispose of the
same, and the pen~ittee shall have no
claim against the City or its agents for
damages resulting from the removal of
said 12 flower planters.
Section 5. That permittees convert-
ant and agree that the revocable per-
mit herein granted does not constitute
an approval of the design, erection,
location, construction, repair or main-
tenance of said facility and said per-
mittees hereby convenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death, per-
sonal injuries and/or property damage
against the permittees arising out of or
Regular Session, June 6,1983
183
in any way connected with the loca-
6on, installation, construction, design,
repair and maintenance of the facfl*
ily herein permitted.
Section 6. This Ordinance shall
bi.come effective and the rights here-
under accrue to Cable Car Square
Associainn when this Ordinance has
been adopted by the City Council and
*he terms and conditions thereof
accepted by permittees by acceptance
~*ndo~sed on this Ordinance.
Section 7. That the City Clerk be
and he is authorized and directed to
file at permittees' expense a copy of
this Ordinance in the office of the
Recorder in and for Dubuque County,
[owa,
P~d, approved and adopted this
,~th day of June, 1983.
Rimnda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE
OF ORDINANCE NO. 31-83
The undersigned having read and
heing familiar with the terms and con-
ditions of Ordinance No. 31-83 hereby, '
I'ol' themselves, their successors or
;ssigns, as owners of the abutting prop-
,~'~y, accept the same and agree to be
hound by the conditions and agree-
ments therein contained to be per-
I'ormed by permittees.
Dated: June 1, 1983
BY:/s/Susan W. Kunnert
President
BY:/s/Jane WalKs Price
Secretary
PubKshed officially in the Telegraph
Iterald newspaper this 13th day of
Jnne. 1983.
Mary A. Davis
City Clerk
It 6/13
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--Nofie.
Absent--Mayor Brady.
Communication of City Manager r~-
questing that First (1) reading only be
given on an Ordinance providing for
rules and regulations regarding the In-
dustrlal Park Pretreatment Program,
presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Hammel Carried by the
following vote:
Yeas--Mayor Pro-Tem Kronfeldt,
Council Members Beurskens, Delch,
Hannnel, Klauer, K]uesner.
Nays--None.
Absent--Mayor Brady.
An ORDINANCE Providing for
establishing Rules and Regulations for
the Industrial Park Pretreatment Pro-
gram, presented and read.
Council Member Kluesner moved
that the reading just had be con-
sldered the first reading of the Or-
dinance. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Pro-Tem Krunfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
recommending acceptance of Radford
Industrial Park Water Storage Facili-
ty Project, presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Pro-Tern Krordeldt,
Council Members Beurskans, Deich,
Hammel, Klauer, Klansner.
Nays--None.
Absent--Mayor Brady.
(Accepting Improvement)
RESOLUTION NO. 134-83
WHEREAS, the contract for the In-
dustrial Park Water Storage Tank has
been completed and the City Manager
has examined the work and ~ed his
certificate stating that the same has
been completed according to tho terms
of the contract, plans and specifica-
tions and recommends its acceptance;
NOW, THEREFORE, BE IT
RESOLVED BY THE City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
merit be and the same is hereby ac-
ceptod.
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tor from the Water Divi-
sion-Construction Fund and
Economic Development Administra-
184
Regular Session, June 6, 1983
tion funds in amount equal to the
amount of his contract, less any retain-
ed percentage provided for therein.
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel. Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
(Final Estimate)
RESOLUTION NO. 135-83
WHEREAS, the contract for the In-
dustrial Park Water Storage Tank has
been completed and the City Engineer
has submitted his final estimate show-
lng the cost thereof including the cost
of estimates, notices and inspection
and all miscellaneous costs;
NOW, THEREFORE, BE IT
RESOLVED, BY THE City Council of
the City of Dubuque, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
$547,170.0~ and that said amount shall
be paid from the Water Divi-
sion-Construction Fund and
Economic Development Administra,
tion funds of the City of Dubuque,
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Khiesner.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager re-
questing to certify to the Dubuque
County Auditor a llst of delinquent re-
fuse collection accounts, 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 Pro-Tom Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 136-83
Resolution Authorizing the City
Manager to Collect Delinquent Refuse
Collection Accounts in Accordance
with Section 17-37(d} of the Code of Or-
dinances of the City of Dubuque,
Iowa.
WHEREAS, City refuse collecC~on
from residential premises, as defined
in the Code of Ordinances of the City
of Dubuque, Iowa, is mandatory; and
WHEREAS, at least annually, the
City Manager is required to prepare a
list of persons who are delinquent in
the payment of the required charges;
and
WHEREAS, delinquent refuse col-
lection charges shall be certified by the
City Clerk to the Dubuque County
Auditor for collection with, and in the
same manner as, general property
taxes;
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the persons named
hereinunder, owning the property
thereby set forth, are delinquent in the
payment of refuse collection charges in
the amount set aside of the name.
James E. & Judith A. Ostert (Con-
tract) Robert L. & Jean Ostert (Owner)
125 Nicolet St.
Lot 1, Sub 85 Linehan Park add. Lot 1,
Sub 85A Linehan Park add. (6-4-4-48)
$62.79
Vernon F. & Dorothy Thomas (Con-
tract) Mary Thomas (Owner) 731
Louise St.
Lot 24 Maple Leaf Add. No. 2 Lot 25
Maple Leaf Add. No. 2 (6-3-3-86)
$82.79
Regular Session, June 6, 1983
185
Mary G. Corell(Owner 1460MiilerR¢
Lot 1-1-1-2-1-1-1-1-1-1-1 Mineral Lot
499 (6-13-1-18)
$62.79
Alvin D. & Constance M. Legrand
(Contract) John H. & Helen L. Pollock
(Owner) 1553 Southern Ay.
Lot 1-1-1-6 Shiptons Resub. (6-14-1-15
$62.79
David Michael & Barbara Jean Hum-
mel (Owner) 1637 Manson Rd.
Lot 1-2-1-2-4 Mineral Lot 501 Lot 2-3
Mineral Lot 509 (6-14-2-44)
$62.79
Nicholas & Marie Merfeld (Owner) 575
Cedar Cross Rd.
Lot 2-1-1-1-2-3 Mineral Lot 219 Lot
2-2-1-2-1-1-2 Mineral Lot 220
(6-12-2-66)
$62.79
John W. & Mary Gerdeman (Owner)
3567 Crescent Ridge
L~t 19 Dubuque Homes, Center Grove
Place No. 2 (6-10-4-29)
$62.79
Section 2. That the City Clerk be and
is hereby ordered and directed to
tify to the County Auditor of Dubuque
County, Iowa, that the persons named
hereinbefore are delinquent in the pay-
ment of refuse collection charges in the
amount set aside of the respective
names, and that said amounts shall be
collected in the same manner as
general property taxes against the
respective parcels of property set op-
posite the names of the owners.
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Delch,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager re-
questing to certify to the Dubuque
County Auditor a list of delinquent
sewer accounts, presented and read.
Council Member Klauer moved that
the communication be received and fil-
ed. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Khiesner.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 137-83
Resolution Authorizing the Collection
of Delinquent Sewer Accounts in Ac-
cordance with Sections 35-55 and 36-59
of the Code of Ordinances of the City
of Dubuque, Iowa.
WHEREAS, Section 36-55 of the
Code of Ordinances authorizes the Ci-
ty to levy and collect just and
equitable charges, rates or rentals
upon all lots, parcels of real estate and
buildings that are connected directly
or indirectly with the sanitary sewer
system, and
WHEREAS, Section 36-59 of the
Code of Ordinances provides that the
City shall have a lien upon the real pro-
perty served by the sanitary system
for all delinquent rates and charges,
and
WHEREAS, said delinquent sewer
charges shall be certified by the City
Clerk to the Dubuque County Auditor,
and same shall then be collected with,
and in the same manner as, general
property taxes,
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the person named
hereinafter, owning the following
described property, has unpaid
charges in the amount set ou~ and that
said charges are delinquent.
Mary G. Corell (Owner) 1460 Miller
Rd.
Lot 1-1-1-2-1-1-1-1-1-1-1 Mineral Lot
499 (6-13-1-18)
$105.08
Section 2. That the City clerk be and
is hereby ordered and directed to ce~
tify to the County Auditor of Dubuque
County, Iowa, that the person named
186
Regular Session, June 6, 1983
herein is delinquent in the payment of
sewer charges in the amount set aside
of the name, and that said delinquent
sewer charges shall be collected in the
same manner as general property taxes
against the parcel of property set op-
posite the name of the property owner.
Section 3. That the delinquent sewer
charges be and the same shall be cai~
leered with, and in the same manner
as, general property taxes as is provid-
ed by law.
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurckens. Car-
ried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt
Council Members Beurckens, Deick,
Hammel, Klauer, Kinesner.
Nays--None.
Absent--Mayor Brady.
Communication of Planning and
Zoning approving final plats (3) in Nor-
thrange Subdivision, presented and
read. Council Member Beurskens mov-
ed that the communication be received
and filed. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfeldt
Council Members Beurskens, Delch,
Hammel, Klauer, Kluesnar.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 138-83
Resolutlon Approving Plat of the sub-
division of Lot 5, Block 3 of "Embassy
West" in the city of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clork a plat of the Sub-
division of Lot 5, Block 3 of "Embassy
West" in the City of Dubuque, Iowa;
and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and they find that the
same conforms to the statutes and or-
dinances relating thereto, except that
Lot 2 of Lot 5, Block 3 of "Embassy
West" does not meet the minimum
frontage requirements and Lot 1 of
Lot 5, Block 3 of "Embassy West" is
to be dedicated for public right of way;
and
WHEREAS, said plat has been ap-
proved by the City Planning and Zon-
ing Commisslan on the condition that
Lot 2 of Lot 5, Block 3 of "Embassy
West" shall be considered non-
buildable until incorporated into Lot 4
of "Embassy West" and Lot 1 of Lot
5, Block 3 of "Embassy West" shall be
dedicated to the public for roadway
purposes via the plat of "Northrange
Sub. No. 1"; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto; and
WHEREAS, the City Council con-
curs in the condition of approval
established by the City Planning and
Zoning Commission;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the above-described
plat be and the same is hereby approv-
ed and the Mayor and Clerk be and
they are hereby authorized and
directed to endorse the approval of the
City of Dubuque upon said pla$ pro-
vided that the owner of said property
shall execute a written acceptance
hereto attached, acknowledging and
agreeing:
a)That Lot 2 of Lot 5, Block 3 of "Em-
bassy West" shall be considered non-
buildable unless and until it is in~o~
)orated into Lot 4 of "Embassy
West';' and
b) That Lot i of Lot 5, Block 3 of "Em-
bassy West" is to be dedicated to the
public for roadway purposes via the
plat of "Northrange sub. No.
Section 2. That in the event the
owner fails to execute the Acceptance
provided for in Section i herein within
forty.five (45) days after the date of
this resolution, the provisions herein
slmll be null and void and the approval
of the Plat shall not be effective.
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Regular Session, June 6, 1983
187
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Pro-Tern Kronfeldi
Council Members Beurskens, DeicI
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 139-83
Resolution Approving the plat of th~
Subdivision of Lot 2 of Southeast One
quarter of Southeast One Quarter,
Section 20, Township 89 North, Range
2 East of Fifth Principal Meridian, in
the City of Dubuque, Iowa.
WHEREAS, there has been
filed with the City Clerk a plat of Sub-
division of Lot 2 of Southeast One
Quarter of Southeast One Quarter,
Section 20, Township 89 North, Range
2 East of Fiftb Principal Meridian in
the City of Dubuque, Iowa; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and they find that the
same conforms to the statutes and or-
dinances relating thereto, except that
Lot 2 of the subdivision of Lot 2 of
Southeast One Quarter of Southeast
One Quarter, Section 20, Township 89
North, Range 2 East of the Fifth Prin-
cipal Meridian is to be dedicated for
public right of way; and
WHEREAS, said plat has been ap-
proved by the City Planning and Zon-
ing Commission on the condition that
Lot 2 of Subdivision of Lot 2 of
Southeast One Quarter of Southeast
One Quarter, Section 20, Township 89
North, Range 2 East of the fifth Prin-
cipal Meridian is to be dedicated to the
public for roadway purposes via the
plat of "Northrange Sub. No. 1"; and
WHEREAS, said plat has been ex-
aminad by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto; and
WHEREAS, the City Council con-
curs in the condition of approval
established by the City Planning and
Zoning Commission;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the above-described
plat be and the same is hereby approv-
ed and the Mayor and Clerk be and
they are hereby authorized and
directed to endorse the approval of the
City of Dubuque upon said pla~ pro~
vided that the owner of said property
shall execute a written acceptance
hereto attacked, acknowledging and
agreeing:
a) Lot 2 of Subdivision of Lot 2 of
Southeast One Quarter of Southeast
One Quarter, Section 20, Township 89
North, Range 2 East of Fifth Principal
Meridian, is to be dedicated to the
public for roadway purposes via the
plat of "Northrange sub. No. 1".
Section 2. That in the event the
Owner fails to execute the Acceptance
provided for in Section i herein within
forty-five (45) days after the date of
this Resolution, the provisions herein
shall be null and void and the approval
of the Plat shall not be effective.
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskena moved
adoption of the Resolution. Seconded
by Council Member Hanunal. Carried
by the following vote:
Yeas--Mayor Pro-Tern Kronfoldt,
Council Members Bourskena, Deich,
Hammel, Klauer, Klnasner.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 140-83
Resolution Approving the Plat of Nor-
thrange Subdivision No. 1 in the City
of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the Sub-
division to be known as "Northrange
Subdivision No. I in the City of Dubu-
que, Iowa; and
WHEREAS, upon said plat appears
a street to be known as Northrange
Drive, togethor with certain public
utifity easements which the Owners by
said plat have dedicated to the public
forever; and
WHEREAS, said plat has been
188
Regular Session, June 6, 1983
examined by the City Planning and
Zoning Commission and had its ap-
proval endorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the same conforms to
statutes and ordinances relating
thereto, except that street grades have
not been established, the streets
brought to grade, or paving, sewer or
water installed.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE.
IOWA:
Section L That the dedications of
Northrange Drive and eleven (11) feet
north of Pennsylvania Avenue,
together with the easements for public
utilities as the same appear upon said
plat, be and the same are hereby ac-
cepted;
Section 2. That the plat of "Nor
thrange Subdivision No. 1" be and the
same is hereby approved and the
Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the city of Dubuque, Iowa,
upon said pla~ provided the owners of
said property herein named, execute
their written acceptance hereto attach-
ed agreeing;
a) To reduce all streets to grade and
to construct concrete curb and gutter
and to hard surface Northrange Drive
with bituminous concrete, or with con-
crete paving with integral curb, ail in
accordance with City of Dubuque stan-
dard specifications;
b) To install sanitary sewer mains
and sewer service laterals in accor-
dance with plans submitted with the
plat;
c) To install water mains and water
service laterals in accordance with
plans submitted with the plat;
d) To install storm sewers and cat-
chbasins in accordance with plans sub.
mittod with the plat;
e) To install concrete sidewalks as re-
qnired by Ordinances, and where
directed by the City Engineer and the
City Manager;
f) To install boulevard street
lighting in accordance with City
specifications;
g) To construct the foregoing im-
provements in accordance with plans
and specifications approved by the Ci-
ty Manager, under the inspection of
the City Engineer, and in a manner ap-
proved by the City Manager;
h) To construct said improvements,
except sidewalks and street lighting
prior to July 1, 1984 and to construct
the sidewalks and street lighting prior
to July 1, 1985.
i) To maintain the foregoing im-
provements for a period of four {4)
years from the date of their acceptance
by the City of Dubuque, Iowa;
j) To provide the foregoing construc-
tion and maintenance at the sole ex-
pense of the subdivider Northrange
Associates, Inc. as owner;
k) To file an Affidavit with the Soil
Conservation District prior to any
land disturbing activity in accordance
with Section 467A.164 of the Code of
Iowa.
and further provided that said Nor-
thrange Associates, Inc., as owner of
said Subdivision, secure the perfo~
manee of the foregoing conditions by
providing security in such form and
with such sureties as may be accep-
table to the City Manager.
Section 3. That in the event Nor
thrange Associates, Inc. shall fail to
execute the acceptance and furnish the
security provided for in Section 2
hereof within forth-five (45) days after
the date of this Resolution, the provi-
sions hereof shall be null and void and
the acceptance of the dedication and
approval of the plat shall not be effoc-
Passed, adopted and approved this
6th day of June, ~:983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
Cit~ Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Hannnel. Carried
by the renewing vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Harnmel, Klauer, Khiesner.
Nays--None.
Absent--Mayor Brady.
Communication of Planning hnd
Zohing submitting and approving final
plat of Dubuque Industrial Center
Fourth Addition, located east of Rad-
ford Rd. and west and north of
Chavenelle Rd., presented and read.
Council Member Kluesner moved that
the conununication be received and ill-
ed. Seconded by Council Member
Beurskens. Carried by the following
Regular Session, June 6, 1983
vote:
Yeas--Mayor Pro~Tern Kronfeldt
Council Members Beurskens, Deich
Hammel, Klauer, Klueener.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 141-83
Resolution Approving the Plat of
"Dubuque Industrhil Center Fourth
Addition" in the City of Dubuque
Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the sub-
division to be known as "Dubuque In-
dustrial Center Fourth Addition" in
the City of Dubuque, Iowa; and
WHEREAS, upon said plat appears
Future Court which the owner by said
plat has dedicated for use as a public
roadway; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and has had its ap-
proval endorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the same conforms to
statutes and ordinances relating
thereto, except that the public street
to be known as Future Court has not
been constructed; ~nd
WHEREAS, the City Council has
approved plans and has contracted for
the improvement for Future Court as
a public street, and therefore no addi-
tional security is required for its ira-
provement and maintenance.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedication of
Future Court for public street pu~
poses as the same appears upon said
pla$ be and the same is hereby ac,
cepted.
Section 2. That the plat of "Dubuque
Industrial Center Fourth Addition" be
and the same is hereby approved and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque upon
said plat.
Passed, adopted and approved this
189
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Khiesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting two Ordinances to clarify
the process by which certain business
licenses may be suspended or revoked,
~resented and read. Council Member
Hammel moved that the communica-
tion be received and fried. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Klueener.
Nays--None.
Abeent--Mayec Brady.
ORDINANCE NO. 32-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING A NEW SECTION 22-19
THERETO TO PROVIDE FOR A
PROCEDURE FOR SUSPENSION
OR REVOCATION OF LICENSES
AND APPEAL PROCEDURES
presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens~ Deich,
Hammel, Klauer, Khesner.
Nays--None.
Abeont--Mayor Brady.
Council Member Hammel moved that
the rule roqdiring an Ordinance to be
presented and read at two meetings
prior to the meeting when find action
is taken, be dispensed with. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
190
Regular Session, June 6, 1983
Absent--Mayor Brady.
ORDINANCE NO. 32-83
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY ENACTING A NEW SECTION
22-19 THERETO TO PROVIDE FOR
A PROCEDURE FOR SUSPENSION
OH REVOCATION OF LICENSES
AND APPEAL PROCEDURES.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section LThat the Code of Ordi-
nances of the City of Dubuque, Iowa
he amended by enacting a new Sec-
tion 22-19 to read as follows:
"Sec. 22-19. License - Suspension, Rev-
ocation,
(l) The City Manager may, upon
good cause, suspend or revoke any
license issued under this Section for a
period not to exceed one (1) year.
(2) No new license shall be issued
to any applicant, the spouse or tala-
tire within the first degree of consan-
guinity as defined by the Iowa Code of
any licensee so suspended or revoked
during said period of suspension or rev-
ocation.
(3) The City Manager shall cause to
be issued a notice that said license is
suspended or revoked and therein set
forth the reason(s) therefore. Said
notice shall be sent by first class
United States mail to the registered
business address on file with the City
Clerk.
(4) Appeal to the City Council from
tbe decision of the City Manager shah
be made by the licensee within ten (10)
days from the date of suspension or
revocation and shall be filed with the
City Clerk. The applicant may present
evidence to the City Council by way of
public hearing as to why the license
should not be suspended or revoked."
Passed, approved and adopted this
6th day of June, 1983.
Rhonda M. Kronfeldt,
Mayor Pro-Tern
ATTEST:
Mary A. Davis,
¢'iiy Clerk
I'ublished officially in the Telegraph
tlerald newspaper this 13th day of
June, 1983.
Mary A. Davis
City Clerk
Counc'd Member Hammel moved
final adoption of tho Ordinance.
Seconded by Council Member Daich.
Carried by the following vote:
Yeas--Mayor Pro-Tom Kronfeldt,
Council Members Bourskens, Deich,
Hammai, Klauer, Klueener,
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 33-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE BY ENAC-
TING A NEW SECTION 24-10 TO
ARTICLE I OF CHAPTER 24 IN
LIEU THERETO TO PROVIDE FOR
PROCEDURE FOR SUSPENSION
OR REVOCATION OF BUSINESS
LICENSES AND APPEAL PRO-
CEDURES, presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Klueener.
Nays--None.
Absent--Mayor Brady.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Deich. Carried by
tho following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hannnel, Klauer, Kluesnor.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 33-83
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY REPEALING SECTION 24-10 OF
ARTICLE I OF CHAPTER 24 AND
ENACTING A NEW SECTION 24~10
TO ARTICLE I OF CHAPTER 24 IN
LIEU THEREOF TO PROVIDE
FOR PROCEDURE FOR SUSPEN-
SION OR REVOCATION OF BUSI-
NESS LICENSES AND APPEAL
PROCEDURES.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
'CIL OF THE CITY OF DUBUQUE,
IOWA:
Section l. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Section 24-
Regular Session, June 6, 1983
191
10 of Article I of Chapter 24 and that
the same be and is hereby repealed and
a new Section 24-10 to Article I of
Chapter 24 be enacted to read as fol-
lows:
"CHAPTER 24. ARTICLE I. OCCU-
PATIONAL LICENSES GEN-
ERALLY.
Sec. 24-10. License - Suspension, Rev-
ocation.
(1) The City Manager may, upon
good cause, suspend or revoke any
license issued under this Chapter for
a period not to exceed one (1) year.
(2) No new license shall be issuel
to any applicant, the spouse or rein-
tire within the first degree of consan-
guinity as defined by the Iowa Code of
any licensee so suspended or revoked
during said period of suspension or rev-
ocation.
(3) The City Manager shall cause to
be issued a notice that said license is
suspended or revoked and herein set
forth the reason(s) therefore. Said
notice shall be sent by first class
United States mail to the registered
business address on file with the City
Clerk.
(4) Appeal to the City Council from
the decision of the City Manager shall
be made by the licensee within ten (10)
days from the date of suspension or
revocation and shall be filed with the
City Clerk. The applicant may present
evidence to the City Council by way of
public hearing as to why the license
should not be suspended or revoked."
Passed, approved and adopted this
6th day of June, 1983.
Rhonda M. Kronfeldt,
ATTEST: Mayor Pro-Tern
Mary A. Davis,
City Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
June. 1983.
Mary A. Davis,
City Clerk
Couneil Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Daich.
Carried by tho following vote:
Yees--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Doich,
Hammai, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting an Ordinance updating the
rabies vaccination requiremonte for
dogs and cats, 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 Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 34-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING A NEW SECTION 7-45 IN
LIEU THEREOF PROVIDING FOR
THE VACCINATION AGAINST
RABIES FOR DOGS AND
CATS,presented and read.
Council Member Klauer moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hamrael, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Council Member Klauer 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 Beurskens. Car-
ried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hanunel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 34-83
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY REPEALING SECTION 7-45
THEREOF AND ENACTING A
NEW SECTION 7-45 IN LIEU
THEREOF PROVIDING FOR THE
VACCINATION AGAINST RABIES
FOR DOGS AND CATS
NOW THEREFORE, BE IT
ORDAINED BY THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Section 7-45
therepf and enacting a new Section 7-
45 in lieu thereof as follows:
'*See. 7-45. Vaccination Required.
(a) It shall be unlawful for the
owner of any domesticated species of
192
R~egular Session June 6, 1983
dog or cat to keep or maintain suck
animal unle~ the dog or cat shall be
vaccinated against rabies by a licensed
veterinarian with a vaccine approved
by the Iowa Department of Agricul-
ture and administered in accordance
with the following schedule.
Age at
Cisss of Primary
Animal Vacnina-
tion Booster
Dogs 4months 1 y e a r
later
trienniaily
thereafter
Cats 4 months Annually*
or
1 year
later
triennially
thereafter
* Approved three year vaccine may
be substituted.
(b) Inactivated nervous fi~ue vac~
cine may only be used in accordance
with the rules of the Iowa State
Department of Agriculture.
(c) A copy of the Official Rabies
Vaccination Certificate approved by
the Iowa State Department of Agri-
culture shail be a condition precedent
to the i~uance of any license author-
ized by this Article."
Passed, approved and adopted this
6th day of June, 1983.
Rhonda M. Kronfeldt
ATTEST: Mayer Pro-Tern
Mary A. Davis
City Clerk
Published offically in the Telegraph
Herald newspaper this 13th day of
June, 1983.
Mary A. Davis,
City Clerk
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt
Council Members Beurskens, Deich,
Hammel, Kinuer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Petition of Council Member Klauer
recoramending a change in City Or~
dinanea Section 25-308 and Section
25~325(b) by deleting or at least modi-
fying the words "and Saturday" regar-
ding parking on City Streets
presented and read. Council Member
Klauer moved that the petition bo
received and filed. Seconded by Coun-
cil Member De,ch. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Kinuer, Kluesner.
Nays--None.
Absent--Mayor Brady.
BOARDS & COMMISSIONS
Planning and Zoning Commission --
2-3Yr. Terms to Expire 5-24-86 (Terms
of Knapp and Rosenow); Applicants:
Daniel P. Ernst, Jim Farber, William
A. Knapp, Ruth Nash, Richard R.
Reiter, Ed Rosenow. Vote on the ap-
~dintments was as follows: Council
Member Beurskens voted for Reiter
and Rosenow; Mayor Brady--Absent;
Council Member Deich voted for
Knapp and Rosenow; Council Member
Hammni voted for Reiter and
Rosenow; Council Member Kinuer
voted for Rosenow and Nash; Council
Member Kluesner voted for Reiter and
Rosenow; Mayor Pro-Tern Kronfeldt
voted for Reiter and Rosenow;
Therefore, Richard Reiter and Ed
Rosenow appointed for three year
terms which will expire May 24, 1986.
RESOLUTION NO. 142-83
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that the following have 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.
Angel Investment Co.
Casey's General Store
2699 Rockdnie Rd.
The Monday Company
Casey's General Store
4003 Peru Rd.
Dennis A, Althaus
Family Beer Store
25 Ruby St.
Dennis A. Altbeus
Family Mart
3201 Central Ave.
George K. Arvanitla
Busy Bee Cafe
1958 Central Ave.
Bishops Buffets, Inc.
Kennedy Mall
Cresinnes Bowling, Inc.
255 S. Main St.
Lloyd Dalsing
The Chateau
3750 Central Ave.
Design Center, Inc.
[niien Motor Inn
200 Main St.
Regular Session, June 6, 1983
193
Fischer & Co., Inc.
The Office Grill
9th & Main St.
Fischer & Co., Inc.
Fischer Bowling Lanes
880 Locust St.
Lorraine A. Fransen
1900 Tap
1100 Lincoln Ave.
Raymond L. & Kandis L. Huggstrom
The Kegger
3412 Pennsylvania
Hartig Drug Company, Inc.
700 Town clock Plaza
Hartig Drug Company, Inc.
97 Locust St.
Hartig Drug Company, Inc.
2255 J. F. Kennedy Rd.
Hartig Drug Company, Inc.
2225 Central Ave.
Hy-Vee Food Stores, Inc.
Save-U-More
3333 Asbary Rd.
Inn's of Iowa Ltd.
Dubuque Inn Best Western
3434 Dodge St.
Iowa Oil Co.
Jackson Street IOCO
1998 Jackson St.
Iowa Oil Co.,
Dodge Street IOCO
1481 Dodge St.
JoTer, Inc.
Bridge Restaurant
31 Locust St.
KC& Sine.
4th and Main St.
James J. Klauer
Dog House Lounge
1646 Asbury Rd.
Kopple's Inc.
1098 University Ave.
Leonard Oil Company
Site Service -389
1387 Dodge St.
Marc's Big Boy Corp
2600 Dodge St.
Nash Finch Company
Warehouse Market
190 J. F. Kennedy Rd.
Eugene A. Otting
The Dip Tap
1689 Elm St.
~ichard E. Palmer & James B.
McDonough
Palmer Drug
2600 Dodge St.
R & S Enterprises, Inc.
Union Bus Depot
485 Central Ave.
Revco Discount Drug Centers of Iowa,
-3016
3049 Asbury Rd.
Revco Discount Drug Centers of Iowa,
-3020
Warren Plaza
Sordahl Enterprises, Inc.
Nabors Drug
1920 Elm St.
Robert Spiegel & John Richman
Avenue Top
1080 University Ave.
Trausch Baking Company
25 Main St.
Wareco System of Iowa
700 Rhomberg Ave.
Vivian Heinz
Oky Doky -7
3301 Pennsylvania
TFM Co.
Oky Doky -6
1256 Iowa St,
TFM Co.
Oky Doky -9
51 W. 32nd St.
Dodge House Corp.
Dodge House Motel
701 Dodge St.
LaVern Hennen
Vern's Fastop D-X
3300 Asbury Rd.
Catherine Meyer
Meyer's Tavern
530 E. 22nd St.
Peter Oeth & Dennis Slowey
Hardee's Drive-INN
703 Dodge St.
Rainbo Oil Co.
KWIKSTOP Food Mart
229'/University Ave.
Transport Sales Co,
KWIKSTOP Food Mart
1075 Dodge St.
Marionette Tindell
Puppott Inn
1097 Jackson St.
Will Co., Inc.
Oky Doky foods - 10
805 West 5th St.
Mary L. Detainer
E1 Toro Lounge
1445 Central Ave.
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
194
Regular Session, June 6, 1983
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member De{ch. Carried by
the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Dclch,
Hammel, Klauer, Klueener.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 143-83
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 fo{lowing named ap-
pi{cants a Beer Permit.
CLASS "B" BEER PERMIT
James L. Ferring
Ted's Tap
385 E. 13th St.
Passed, adopted and approved this
6th day of June, 1983
Rbenda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member De{ch. Carried by
the fo{lowing vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, De{ch,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 144-8~
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-
cup{ed 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
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-
pilcants a Liquor License.
CLASS "A" (CLUB) BEER AND LI-
QUOR LICENSE
Dubuque Lodge 355 Loyal Order of
Moose
(Also Sunday Sales)
1200 Maiu St.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Marionette Tindell
Puppet Inn
1097 Jackson St.
Lloyd Dais{rig
The Chateau
(Also Sunday Sales)
3750 Central Ave.
Milton E. Schwartz
Airport Inn
(Also Sunday Sales)
574 E. 16th St.
JoTer Incorporated
Bridge Res. & Lounge
(Also Sunday Sales)
31-35 Locust St.
Passed, adopted and approved this
6th day of June, 1983
Rhonda M. Kronfeldt
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member De{ch. Carried by
the following vote:
Yeas--Mayor Pro-Tom Kronfeldt,
Counc'd Members Beurskens, De{ch,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
MINUTES SUBMITTED: Airport
Comm. of 5-3; Cable Regulatory
Comm. of 5-11; Carnegie Stout Public
Library of 4-19; Community Develop-
ment Comm. of 5-10; Electrical Ex-
aminlng Bd. of 5-10; Five Flags Comm.
of 5-16; Housing Comm. of 5-17;
Human Rights Comm. of 5-9; Transit
Bd. Earnings Statement for month of
April, 1988; Tele-Programming Com-
mission of 5-10; P & Z of 5-4; Zoning
Bd. of Adjustment of 4-21 and 5-19;
Regular Session, June 6, 1983
195
presented and read.
Council Member Beurskens moved
that the minutes be received and filed.
Seconded by Council Member Klauer.
carried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, De{ch,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
NOTICES OF CLAIMS: Merlin
Obarbrockling, father of Karen Ober-
brockling et al, in amount of
$16,177.65 for personal injuries;
James Maisenburg in amount of $150
for car damages; presented and read.
Council Member Beurskens moved
that the claims be referred to the Cor-
poration Counsel for investigation and
report. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, De{ch,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Communication of City Solicitor
Lindahi recommending settlement of
Florence Cummings claim, for per-
serial injuries, in the amount of
$2,375.00, presented and read.
Council Member Beurskens moved
that the communication be received
and filed and the claim be approved
with Finance Director to issue proper
check. Seconded by Council Member
Klauar. carried by the fo{lowing vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, De{ch,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Communications of Corporation
Counsel recommending denials of
fo{lowing claims: Personal injury claim
of LaVerne G. Peters; Personal injury
claim of Frances McDonald; Personal
Property and loss of real estate sale
claim of Edward Jaeger; Backed-up
sewer damages claims of Henry F.
Baal, presented and read. Council
Member Beurskens moved that the
communications be received and filed
and that the denials be approved.
Seconded by Council Member Klauer.
Carried by the fo{lowing vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, De{ch,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Bethany Home submitting copy of
their Annual Audit for December 31,
1982 and 1981, presented and read.
Council Member Beurskens moved
that the Audit be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Pro-Tern Kronfcldt,
Council Members Beurskens, De{ch,
Hammel. Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
City Manager submitting monthly
reports of the Finance Director and Cf-
ty Treasurer for April, 1983 presented
and read. Council Member Beurskens
moved that the reports be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, De{ch,
Halnmel, Klauer, Klaesner.
Nays--None.
Absent--Mayor Brady.
Proofs of publication on List of
Claims for month of April, 1983;
Notice of Intent to file a request for
release of funds for FDL Foods, Inc.
Capital Improvement and Renovation
Project (UDAG); Notice of Intent to
file a request for release of funds for
Dubuque Industrial Center West cai-
de-eec construction, presented and
read.
Council Member Beurskens moved
that the proofs of publications be
received and fried. Seconded by Coun-
cil Member Klauer. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, De{ch,
Hammel, Klauer, Kluesner.
Nays--None.
Abeent--Mayor Brady.
Council for KDUB-TV advising of
Motion for Extension of Time before
F.C.C. be extended for three weeks to
and including June 9, 1983, presented
and read. Council Member Beurskens
moved that the communication be
received and filed. Seconded by Coun-
cil Member Klauer. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, De{ch.
Hammel, Klauor, Kluesner.
Nays--None.
Absent--Mayor Brady.
196
R~egular Session, June 6, 1983
May 13, 1983
Honorable Mayor and
Members of the City Council
Per a written request of the City
Manager dated January 17, 1983 and
in accordance with Chapter 400 of the
198~ Code of Iowa, the Civil Service
Commission conducted written ex-
aminations on March 15, 1983 and
Physical Agility tests on April 26 and
27, 1983 for the position of Firefighter-
Entrance Level.
We hereby certify that the following
individuals have successfully passed
both the written and physical agility
tests and are hereby qualified to be
considered for the position of
Firefighter for the City of Dubuque.
Michael J. Pluemer
Ronald A. Kuehn
Thomas H. Burdt
Michael G. Knowles
Garry J. Arensdorf
Kevin R. Stevens
Todd J. Davis
Terryl E. Stewart
Joseph A. Blodgett
David M. Zude
A second list is available for cer-
tification after the above list has been
exhausted.
Respectfully submitted,
John E. Hess
Chah-person
Gerald J. Koppes
Dolores A. Reihle
Civil Service Commission
ATTEST:
Mary A, Davis
Secretary
Council Member Beurskens moved
that the communication be made a
matter of record. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Pro-Tern Kronfeidt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Communication of City Manager
submitting revised version of the draft
EIS dated January, 1980 for Dodge
St. improvomente from essentially
Bluff St. to Fremont Ave., presented
and read. Council Member Beurskens
moved that the communication be
received and flied. Seconded by Coun-
cil Member Klauer. Carried by the
following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Communication of Walter Pregier,
Chairman of the Dubuque Transit
Trustee Bd., requesting that if a
change in the Ordinance regarding
parking in bus stops is made, it include
the requirement that vehicles be out of
the bus stops prior to 5:00 a.m., and if
not, they would be towed at owner's
expense, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Communication of Human Rights
Commission Chairperson advising of
their continuing investigation of user
fees and/or the possibilities of getting
a contract with the federal govern-
ment which would reimburse them for
cases which are cross-filed at the
federal level, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Refunds Requested: James T. Clark
dJb/a Buddy's $422.50 on unexpired
Liquor License, presented and read.
Council Member Beurskens moved
that the refund be approved and
Finance Director to issue proper
check. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Delch,
Hammel, Klauer, Khiesner.
Nays--None.
Absent--Mayor Brady.
Application of American Central
Airlines, Inc. for a certificate of Public
Convenience and necessity for in-
terstate and overseas Air Transports-
tion before Civil Aeronautics Boards,
presented and read.
Council Member Beurskens moved
that the application be received and
Regular Session, June 6, 1983
197
filed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Petition of Dubuque Golf & Country
Club requesting permission to display
fireworks on July 4, 1983, at 9:15 p.m.
on the club grounds, presented and
read.
Council Member Beurskens moved
that the petition be approved and
referred to the City Mgr. for coordina-
tlon. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Communication of Sol Kessler and
Marianne Kessler submitting their
resignations from the Housing Code
Appeals Bd. and Human Bights Com-
mission respectively, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed and resignations accepted
with regret. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Khiesner.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager ad-
vising the parade route for the Scs-
qnicentendial Parade to be held on Ju-
ly 2nd, has been approved with ali par-
ties concerned, presented and read.
Council Member Beurskens moved
that the communication be received
and filed~ Seconded by Councll
Member Klauer. Carried by the follow-
big vote:
Yeas--Mayor Pro-Tern Kronfeldt,
Council Members Beurskens, Delch,
Hammel, Klau. er, Khiesner.
Nays--None.
Absent--Mayor Brady.
There being no further business,
Council Member Kluesner moved to
adjourn. Seconded by Council Member
Hammel. Carried by the following
Yeas--Mayor Pro-Tem Kronfeldt,
Council Members Beurskens, Deich,
Hammel, Klauer, Kluesner.
Nays--None.
Absent--Mayor Brady.
Mary A. Davis
City Clerk
Approved. 1983
Adopted 1983
Mayor
Council Members
ATTEST:
City Clerk
198 Special Session, June 20,1983
CITY C 0 U N C I L ] manufacturing, Proceselngor assembl'
OFFICIAL
Special Session, June 20, 1983.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council,
Members Beurskens, Delch, Haramel,
Klauer, Kluesner, City Manager W.
Kenneth Gearhart, Corporation
Counsel Harley F. Stark, Jr.
Absent--Council Member
Kronfeldt.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to set a Public Hearing
on the proposed Industrial Develop-
ment Revenue Bonds (Series 1983),
Frommelt Partnership Project and ac-
ting upon such other business which
may properly come before the Council.
Invocation was given by Msgr.
David A. Wheeler, Pastor of St.
Joseph's Church.
Communication of Attorney Leo Mc-
Carthy submitting documents pro-
riding for a Public Hearing on From-
melt Partnership Project in accor-
dance with IRS regulations, presented
and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
fofiowing vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kconfeldt.
RESOLUTION NO. 145-83
Resolution fixing a date for hearing on
proposed Industrial Development
Revenue Bonds, Series 1983 (From-
melt Partnership Project)
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, 1983, as
amended (the "Act") to issue revenue
bonds for the purpose of financing the
cost of acquiring, by construction or
purchase, land, buildings,
provoments and equipment or any in-
terest therein, suitable for the use of
any industry or industrles for the
lng of any agricultural or manufac-
tured products or of any commercial
enterprise engaged in storing,
warehousing or distributing products
of agriculture, mining or industry, or
of a national, regional or divisional
headquarters facility of a company
that does multistate business; and
WHEREAS, the Issuer has been r~
quested by Fronunelt Partnership (the
"Company"), an Iowa general partner-
ship, to issue its revenue bonds to
finance the cost of the acqulsltion by
construction or purchase of a building,
equipment and improvements suitable
for use as an approximately 163,000
square foot facility to be leased to
Frommelt Industries, Inc. (the
"Lessee") for the manufacture of
loading dock shelters, impact doors,
safety equipment (fire resistant
fabrications) and other heavy textile
products and for use as the national
headquarters of the Company and the
Lessee (the "Project") located at 4343
Chavenefie Drive in Dubuque, Iowa,
which will promote the welfare of the
Issuer and its citizens; and
WHEREAS, it is proposed to
finance the cost of the Project through
the issuance of Industrial Develop-
ment 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
the Company under a Loan Agreement
between the Issuer and the Company
the obligation of which will be suffi-
cient to pay the principal of and
redemption premium, if any, and in-
terest on the Bonds as and when the
same shah be due and payable; and
WHEREAS, before the Bonds may
be issued, it is necessary to conduct a
)ublic hearing on the proposal to issue
the Bonds, all as required and provid-
ed for by Section 419.9 of the Act;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. This Council shall meet at
the Public Library Auditorium in
Dubuque, Iowa, on the 18th day of Ju-
ly, 1983~ at Z'30 o'clock, p.m., at which
time and place a public hearing shall be
held on the proposal to issue the Bonds
referred to in the preamble hereof, at
which hearing all local residents who
Special Session, June 20, 1983
199
appear shah be given an opportunity
to express their views for or against
the proposal to issue the Bonds.
Section 2. The Clerk is hereby
directed to give notice of intention to
issue the Bonds, setting forth the
amount and purpose thereof, the time
when and place where the hearing will
be held, by publication at least once
not less than fourteen (14) days prior to
the date fixed for the hearing, in
Telegraph-Herald a newspaper
published and having a general cireula~
tion 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 18th day of July, 1983, at
Public Library Auditorium in Dubu-
que, Iowa, at 7:30 o'clock, p.m., for the
purpose of conducting a public hear-
lng on the proposal to issue Industrial
Development Revenue Bonds, Series
1983 (Frommelt Partnership Project)
of the Issuer, in an aggregate principal
amount not to exced $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
construction or purchase of a building,
equipment and improvements suitable
for use as an approximately 163,000
square foot facility to be leased to
Frommelt Industries, Inc. (the
"Lessee") for the manufacture of
loading dock shelters, impact doors,
safety equipment (fire resistant
fabrications) and other heavy textile
products and for use as the national
headquarters of the Company and the
Lessee, to be located at 4343
Chavenefie Drive in Dubuque, Iowa.
The Bonds, when issued, win 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 shah become due.
At the time and place fixed for said
public hearing all local residents who
appear will be given an opportunity to
express their views for or against the
proposal to issue the Bonds, and at the
hearing or any adjournment thereof,
the Issuer shah adopt a resolution
determining whether or not to proceed
with the issuance of the Bonds.
By order of the City Council, this
20th day of June, 1983.
Mary A Davis
City Clerk
Section 3. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Passed, and approved this 20th day
of June, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurekens moved
adoption of the Resolution. Seconded
by Council Member Kluesnec. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurekens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Communication of City Manager
submitting documents and pro-
ceedings providing for the construc-
tion of the Peru Road Water Main,
from Terrace Heights Mobile Home
Park to Kennedy Road, presented and
read.
Council Member Delch moved that
the communication be received and fi]-
ed. Seconded by Council Meml~n'
Klauer. Carried by the fo]lowing
Yeas--Mayor Brady,Council
Members Beurskens, Dcich, Hamm~l~
Klauer, Klueener.
Nays--None.
Absent--Council Member
Kronfeldt.
(Necessity for Improvement}
RESOLUTION NO. 146-83
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
merit, and an estimate of the cost for
Special Session, June 20, 1983 201
2O0
Special Session, June 20, 1983
the Peru Road Watermain.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
vlaabla and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sideration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifiea-
tions, contract or estimated cost of the
improvement, they shah be deemed to
have waived all objections thereto.
Said improvement shall be con-
strutted 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 paid
from the Water Depreciation Fund.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 20th day of
June, 1983.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved ap-
proval of the Resolution. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Preliminary Approval of Plans)
RESOLUTION NO. 147-83
BE IT RESOLVED by the City
Councri of the City of Dubuque, Iowa,
that the proposed plans, specs, etc. for
the PERU ROAD WATERMAIN in
the estimated amount of $73,746.63
ore hereby approved and ordered fried
hi the Office of the City Clerk for
public inspection.
Passed, adopted and approved this
20th day of June, 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
Members Beurskens, Delah, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
(Fixing Date of Hearing and
Authorizing Advertisement
for Proposals)
RESOLUTION NO. 148-83
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-
fice of the City Clerk for public inspec-
tion for the Peru Road Watermain,
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 18th day of
July, 1983, a public hearing will be
held at 7:30 p.m. in the Public Library
Auditorium of the City of Dubuque at
which time interested persons may ap-
pear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said ira-
provement, and the City Clerk be and
is hereby 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 Dubu-
qUe, Iowa, which notice shall not be
less than four days nor more than
twenty days prior to the day fixed for
its consideration, and unless in-
terested persons at the time of the
final consideration of the proposed
Resolution of Necessity have filed ob-
jections with the City Clerk, they shall
be deemed to have waived all objec-
tions thereto.
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
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 12th day of July, 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 18th day of July, 1983.
Passed, adopted and approved this
20th day of June, 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
Members Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Council Member Beurskens moved
to suspend the rules to allow anyone to
speak if they so desire. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady. Council
Members Beurskens, Deich, Hammel.
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Petititon of Auleen C. Eberhardt,
Director of the Catholic Mothers
Study Clubs of Dubuque, requesting
to address the Council relative to
charging fees at the Eagle Point Park,
presented and read.
Mary Hickey, 1560 Iowa, on behalf
of Mrs. Eberhardt, voiced objection to
the $1 fee to enter a vehicle to Eagle
Point Park. Council Member Klauer
moved that the petition be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Communication of City Manager re-
questing Mayor be authorized to ex-
ecute a Purchase of Services Agree-
ment with the Chamber of Commerce
for the Fiscal Year beginning July 1,
1983, covering the City's financial par-
ticipation in the Chamber's Conven-
tion and Visitor's Bureau, presented
and read.
Council Member Beurskens moved
that the communication be received
and filed and the Mayor be authorized
to execute the Agreement. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hannnai,
K~auer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Communication of City Manager
submitting Service Agreement bet-
ween the City and the Phone-A-Friend,
Inc. Information and Referral Service,
presented and read.
Council Member Hammel moved
that the conununicaU~on be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer. Khiesner.
Nays--None.
Absent--Council Member
Kronfaidt.
RESOLUTION NO. 149-83
WHEREAS, the City of Dubuque,
Iowa, has negotiated with the Phon~
A-Friend, Inc. Information and Refer-
ral Service to provide previously un-
supplied services for the expressed
purpose of aiding the City of Dubuque
meet the social and economic needs of
the low and moderate income persons
and the long term unemployed; and
WHEREAS, a copy of said Agree-
ment is hereto attached and by
reference made a part thereof;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That th~ Agreement by
and between the City of Dubuque,
Iowa, and the Phone-A-Friend~ Inc. In-
formation and Referral Service be and
the same is hereby approved,
Section 2. That the City Manager be
and he is hereby authorized and
directed to execute said Agreement for
and on behalf of the City of Dubuque,
202
Special Session, June 20, 1983
Passed, adopted and approved this
20th day of June, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskous, Deich, Hammel,
Nays--None.
Absent--Council Member
Kronfeldt.
Communication of City Manager re-
questing authorization to execute ser-
vice agreement for the Washington
Neighborhood Tool Library, Inc. for
continuation of a free tool lending
vice, presented and read.
Council Member Deich moved that
th~ communication be received and fil-
ed. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Nays--Council Member Klauer.
Absent--Council Member
Kronfeldt.
RESOLUTION NO. 150-83
WHEREAS, the City of Dubuque,
Iowa has negotiated with the
Washington Neighborhood Tool
Library, Inc. to provide services for
the expressed purpose of aiding the Ci-
ty of Dubuque to maintain its housing
stock, and aid ih the prevention of
slum and blight in areas of
low/moderate income persons; and
WHEREAS, a copy of said Agree-
ment is hereto attached and by
reference mede a part thereof;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Agreement by
and between the city of Dubuque, Iowa
and the Washington Neighborhood
Tool Library, Inc. be and the same is
hereby approved.
Section 2. That the City Manager be
and he is hereby authorized and
directed to execute said Agreement for
and on behalf of the City of Dubuque,
Passed, adopted and approved this
20th day of June, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Bearskens. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Delch, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Communication of City Manager re-
questing authorization for the Mayor
to execute an Agreement with the
Dubuque Humane Society to provide
animal shelter services for the City for
the year beginning July 1, 1983,
presented and read,
Council Member Beurskens moved
that the commun~catlon be received
and filed and the Mayor to execute the
Agreement. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Nays--Council Member Klauer.
Absent--Council Member
Kronfeldt.
Communication of City Manager r~
questing to file application for Com-
munity Development "Emergency
Jobs Bill" funds with HUD, presented
and read.
Council Member Klauer moved that
the communication be received and fil-
ed. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady,Council
Members Beurskens, Deizh, Hammel,
Nays--None.
Absent--Council Member
Kroufoldt.
RESOLUTION NO. 151-83
Authorizing the Filing of a Program
Special Session, June 20, 1983
203
Statement for a Community Develop-
ment Block Grant for the City of
Dubuque
WHEREAS, the City of Dubuque is
entitled to participate in the Com-
munity Development Block Grant
"Jobs Program" authorized under the
provisions of Title I of the Housing
and Community Development Act of
1974, as amended; and
WHEREAS, the City of Dubuque
has been declared eligible for funding
hi the amount of $292,000 commenc-
ing July 1, 1983; and
WHEREAS, the Community
Development Block Grant Statement
has been development so as to give
maximum feasible priority to ac-
tivities which will benefit low and
moderate income persons, aid in the
prevention or elimination of slums and
blight, benefit the unemployed and the
needy, and maximize creation of new
employment opportunities for the long
term unemployed; and
WHEREAS, the City of Dubuque
has provided the citizens of the com-
munity with opportunities to comment
on the Program Statement;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the filing of a Pro-
gram Statement for participation in
the Community Development Block
Grant "Jobs Program" is hereby ap.
proved, and the Mayor of the City of
Dubuque is hereby authorized and
documentation on behalf of the City of
Dubuque.
Section 2. That the City Manager is
hereby authorized and directed to sub-
mit in the required number of copies,
the executed Statement of Intent to
the U.S. Department of Housing and
Urban Development and other ap-
propriate agencies together with such
other dovuments evidencing the ap-
proval and authorizing the execution
and implementation of such Statement
of lntont as may be required,
Passed, adopted and approved this
20th day of June, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Communication of City Manager re-
questing authorization to publish
notice for Environmental Review Fin-
dings for projects to be funded under
the "Jobs Bills" Act, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Delch, Hammel,
Klouer, Khiesner.
Nays--None.
Absent--Council Member
Kronfeldt.
RESOLUTION NO. 152-83
A Resolution Authorizing Publication
of Notice of Environmental Review
Findings for Certain Community
Development Block Grant Projects
WHEREAS, the City of Dubuque is
proposing to enter into a Grant Agree-
ment commencing July 1, 1983 with
the U.S. Department of Housing and
Urban Development, providing for
financial assistance to the City under
the "Jobs Bill" Act; and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Ur-
ban Development an environmental
review has been processed for the pro-
ects hereinafter described to be
financed with Community Develop-
ment "Jobs Bill" funds; and
WHEREAS, an ad hoc Environmen.
tal Review Committee has after due
consideration made a determination
that the projects are not a major
Federal action significantly affec~ng
the quality of the human environment;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
204
Special Session, June 20, 1983
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the City Clerk be and
she is hereby authorized and directed
to publish a Notice of Finding of No
Significant Effect on the Environment
for the following identified projects,
and to make the Environmental
Review Record for said projeetz
available for public inspection, Such
Notice shall be in the form of Exhibit
"A" attached hereto and made a part
hereof
Housing Rehabilitation Loan Program
Miscellaneous Public Improvements
("Jobs Now")
Removal of Architectural Barriers
Economic Development Activities
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of July 5,
1983, authorizing the submission of a
request to the U.S. Department of
Housing and Urban Development to
undertake the projects.
Passed, adopted and approved this
20th day of June, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Bcarskens moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Nays--None.
Absent--Council Member
Kronfeldt.
Communication of City Manager
submitting Ordinance authorizing car-
tification of delinquent charges for
water services to County Auditor,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Vote on the motion
Yeas--Council Members Beurskens~
Hammel, Klauer, Klueener.
Nays--Mayor Brady, Council
Member Deich.
Absent--Council Member
Kronfeldt.
MOTION FAILED.
An ORDINANCE Amending the
Code of Ordinances of the City by
enacting a new sub-section (d) to Sec-
tion 36-164 thereof providing for the
assessing of delinquent Water Ser-
vices Charges, presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance, that the rule requiring an Or-
dinance to be presented and read at
two meetings prior to the meeting
when final action is taken, be dispens-
ed with, and final adoption of the Or-
dinance. Seconded by Council Member
Klauer. Vote on the motion was as
follows:
Yeas--Council Members Beurskens.
Hammel, Kluesner.
Nays--Mayor Brady. Council
Members Deich, Klauer.
Absent-Council Member Kronfeldt.
MOTION FAILED.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kluesner. Vote on the motion was as
follows:
Yeas--Council Members Beurskens,
Hammel, Kluesner.
Nays-Mayor Brady, Council
Members Delch, Klauer.
Absent-Council Member Kronfeldt.
MOTION FAILED.
Communication of City Manager re~
questing adoption of Supplement -17
to the Code of Ordinances, presented
and read.
Council Member Klauer moved that
the communication be received and ill-
ed. Seconded by Council Member
Beurskens. Carried by the following
voto:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesnar.
Nays--Nona.
Absent--Council Member
Kronfeldt.
RESOLUTION NO. 153-83
Adopting Supplement Number 17 to
the Code of Ordinances of the City of
Dubuque, Iowa
WHEREAS, under date of
November 16, I983, the City Council,
pursuant to Ordinance 63-81,
readopted the Code of Ordinances of
the City of Dubuque for ordinances
adopted up to and including March 10,
Special Session, June 20, 1983
2O5
1981; and
WHEREAS, since March 10, 1981
the City Council of the City of Dubu-
que, Iowa, has adopted certain or-
dinances amending the Code of Or-
dinances and said amendments have
been printed as supplements to the
Code of Ordinances.
WHEREAS, Section 380.8 of the
Code of Iowa provides that sup-
plements, by resolution, become part
of the Code of Ordinances.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE
IOWA:
Section 1. That Supplement No. 17 to
the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Dubuque, Iowa, up to and through
March 21, 1983, printed by the
Municipal Code Corporation,
Tallahassee, Florida, hereto filed in the
office of the City Clerk of the City of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Passed, adopted and approved tMs
20th day of June, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskena. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klanar, Klueener.
Nays--None.
Absent--Council Member
Kronfeldt.
Communication of Planning and
Zoning Commission approving final
plat of "Evelyn Tharp Place" in
Mineral Lot 324 located on Peru Road
northeast of Monroe Avenue,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady,Council'
Members Beurskens, Delch, Harnmel,
Kinesner.
Nays--Council Member Klauer.
Absent--Council Member
Kronfeldt.
RESOLUTION 154~83
A Resolution Approving the Plat of
the Subdivision of Lot 1, Lot 2, Lot 3
and Lot 4 of "Evelyn Tharp Place" in
Mineral Lot 324 in the City of Dubu-
que, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of Lot 1, Lot
2, Lot 3 and Lot 4 of "Evelyn Tharp
Place" in Mineral Lot 324 in the City
of Dubuque, Iowa; and
WHEREAS, said plat has been ex-
arnined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereon; and
WHEREAS, said plat has been ex-
amlned by the City Council, and the
City Council finds that the same con-
forms to statutes and ordinances
relating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE
IOWA:
Section 1. That the plat of Lot 1, Lot
2, Lot 3 and Lot 4 of "Evelyn Tharp
Place" in Mineral Lot 324 in the City of
Dubuque, Iowa be and the same is
hereby approved, and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said pla~
Passed, adopted and approved this
20th day of June, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the renewing vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klanar, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
City Manager requesting acceptance
of an Offer of Grant in an amount not
to exceed $438,200 to the City from
Economic Development Administra-
2O6
Special Session, June 20, 1983
tion, presented and read.
Council Member Hammel moved
that the Offer of Grant be approved
and authorized Mayor to execute
same. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady,Councll
Members Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Mayor Brady submitted the sum-
mary on evaluations of appointed of-
ficlals, specifying that City Clerk
Mary A. Davis earned a 2.53 on the
eight items of evaluation, out of a
possible 3.0, that Corporation Counsel
Harley F. Stark, Jr. earned a 1.82 on
eight items of evaluation out of a
possible 3.0 and that City Manager W.
Kenneth Gearhart earned a 2.44 on ten
items of evaluation out of a possible
3.0. Council Member Beurskens rosy-
ed that they schedule the Agenda
Item concerning the appointed Staff's
Contract on the same night as the
Parking Meter Audit. Seconded by
Mayor Brady. Carried by the following
Yeas--Mayor Brady,Council
Members Beurskens,
Hammci,Kluesner.
Nays--Council Member Deich,
Klauer.
Absent--Council Member
Kronfeldt.
RESOLUTION NO. 155-83
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that the following having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and cigarette Papers
within said City.
Astgen's Foods Ltd
1t01 Rhomberg Ave.
Hurdet J. Ginter
1545 S. Grandview Ave.
Earl E. Schumacher
2204 Central Ave.
Trane-Miss Investments, Inc.
2335 University Ave.
Dick Albert
3200 Central Ave.
William J. Baum
500 Rhomberg Ave.
James J. Birkett
55 Locust St.
Joseph F. Blelle
2600 Central Ave.
Earl G. Corbett
408 W. Locust St.
Nelda L. Doty
1091 Main St.
Dubuque Golf & Country Club
Randall Place
Mike Finnin Ford, Inc.
3600 Dodge St.
Curtis Gerhard
2186 Central Ave.
Grandview Drug Co.
486 N. Grandview Ave.
Clair Haas
2617 University Ave.
Heron, Inc.
709 University Ave.
Hiatt and Schroeder Tap, Inc.
2401 Windsor Ave.
David H. Hoffman
450 West Locust St.
Holiday Oil Diet, Inc.
605 Dodge St.
Holiday Oil Dist, Inc.
400 Rhomberg Ave.
Holiday Oil Dist., Inc.
14th and Central Ave.
Holiday Oil Dist., Inc.
1685 J. f. Kennedy Rd.
Michael T. Hopkins
1604 Central Ave.
J. D. Street & Co., Inc.
55 J. F. Kennedy Rd.
Wilfred Kennedy
3453 Jackson St.
Elizabeth M. Krajnovich
342 West 8th St.
John Latimer & Chuck Noel
1450 Loras Blvd.
Vincent Mescber
1233 Rhomberg Ave.
William J. & James D. Murphy
139 Locust St.
John W. Noonan
1618 Central Ave.
David J. Nowack
1007 Main St.
Judy O'Connell
504 Central Ave.
Perkins Restaurants, Inc.
3500 Dodge St.
Joseph Poller
2612 Dodge St.
Pride Service Inc.
2175 Central Ave.
Special Session, June 20, 1983
Pride Service, Inc.
280 Locust St.
Judith M. Sandidge
1301 Rhomberg
Wayne A. Scbellmeyer
176 Locust St.
Earl E. & E. Thomas Schumacber
250 West First St.
Patricla Lombardi Schuster
Point Marina
Dorothy Shaffer
1103 Iowa St.
Linda L. Sheldon
1399 Jackson St.
Melvin A. Spiegelhniter
1029~ Main St.
Earl Tegeler
2311 Windsor Ave.
Earl Tegeler
620 S. Grsndview Ave.
David Ungs
2987 Jackson St.
Walgreen Co.
555 J. F. Kennedy Drive
Linda Sinnard Walsh
2245 J. F. Kennedy Rd.
Dick Zee Wuag
378 Main St.
Dubuque Building
Town Clock Plaza
Dubuque Municipal Airport
RR 2
Enka Co.
2400 Karper Blvd.
Hoffman House Restaurant
3100 Dodge St.
W. C, Ward
1876 Csntral Ave.
American Leglua
1306 Delhi St.
Apartmsuts Ltd.,
Kennedy Mall
Paul E. Anthony
1185 Dud6s St.
Bakehmd Donut Shops
1675 Kennedy Rd.
Robert Barton
1400 White St.
Daniel Bauer
351 Dodge St.
Benevolent & Protective Order of Elks
2699 Kennedy Rd.
Wayne & Judy Botsford and Ronald &
Dona Ollngar
1027 Rhombsrg Ave
Mike Bower
1064 University Ave.
Donald Brimeyer
1002 Rhomberg Ave.
Dennis Meyer
Bunker Hill Road
Carol Burchette Phyllis Dunne
1400 Central Ave.
Rita Clancy
201 E, 22nd St.
Clarke College
1550 Clarke Drive
William F. Dunne
Jones & Locust St.
Douglas Fink & Richard Pitz
700 E. 16th St.
Douglas Fink & Richard Pitz
2119 Rhomberg Ave.
Carol Fortmann
2327 Central Ave.
Fraternal Order of Eagles
1175 Century Drive.
Donna M. ointer
1701 Asbury Rd.
Marco Gdinta
2022 Central Ave.
James W. Goetzlnger
2776 Jackson St.
Earl R. & Mary Leu Haferbecker
1401 Elm .St.
Holiday Inns, Inc.
1111 Dodge St.
Howard Johnson Co.
50 J. F. Kennedy Rd.
Sam Jasari
2260 J. F. Kennedy Rd.
James Kachevas
665 Dodge St.
Robert J. Kehl
2nd Street Harbor
Bakeland Donut Shops
2900 Central Ave.
Bnkaiand Donut Shops
607 E. 22nd St.
Beverly Lateen
3050 Asbury Rd.
Milton Marty
5th and Locust St.
Mike McCann
690 W. Locust St.
Noreen Millman
601 Rhomberg Ave.
Mi-Lo Associates
3100 Dodge St.
· MiNa, Inc.
2620 University Ave.
Moracco Supper Club
1413 Rockdale Rd.
207
2O8
Special Session, June 20, 1983
1933 Inc.
225 West 6th St.
Dave and Joanna Oberhroeckling
2660 Dodge St.
Mary Poire
Highway 20 West
Ponderosa Systems, Inc.
2035 Kennedy Rd.
Randall's Foodarama
3500 Dodge St.
Randall's Foodarama '2
2013 Central Ave.
Redstone, Inc.
504 Bluff St.
Delores Roeth
600 Central Ave.
Sears-Roebuck Co.
300 S. Locust St.
Francis J. shanahan
2480 University Ave.
Daniel and Thomas Smith
2417 Rhomberg Ave.
Steve Smith
1105 University Ave.
Steve Smith
1585 Delhi St.
Steve Smith
2418 Central Ave.
Robert Spiegelhalter
2364 Washington St.
Target Stores Inc.
Warren Plaza
Town Clock Inn,
Town Clock Plaza
Tri-Stete Independent Blind Society
1098 Jackson St.
Jerry Turner
925 Century Drive
Village Investments
1940 J. F. Kennedy Rd.
Brian Vincent
3305 Asbury Road
Jack's Tap
2093 Washington St.
Zayre Snack Bar Corp.
255 J. F. Kennedy Rd.
Ronald Waters
3201 Jackson St.
Passed, adopted and approved this
20th day of June, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Delch, Hammel,
Nays--None.
Absent--Council Member
Kronfeldt.
Dubuque Invitational Softbali Tour-
nament requesting to transfer their
Class "B" Beer Permit to McAleece
Field on July 2nd thru July 10th
(Kiwanis Tournament), presented and
Council Member Klauer moved that
the transfer be approved. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Nays--None.
Absent--Council Member
Kronfeldt.
RESOLUTION NO. 155A-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 ac-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have flied
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-
plicante a Beer Permit.
CLASS "B" BEER PERMIT
Catherine M. Meyer
530 E. 22nd St.
Pusateri Bros. Inc.
2400 Central Ave.
Peter J. Oeth & Dennis J. Sloway
1895 J. F. Kennedy
(Also Sunday Sales)
Nites of the Square Table, Inc.
Marshall Park
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Harriet J. and Nancy E. Ginter
1545 S. Grandview
(Also Sunday Sales)
Special Session, June 20, 1983
2O9
John George Miller, Sr.
Riverview Park
(Also Sunday Sales)
Revco Discount Drug Centers of Iowa,
Warren Plaza
(Also Sunday Sales)
Earl E. and Thomas Schumacher
250 West 1st
(Also Sunday Sales)
J. D. Streett & Co., Inc.
55 J. F. Kennedy
(Also Sunday Sales)
Heinz Convenience Stores, Inc.
3301 Pennsylvania
(Also Sunday Sales)
Passed, adopted and approved this
20th day of June, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
RESOLUTION NO. 155B-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 fonowing named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
American Legion Post 6
1306 Delhi St.
Creslanes, Bowling, Inc.
255 S. Main St.
{Also Sunday Sales)
Fischer & Company, Inc.
880 Locust St.
(Also Sunday Sales)
709 University Ave.
Wilfred Kennedy
34th and Jackson ST.
Elizabeth Krajnovich
342 West 8th St.
Kenneth J. Love
802 Central Ave.
Eugene Otting
1689 Elm St.
Riverside Bowl, Inc.
1860 Hawthorne St.
(Also Sunday Sales)
Dolores E. Roeth
600 Central Ave.
John L. Savary
827 Dodge St.
Wayne Paul Schollmayer
176 Locust St.
(Also Sunday Sales)
Daniel, Thomas, & Janice Smith
2417 Bhomberg Ave.
Melvin A. Spiegelhalter
1029 Main St.
Ronaid Waters
3201 Jackson St.
Passed, adopted and approved this
20th day of June, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Printed Council Proceedings for the
month of February, 1983, presented
for approval. Council Member Klauer
moved that the proceedings be approv-
ed as printed. Seconded by Councli
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens. Deich, Hannnel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
210
Special Session, June 20, 1983
MINUTES SUBMITTED: Cable
Regulatory Comm. of 6-8; Civil Service
Comm. of 4-25 and 5-3; Community
Development Comm. of 5-23 & 6-7;
Historic Preservation Comm. of 4-18
and 5-31; Plumbing Bal. of 5-26; Tran-
sit Bd. of 5-12 and Earning Statement
for month of May, 1983; Cable Com-
munity Teie.Programming Comm. of
6-7; Public Library of 5~17; Airport
Comm. of 6-7; Planning and Zoning
Comm. of 6-1, 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
Members Beurskens, Deich, Hammel,
Nays--None.
Absent--Council Member
Kronfeldt.
NOTICES OF CLAIMS: Atty.
Larry Kurt, on behalf of Edward
Jaeger, for damages resulting from
backed-up sewer; Herbert L, McClean,
in est. amt. of $1,073,38 for car
damages; Freida McConnell, in amt. of
$193.06 for car damages; Atty. Paul
Fitzeimmons, on behalf of Jacqueline
Rose, in amt. of $1,000 for physical
and emotional harm damages; Thomas
J. Bertjens, in unknown amt. for per-
serial injuries; Michael McMahan, in
unknown amt. for property 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 Beurskens. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Counsel for KDUB-TV advising of
Extension of Time, before F.C.C. in
order to incorporate recently received
additional material into its pleading,
presented and read.
Council Member Klauer moved that
it be received and filed. Seconded by
Council Member Beurskens. Carried
by the foilowing vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Nays--None.
Absent--Council Member
Kronfeldt.
Connnunication of Iowa D.O.T, ad-
vising of Public Hearing to be held by
them on July 12 at 7:00 P.M. at Five
Flags Center, on the proposed im-
provement of U.S. 20 between Concord
St. and the proposed U.S. 61 connec-
tion in Dubuque, presented and read.
Council Member Klauer moved that
the communication be received and fil-
ed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Nays--None.
Absent--Council Member
Kronfeidt.
Communication of Attorney Joseph
Bitter, on behalf of Jed Klabei, re-
questing a remedy to filling positions
for Bus Drivers in connection with
Chapter 400 of the State Code of Iowa
AND Communication of Corporation
Counsel Stark submitting response to
request of Mr. Bitter, presented and
read.
Council Member Deich moved that
the communications be received and
filed. Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady,Council
Members Beurskous, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeidt.
City Manager submitting reports of
the Finance Director and Deputy
Finance Directo~; for the month of
May, 1983, presented and read.
Council Member Klouer moved that
the reports be received and filed.
Seconded by Council Member Beur-
skens. Carried by the foilowh~g vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner. Nays--None.
Absent--Council Member
Kronfeldt.
Jaycees requesting to hold
Fireworks on July 4th at Veteran's
Memorial Park, presented and read.
Council Member Klauer moved that
the request be approved, subject to
the implementation Of the City
Special Session, June 20, 1983
Manager. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammei,
Klauer, Kluesner.
Nays--None.
Absent--Council Member
Kronfeldt.
9:23 P.M. Council Member Klauer
moved to go into Closed Session to
discuss with Counsel matters of pen-
ding litigation. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskous, Deich, Hammel,
Klauer, Kluesnec.
Nays--None.
Absent--Council Member
Kronfeldt.
9:39 P.M. Council Reconvened --
Direction had been given to the Legal
Staff on pending litigation.
There being no further business,
Council Member I-Iammel moved to ad-
journ. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Kluesner.
Nays--None.
Absent--Council Members
Klauer and Kronfeidt.
Mary A. Davis
City Clerk
Approved 1983
Adopted 1983
Mayor
Council Members
ATTEST:
City Clerk
211
212 Special Session, June 25,1983 Special Session, June 29, 1983 213
CITY COUNCIL
OFFICIAL
Speclal Session, June 25, 1983.
Council Met at 9:00 A.M. in the City
Hall Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klanar, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
peration 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 DISCUSS CON-
TRACTS FOR COUNCIL APPOINT-
ED STAFF.
Council Member Kluesner moved to
renew contracts as they are, (for City
Manager W. Kenneth Gearhart and
Corporation Counsel Harley F. Stark,
Jr. as is). Seconded by Council
Member Deich. Discussion followed
between Council Members and Council
Member Hammel questioned if both
contracgs are included with motion.
Affirmation answer. Vote on the mo-
tion was as follows:
Yeas--Mayor Brady, Council
Members Deich, Klauer, Khiesner.
Nays--Council Members Beurskens,
Hammel, Kronfeldt.
There being, no further business,
Council Member Hammel moved to ad-
journ. Seconded by council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
FAauer, Kluesner, Kronfeldt.
Nays--None,
Gerald Petersen of Dee Gosling Inc.
reviewed Parking Audit with members
of Council and Staff following
meeting.
Mary A. Davis
City Clerk
Approved. 1983
Adopted 1983
Mayor
Council Members
ATTEST:
City Clerk
CITY COUNCIL
OFFICIAL
Special Session, June 29, 1983.
Council Met at 5:15 P.M. in the City
Hall Council Chambers.
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 DISCUSS CON-
TRACTS FOR COUNCIL APPOINT-
ED STAFF.
A motion that W. Kenneth
Gearhart's contract be renewed from
January 1, 1985 to December 31, 1985
was made by Council Member Ham-
mel and seconded by Council Member
Beurskens. Following discussion the
motion was withdrawn.
Discussion followed as to purpose of
meeting.
Council Member Harnmel moved
that the contract with Mr. Stark, the
Corporation Counsel, be terminated el-
fective July 1, 1983. Seconded by
Council Member Beurskens. No Roll
Call Taken.
Council recessed at 5:28 P.M.
Reconvened in regular session at
5:38 P.M.
Following discussion on proper pro-
cedures on Robert's Rules of Order
and motions made, Council Member
Hammel moved to amend his original
motion to be "Harley F. Stark be
discharged from city employment ef-
fective July 1, 1983". Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Council Members Bnarskens,
Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Members Deich, Klauer.
There being no further business
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Hammel, Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurekens, Deich, Hammel,
Klauar, KInasnar, Kronfeldt.
Nays--Nona.
Mary A. Davis
City Clerk
Approved 1983
Adopted
Mayor
Council Members
ATTEST:
City Clerk
_1983