1983 July Council ProceedingsRegular Session, July 4, 1983
215
CITY COUNCIL
OFFICIAL
Regulal' Session, July 4, 1983.
Council Met at 7:30 P.M., in the City
Hall Council Chambers.
No Members of the Council being
present, meeting was adjourned sub-
ject to chll.
Mary A, Davis
City Clerk
Approved__ .1983
Adopted .1983
Mayor
Council Members
ATTEST:
City Clerk
216
Regular Adjourned Session, July 5, 1983
CITY COUNCIL
OFFICIAL
Regular Adjourned Session, July 5,
1983.
Council Met at 7:30 P.M., in the City
Hall Chambers.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Assis-
tant City Attorney Wm. G. Blum.
Mayor Brady read the call and
stated this Meeting is an Adjourned
Session of the Regular Session of July
4, 1983, called for the purpose to act
upon such business which may proper-
ly come before the Council.
Invocation was given by Father
Thomas Vos of Holy Trinity Catholic
Church.
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Hummel Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None
Proof of publication, certified to by
the Publisher, on Notice of Pendency
of Resolution of Necessity for con-
struction of Liberty Ave. Sanitary
Sewer, AND Certificate of City Clerk
certifying notices were sent to hnown
property owners for above project on
June 17, 1983, presented and read.
Council Member Beurskens moved
that the proof and certificate be receiv-
ed and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hannne[,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Petition of Arvid G. Nelson objec-
ting to above improvement, presented
and read.
Council Member Beurskens moved
that the petition be received and fried.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Walter Henry of Sheridan Road
questioned connecting sewer with
Per~ Rd. as Sheridan Road residents
should not have to pay for this project.
James Lunge, 935 Liberty, and
JoAnn Pickel, 924 Liberty, stressed
the need of getting the sewer on Libor-
ty Ave.
Dorothy Olsen, 913 Liberty, ob-
jected to the lay-out of the proposals,
stating it should have been done more
fairly.
Keith Anglin, 919 Liberty, objected
to water assessment of last year, now
this sewer, and probably soon, a street
Petition of Arvid G. Nelson objec-
ting to above improvement, presented
and read.
Council Member Beurskens moved
that the petition be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady,Council
Members Beurskens, Delch, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Necessity For Improvement
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 Liberty 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 time of the final con-
sideration of this proposed resolution
have on file with the City Clerk objec-
tlons to the resolution of necessity,
they shall be deemed to have waived
all objections pertaining to the
regularity of the proceeding and the
legality of using the special assess-
ment procedure.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
assessed partially or totally against
Regular Adjourned Session, July 5, 1983 217
privately owned properly 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 shall
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 con-
tract has been performed and ac-
cepted, and the proceeds thereof used
to pay the contractor.
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.
Rhonda M. Kronfeldt
Mayor Pro-Tern
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 5th day of July,
1983.
James E Brady
Mayor
Certificate of Clerk
It is hereby certified that at the time
set for the final considecation of the
above resolution no remonstrance had
been filed with the Clerk signed by
owners subject to seventy-five percent
or more of the amount of the proposed
Mary A. Davis
City Clerk
Council Member Beurskens moved
final adoption of the Resolution.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
De~ision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 156-83
WHEREAS, proposed plans and
specifications and form of contract for
the Liberty Avenue Sanitary Sewer
have been approved by the City Coun-
cil of the City of Dubuque and public
notice given as provided by the Code
of Iowa pertaining to public contracts
and bonds, and the time and place fix-
ed for the hearing of ail objections to
said plans, specifications or contract
for or cost of such improvements, said
time being this 5th day of July, 1983;
and
WHEREAS, the City Council met in
adjourned regular session this 5th day
of July, 1983, at 7:30 p.m. at the City
Council Chambers for the purpose of
hearing all interested parties and con-
sidering any and all objections which
have been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described and
proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED BY THE city council of
the City of Dubuque, that all objec-
tions which have been made and fried
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
5th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
218
Regular Adjourned Session, July 5, 1983
(Ordering Construction)
RESOLUTION NO. 157-83
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a resolution of
necessity No. 128-83 winch was duly
passed by tins Council for the Liberty
Avenue Sanitary Sewer be and the
same are hereby ordered and con-
structed by tins Council upon its own
motion and with or without the peti-
tion of property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of making
said improvement will be assessed par-
tinily or totally against privately own-
ed property lying within the assess-
merit limits, and in an amount not to
exceed that provided by law, and in
proportion to the special benefits con-
ferred. The portion of the cost winch
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 defer-
red payments of assessments when a
contract has been performed and ac-
eepted and the proceeds thereof used
to pay the contractor.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the constructinn of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, winch
notice shall not be less than four nor
more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
on the 26th day of July, 1983. Bids
shall be opened and read by the City
Clerk at said time and will be submit-
ted to the Council for final action at a
meeting to be held at the City Council
Chambers at 7:30 p.m. on the 1st day
of August, 1983.
BE IT FURTHER RESOLVED
that tins 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 tins
5th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfaldt. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Pendency
of Resolution of Necessity for con-
struction of 1983 Asphalt Paving Prc-
ject consisting of: Asbury Rd. from
Univeralty Ave. to St. Ambrose St.,
Asbury Rd. from St. Ambrose St. to
Clarke Dr., Asbury Rd. from Criasy
Dr. to Carter Rd., Bradley St. from
Randall St. to Henderson St., Chancy
Rd. from Penn. Ave. to Hdlcrest Rd.,
Clarke Dr. from Asbury Rd. to W.
Locust St., Dodge St. from Bluff St. to
Grandview Ave., Grundview Ave.
from Ungs St. to Kaufman Ave., 9th
St. from Bluff St. to Hill St., Parking
Lot at the northwest corner of Central
Ave. & 12th St., Parking Lot at Eagle
Point Park, Parking Lot at the
southwest corner of Bluff St. & llth
St., Parking Lot at Flora Park, Park-
ing Lot between Central Ave. & Iowa
St. from 9th to 10th Sts., Parking Lot
on the north side of 9th St. between
Bluff St. to University Ave., Penn.
Ave. from JFK Rd. to Lenox Ave.,
Stewart St. from Delhi St. to Universi-
ty Ave., Winne Ct. between Hlllcrest
Rd. and the south side of the street
AND Certificate of City Clerk certify-
lng notices were sent to known proper-
ty owners for above project on June
17, 1983, presented and read.
Counc'd Member Beurskens moved
that the proof of publication and cer-
tificate be received and filed. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petitions from Classia Hoyle, objec-
ting to street improvement on Asbury
Rd. from WPL of Carter Rd. to WPL
Crissy; Petition of Albert Stokeeberry
objecting to Stewart St. assessment;
Petition of John A. Lyness et al (59
signers) objecting to rehabilitation
work on Clarke Dr. from Asbury Rd.
to W. Locust St, Petition of 60 proper-
ty owners objecting to construction of
street improvements on Asbury Rd.
Regular Adjourned Session, July 5, 1983 219
from WPL of Carter Rd. to WPL of
Crissy Dr., presented and read. Coun-
c~l Member Beurskens moved that the
petitions be received and filed. Second-
ed by Council Member Klauer. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Dcich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petitions of Marcalia A. Schmaltz
objecting to assessment costs for
Clarke Dr. from Asbury Rd. to W.
Locust; St. Anthony's Church objec-
ting to resurfacing of Clarke Dr. bet-
ween Asbury Rd. and West Locust St.
Petition of Raphael J. Musicus objec-
ting to assessment on Asbury Rd.
from WPL Carter Rd. to WPL Crissy
Dr.; Petition containing approx. 60
signers objecting to proposed assess-
ment to Penn. Ave. from .JFK to
Lenox, University of Dubuque objec-
ting to assessments on Clarke Dr.
from Ashnry Rd. to W. LOcust St.,
presented and read.
Council Member Beurskens moved
that the petitions be received and ~ed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfcidt.
Nays--None.
Asbury Rd. from University Ave. to
St. Ambrose
Bob Beecher, Gene Kopp, Rick
Dryer, Don Lochner, Bill Ginter,
Denise Schmit, Garland Lynch,
Sharon Chapmen, Paul Fahey, Ken
Cook, and Veca Terry, all property
owners on Ashnry, objected to the pro-
posed assessments.
Council Member Beurskens moved
to include Asbury Rd. from University
Ave. to St. Ambrose St. in the 1983
Asphalt Paving Project. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klueener, Kronfeldt.
Nays--Council Member Klauer.
Asbury Rd. from Crissy Dr. to
Carter Rd.
Jim Gloor, Jeff Haas, Jim Arlen,
Ambroee Herkes, Phil Powers, and Ann
Krapfl, all property owners on Asbury,
objected to the pressed assessments.
Council Membe~ ilBeurskens moved
to include Asbury~Rd. from Criasy Dr.
to Carter Rd. in the 1983 Asphalt Pay-
lng Project. Seconded by Council
Member Kronfeldt. Vote on the mo-
tlon was as follows:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Kronfcidt.
Nays--Mayor Brady, Council
Member Deich.
Abstain--Council Member Kiauer.
MOTION FAILED.
Bradley St. from Randall St. to
Henderson St.:
No objections -- written or oral.
Council Member Kluesner moved to
include Bradley St. from Randall St. to
Henderson St. in 1983 Asphalt Paving
Project. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Chancy Rd. from Penn. Ave. to
Hillcrest Rd.
No objections -- written or oral.
Council Member Hammal moved to
include Chaney Rd. from Penn. Ave. to
Hincrest Rd. in 1983 Asphalt Paving
Project. Seconded by Council Member
Klueener. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Clarke Dr.:
John Lynees, Father Levenhagen on
behalf of St. Anthony's Catholic
Church, Jerry Juergens, Vince Jestice,
Richard Davis, Merwin Rupp, and
Larry Pope, all property owners
relative to Clarke Dr., objected to the
proposed assessments.
Council Member Beurskens moved
that Clarke Dr. from Asbury Rd. to W.
Locust St. be included in the 1983
Asphalt Paving Project. Seconded by
Council Member Kronfeldt. Vote on
the motion was as follows:
Yeas--Council Members Beurskens,
Kronfeldt.
Nays--Mayor Brady, Council
Members Deich. Hammel, Klauer,
Kluesner.
MOTION FAILED.
Pennsylvania Ave.
Randy Nigg, Attorney for some peti-
tioners, Jim Fleckenstein, Vince Roi-
lng, Pat Scinarmann, Richard Conzett,
220
Regular Adjourned Session, July 5, 1983
objected to proposed assessment(s).
Council Member Beurskens moved
to include Pennsylvania Ave. from
JFK to Lenox Ave. in the 1983 Street
Program. Seconded by Council
Member Kronfeidt. Vote on the mo-
Yeas--Cenneil Members Beurskens,
Hammel, Kronfeidt.
Nays--Mayor Brady, Council
Members Deich, Klauer, Kluesner.
MOTION FAILED.
Stewart Street:
Bob Hartig objected to proposed
Council Member Hanunei moved to
include Stewart St. from Delhi St. to
University Ave. in the 1983 Street
Program. Seconded by Council
Member Klueener. Carried by the
following vote:
Yeas--Mayor Brady, Council
Mer~bers Beurskens, Deich, ~Iammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
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 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
agulnst 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-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless property
owners at the time of the final con-
cjderation of this proposed resolutien
have on ~a with the City Clerk objec-
tions to the resolutlon of necessity,
they shall ha deemed to have waived
all obj,ectione pertaining to the
regularity of the proceeding and the
legality of using the special assess-
ment procedure.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the city Coun-
cil and are now on file with the City
Clerk, That the cost and expense of
making said improvement will be
assessed partially or totally against
privately owned property lying within
the assessment limits, and in an
amount not to exceed that provided by
law, and in proportion to the special
benefits conferred.
The portion of the cost which shall
be borne by the city will be paid from
the Road Use Tax Fund. the parking
Construction Fund, and the Federal
Revenue Sharing Fund, and special
assessment bonds may be issued in an-
ticipation of deferred payments of
performed and accepted, and the pro-
ceeds thereof used to pay the contrac-
tot.
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.
Rhonda M. Kronfeidt
Mayor Pro-Tern
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 5th day of July,
1983.
James E. Brady
Mayor
Council Member Krunfeldt moved
final adoption of the Resolution, as
amended. Seconded by Council
Member Benrskens. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammei,
Khiesner, Kronfeldt.
Nays--Council Member Klauer.
RESOLUTION NO. 158-83
Resolution Amending Resolution No.
125-83.
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa:
Section 1. That Resolution No.
125-83, being the Resolution of
Necessity for the City of Dubuque 1983
Asphalt Paving Project, be and the
same is hereby amended by deleting
the following portions of the following
named streets therefrom:
Asbury Road from W.P.L. of Carter
Road to W.P.L. of Crlssy Dr.
Clarke Drive from Asbury Road to
Regular Adjourned Session, July 5, 1983 221
West Locust Street.
Pennsylvania Avenue from J. F.
Kennedy Read to Lenox Avenue.
Passed, adopted and approved this
5th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Couneil Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
rlad by the following vote:
MY/cas--Mayor Brady,Council
embers Beurskene, Deich, Hannnel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 159-83
WHEREAS, proposed plans and
specifications and form of contract for
the 1983 Asphalt Paving Project have
been approved by the City Council of
the city of Dubuque and public notice
given as provided by the Code of Iowa
pertaining to public contracts and
bonds, and the time and place fixed for
the hearing of all objections to said
plans, specifications or contract for or
cost of such improvements, said time
being this 5th day of July, 1983; and
WHEREAS, the City Council met in
regular adjourned session this 5th day
of July, 1983, at 7:30 p.m. at the City
Council Chambers for the purpose of
hearing all interested parties and con-
sidering any and all interested parties
and considering any and ail objections
which have been fried to the proposed
plans, specifications or contract for or
cost of the improvement herein
described and proposed to be made;
and
WHEREAS, an interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the city Council of the
City of Dubuque, that all objectione
which have been made and filed to the
plans, specificatione, 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 an
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
5th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskene moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Delch, Hammei,
Kluesner, Kronfeldt.
Nays--Cenncjl Member Klauer.
(Ordering Construction)
RESOLUTION NO. 160-83
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a resolution of
necessity No. 125-83 which was duly
passed by this Council for the 1983
Asphalt Paving Project be and the
same 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
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of making
said improvement will be assessed par-
tially or toteny against privately own-
ed property lying within the assess-
ment limits, and in an amount not to
exceed that provided by law, and in
propertien to the special benefits confer-
red. The portion of the cost which shall
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 an-
ticipation of deferred payments of
assessments when a contract has been
performed and accepted and the pro-
222
Regular Adjourned Session, July 5, 1983
ceeds thereof used to pay the contrac-
tor.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four nor
more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
on the 26th day of July, 1983. Bids
shall be opened and read by the City
Clerk at said time and will be submit-
ted to the Council for final action at a
meeting to be held at the City Council
Chambers at 7:30 p.m. on the 1st day
of August, 1983.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City council.
Passed, adopted and approved this
5th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Kluesner, Krunfeldt.
Nays--Council Member Klauer.
Council recessed at 9:30 p.m.
Council reconvened at 9:40 p.m.
Proof of publication, certified to by
the Publisher, on Notice of Pendency
of Resolution of Necessity for con-
structinn of Chaplain Schmitt
Memorial Island Recreation
-Underground Irrigation System,
presented and read.
No written objections were received
and no ora] objections were presented.
Council Member Hammel moved that
the proof of publication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady,Council
Members Beurskens, Delch, Hammel,
Klauer, Kluesner, Krunieldt.
Nays--None.
(Necessity for Improvement)
RESOLUTION 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-
fice 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
the chaplain Schmitt Memorial Island
Recreation Complex - Underground Ir-
rigation System.
BE IT THEREFORE RESOLVED
that the City Council deems it ~d-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sideratlon 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 all 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-
cil 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 ~)rdered 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-Tern
A~Iq~E ST:
Mary A. Davis
City Clerk
Record of Final Adoption
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 5th day of July,
1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
final adoption of the Resolution.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Regular Adjourned Session, July 5, 1983 223
Klauer, Kluesner, Dronfeldt.
Nays--None.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 161-83
WHEREAS, proposed, plans and
specifications and form of contract for
the Chaplain Schmitt Memorial Island
Recreation Complex - Underground Ir-
rigatlon System have been approved
by the City Council of the City of
Dubuque and public notice given ae
provided by the Code of Iowa pertain-
lng to public contracts and bonds, and
the time and place fixed for the hear-
lng of ali objections to said plans,
specifications or contract for or cost of
such improvements, said time being
this 5th day of July, 1983; and
WHEREAS, the City Council mot in
regular adjourned session this 5th day
of July, 1983, at 7:30 p.m. at the City
Council Chambers for the purpose of
hearing all interested parties and con-
sidering any and ali objections which
have been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described and
proposed to be made; and
WHEREAS, ali interested parties
have been given an opportunity to be
heard and ali 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-
tione which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon ali
objections which have been filed to the
plans, spedfications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
5th day of July,1983
James E. Brady
Mayor
Aq~EST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauor, Kluesnor, Kronfeldt.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 162-83
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 131~83 which was duly
passed by this Council for the Chaplain
Schmitt Memorial Island Recreation
complex - Underground Irrigation
System be and the same are hereby
ordered and constructed by this Coun-
cil upon its own motion and with or
without the petition of property
owners. All the work shall be con-
structed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from Private
Contributions.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of inuuediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council,
Passed, adopted and approved this
5th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hannnel,
Klaner, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tors of the receipt of proposals for con-
struction of Chaplain Schmitt
Memorial Island R~creation Complex-
224
Regular Adjourned Session, July 5, 1983
Underground Irrigation System,
presented and read.
Council Member Hammel moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hanunel,
Klaner, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
recommending to award Contract for
above project to Nauman Nursery,
Dubuque, Iowa, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klaner. Carried by the follow-
ing vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 163-83
WHEREAS, sealed proposals have
been submitted by contractors for the
Chaplain Schmitt Memorial Island
Recreation Complex
UndergroundIrrigation
System No.1
pursuant to Resolution No. 162-83 and
notice to bidders published in a
newspaper published in said City on
June 10, 1983, and
WHEREAS, said sealed proposals
were opened and read on June 28,
1983, and it has been determined that
the bid of Nauman Nursery, Inc. of
Dubuque, Iowa 52001 in the amount of
$46,661.22 was the lowest bid for the
furnishing of ali labor and materials
and performing the work as provided
for in the plans and specifications.
NOW, THE/REFORE, BE IT
RESOLVED/by the City Council of
the City of Dubuque, Iowa: That the
contract for the above-mentionad im-
provement be awarded to Nauman
Nursery, Inc. and the Manager be and
is hereby directed to execute a con-
tract on behalf of the City of Dubuque
for the complete performance of the
work.
BE IT FURTHER RESOLVED
that upon the signing of said contract
and the approval of the contractors
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, adopted and approved this
5th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Klnasner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting petitions of Dubuque pro-
mrty owners, communication from the
Historic Preservation commission,
and an Ordinance for the proposed
designation of a Lower Bluff St.
~tistorlc Preservation District and re-
questing Ordinance be set for a Public
Hearing, presented and read.
Council Member Kranfeldt moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
hag vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klaner, Kluesner, Kronfeldt.
Nays--None.
An ORDINANCE Providing that
the Code of Ordinances of the City of
Dubuque, Iowa be amended by enac-
ting a new Section 6.4 of Chapter 19V~
to provide for the establishment of the
Lower Bluff St, Historic Preservation
District, pursuant to the requirements
of Chapter 19V~ of the Code of Or-
dinances, presented and read.
Council Member Kronfeldt 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 Brady,Council
Members Beurskens, Deich, Hammel,
Klanar, Kluesner, Kronfeldt,
Nays--None.
Council Member Kronfeldt moved
that the rule requiring an Ordinance to
he presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
Regular Adjourned Session, July 5, 1983 225
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskans, Deich, Hammel,
Klauar, Kluesner, Kronfeldt.
Nays--None.
Council Member Kronfeldt moved
that a Public Hearing be held on the
Ordinance on September 6, 1983 at
7:30 p.m. in the City Hall Council
Chambers and that the City Clerk be
instructed to publish notice in the
manner required by law. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re.
questing Mayor be authorized to ex-
ecute application for additional 25
units of Section 8 Moderate
Rehabilitation Housing and 25 units of
Section 8 Existing Housing, presented
and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskans. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kinasner, Kronfeidt.
Nays--None.
RESOLUTION NO. 164-83
Authorizing Mayor to Execute Ap-
pllcation for Additional 25 Units of
Section 8 Moderate Rehabilitation
Housing and 25 Units of Section 8 Ex-
loting Housing
WHEREAS, the City of Dubuque
functions as a Public Housing Agency
authorized by provisions of Chapter
403A of the 1966 Code of Iowa, as
amended; and,
WHEREAS, the City of Dubuque
and the United States Department of
Housing and Urban Development
have approved a Housing Assistance
Plan for 1982-85 which indicates need
for development of additional Section
8 Moderate Rehabilitation units and
Section 8 Existing units; and
WHEREAS, the City rental
assistance waiting lists indicate a
large demand for low income families
needing 2 and 3 bedroom assistance in
order to afford safe, sanitary and de-
cent housing; and
WHEREAS, the United States
Department of Housing and Urban
Development has published a Notice
of Fund Availability inviting the City
of Dubuque to fife applications for up
to 25 Section 8 Moderate Rehabilita-
tion and 25 Section 8 Existing units as
soon as possible, but no later than July
11, 1983, and requests the City to in-
dicate a preference for one or the other
programs due to the limitation of
available funds; and
WHEREAS, the 1982 City of Dubu-
que Housing Strategy recommends ex-
pension of the Section 8 Moderate
Rehabilitation Program in Dubuque
because the Program is "especially
well suited to alleviate problems of ob-
saiescense and deferred maintenance
in Dubuque's rental housing stock"
and urges continued expao~ian of the
Section 8 Existing Program as funds
are made available because it provides
necessary rental assistance to low in-
come renters while helping to maintain
the existing rental stock;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council ap-
proves the submission of separate ap.
plications for 25 additional units of
Section 8 Moderate Rehabilitation
Housing and Section 8 Exis ting Hous-
lng.
Section 2. That the City Council
directs the Mayor to execute an ap-
plication for 25 additional Section 8
Moderate Rehabilitation units.
Section 3. That the City Council
directs the mayor to execute an ap-
plication for 25 additional Section 8
Existing units.
Section 4. That the City of Dubuque
Housing Commission is directed to
provide a public notice of and conduct
a public hearing r~garding this ap-
plication at their next regular meeting
and report the results to the City Coun-
cil
Section 5. That the City staff is
directed to forward said application to
the fZ.$. Department of Housing and
Urban Development on or before July
11, 1983.
Section 6. That the City Council
hereby suggests to the Government
226
Regular Adjourned Session, July 5, 1983
that though the City needs ali the fun-
ding applied for, that if an allocation of
units must be made between programs,
the City prefers funding under the Sec~
tion 8 Existing program because that
program has the propensity to assist
needy low income families faster than
the Mod Rehab. Prograr~
Passed, adopted and approved this
5th day of July,1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Klnasner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Resolution providing for
release of funds for projects to be
funded with Community Development
"Jobs Bill" Grant funds, presented
and read. Council Member Deich mov-
ed that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady,Council
Members Beurskens, Dsich, Hammel,
Klauer, Klueeaer, Kronfeldt.
Nays--None.
RESOLUTION NO. 165-83
A Resolution Authorizing Submission
of a Request for Release of Funds for
Certain Community Development
"Jobs Bill" Projects
WHEREAS, the City of Dubuque,
in conformance with the Environmen-
tel Review Prccadures for the com-
munity Development program, con-
vened an ad hoc committee on July 14,
1976, and a review committee on June
15, 1983 winch completed an En-
viromnantel Assessment of the follow-
lng identified project to be funded in
the Community Development "Jobs
Bill" Grant:
Miscellaneous Public Improvements
including Street, Alley, Curb Repair
and Replacement, Lighting, and
Signage; and
WHEREAS, pursuant to Resolution
No. 246-76, adopted July 19, 1976,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment" for the projects above was
published July 7, 1976, in the Dubuque
Telegraph Herald, and provided for a
public comment period until 12:00
Noon, Monday, August 16, 1976, and
notice of opportuulty to review for the
projects was published on February 24,
1982, and June 22, 1983 in the Dubu-
que Telegraph Herald and provided for
a public comment period until 12:00
Noon, Friday, July 8, 1983.
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
23, 1982, and a Review committee on
June 15, 1983 winch completed an En-
vironmental Assessment of the follow-
lng projects to be funded in the Com-
mudity Development Grant:
Residential Rehabilitation
Loan & Grant Program in Communi-
ty Development Project Areas
WHEREAS, pursuant to Resolution
No. 240-76 adopted July 6, 1976,
Public Notice of a "~'inding of No
Significant Effect on the Environ-
ment'' for the projects above was
published July 7, 1976, in the Dubuque
Telegraph Herald, and provided for a
public comment period until 12:00
Noon, Friday, July 30, 1976, and
notice of opportunity to review for the
projects was published on February
24, 1982, and June 22, 1983 in the
Dubuque Telegraph Herald and pre-
vided for a public comment period un-
til 12:00 Noon, Friday, July 8, 1983.
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
15, 1982, and a Review Committee on
June 15, 1983 winch completed an En-
viromnental Assessment of the follow-
lng project to be funded in the Com-
munity Development Grant:
Economic Development Activities
WHEREAS, pursuant to Resolution
No. 169-82, adopted June 21, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environ-
mant" for the project w~s published
June 23, 1982, and June 22, 1983, in
the Dubuque Telegraph Herald, a
newspaper of general circulation and
provided for a public comment period
until 12:00 Noon, Friday, July 8, 1983;
and
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program
convened an ad hoc committee on
March 4, 1976, and a review committee
Regular Adjourned Session, July 5,1983
on June 15, 1983 and completed an En-
vironmentel Assessment of the follow-
ing proposal (project~ with Community
Development "Jobs Bill" Grant funds
and
Removal of Arcintectural Barriers
winch impede the mobility of the el-
derly and handicapped
WHEREAS, pursuant to Resolution
No. 182-76 adopted May 24, 1976
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment" for the proposal (project) was
published May 24, 1976, and June 22,
1983 in the Dubuque Telegraph
Herald, a newspaper of general circula-
tion, and provided for a public com-
merit period until 12:00 Noon, Friday,
July 8, 1983; and
WHEREAS, Public Notice of a
"Finding of No Significant Effect on
the Environment" for the projects was
sent by regular mail to various federal
state and local public agencies and to
the local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
each a Public Notice; and,
WHEREAS, any and all objections,
if any, to such proposals have been du-
ly considered; and
WHEREAS, it is the intent of the
City Council to authorize the submis-
sion of a request in 7 days to the U.S.
Department of Housing and Urban
Development for the release of funds
to carry out the above-identified pro-
jects:
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the environmental
Review Record for each of the projects
shall continue to remain on file in the
Office of the City Clerk, where said
records may be examined and copied
by any interested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the ~.S. Depart-
ment of Housing and Urban Develop-
rnent a request for release of funds to
undertake the said projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible Federal official under the
National Environmental Protection
227
Ac$ insofar as the provisions of the
said Act apply to the U.$. Department
of Housing and Urban Development's
responsibilities for review, decision-
making, and action assumed and
ried out by the City of Dubuque as to
environmental issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the city of
Dubuque, to accept the jurisdiction of
the Federal courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision.making and actio~
Section 5. That the Mayor of the City
of Dubuque be and his is hereby
authorized and directed to execute a
certification pertaining to the
vironmentul review procedures.
Section 6. That the city Clerk be and
she is hereby authorized and directed
to publish a public notice for a Request
for release of Funds and Certification
in the form of Exhibit "A" attached
hereto and made a part thereof
Passed, adopted and approved tins
5th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Public Notice
Pursuant to the Environmental
Review Procedures for the Community
Development "Jobs Bill" Grant pro-
,,ram, the City of Dubuque intends to
file a request for release of funds.
1. -- Miscellaneous Public Improve-
ments including Street, Alley, and
Curb Repair and replacement, Light-
ing and Siguage, etc.
2. -- Residential Rehabilitation Loan
and Grant Program in Community
Development Project Areas.
3. -- Economic Development Ac-
tivities.
4. -- Removal of Arcintectural
Barriers,
The City of Dubuque has made an
Environmental Review R~cord for the
projects, and had placed these records
on file in the Office of the City Clerk in
City Hall, 13th and Central Avenue,
Dubuque. Iowa, where said records
may be examined and copied between
the hours of 8:00 a.m. and 5:00 p.m,,
Monday through Friday until 5:00
p.m. on the 22nd day of July 1983.
228
The name of the applicant is tho City
of Dubuque, Iowa, and the Chief Ex-
ecutive Officer of the applicant is
Mayor James E. Brady. The mailing
address for both the applicant and the
Chief Executive Officer is City Hall,
13th and Central Avenue, Dubuque,
Iowa. 52001.
The City of Dubuque will undertake
the projects described above w/th
Block Grant funds from the U.S. De-
partment of Housing and Urban De-
velopment (HUD), under Title I of the
Housing and Community Develop-
ment Act of 1974. The City of Du-
buque is certifying to HUD that the
City of Dubuque and James E. Brady,
in his official capacity as Mayor, con-
sent to accept the jurisdiction of
Federal Courts if an action is brought
to enforce responsibilities in relation
to environmental reviews, decision-
making, and action; and that these
reeponeibirities have been satisfied.
The legal effect of the certification is
that upon its approval, the City of
Dubuque may use the Block Grant
funds and HUD will have satisfied its
responsibilities under the National En-
viromnental Policy Act of 1969. HUD
will accept an objection to its approval
of the release of funds and acceptance
of the certification only if it is on one of
the fo]lowing bases: (a) that the car-
t(ricer(on was not in fact executed by
the Chief Executive Officer or other of-
ricer of applicant approved by HUD:
or {b} that applicant's environmental
review record for the project indicates
omission of a required decision, fin-
ding, or step applicable to the project
in the environmental review process.
Objections must be prepared and sub-
mitred in accordance with the required
procedure (24 CFR Part 58), and may
be addressed to HUD at the Omaha
Area Office, 210 So. 16th Street
Omaha, Nebraska 68102. Objections
to the release of funds on bases other
than those stated above will not be
considered by HUD. No objections
received after the 22nd day of July,
1983 will be considered by HUD.
Comments may be submitted to the
City of Dubuque until 12:00 Noon,
Wednesday, July 22, 1983, addressed
to James E. Brady, Mayor of the City
of Dubuque, City Ha]l, 13th and Cen-
tral Avenue, Dubuque, Iowa 52001.
Dated and published July 7, 1983.
Mary A. Davis
City Clerk
Council Member Ds(ch moved adop-
tion of the Resolution. Seconded by
Regular Adjourned Session, July 5,1983
Council Member Kinuer. Carried by
~he following vote:
Yeas--Mayor Brady,Council
Members Beurskens, De(ch, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Ordinance covering the
establishment and jurisdiction of the
Dock commission and various regale-
tions governing waterfront activities,
AND Letter from Dock Commission
objecting to proposed Ordinance,
presented and read.
Council Member Hannnel moved
that the communication and letter be
received and filed. Seconded by Coun-
cll Member Beurskens. Carried by the
following vote:
Yeas--Council Members Beurekens,
Hammel, Kinesner, Kronfeldt.
Nays--Mayor Brady, Council
Members De(ch, Klauer. ~
An ORDINANCE Amending the
Code of Ordinance by enacting a new
Chapter 9V~ comprised of Section 9V2-1
)f Article I, Sections 9Va-5 thru 9~-8
of Article II, Section 9~/2-12 of Article
III and Sections 9¥~-15 thru 9¥2-32 of
Article IV in lieu thereof establishing a
Dock Bd. and delineating its member-
ship, terms of office and its powers;
establishing office of Dock Division
Manager and providing regulations on
boats and waterfront, presented and
read.
Council Member De(ch moved that
this matter be tabled until the meeting
of July 18th. Seconded by Council
Member Klauer. Vote on the motion
Yeas--Mayor Brady, Council
Member De(ch, Klauer.
Nays--Council Member Beurskens,
Harnmel, Kfuesner, 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
Beurskens. Carried by the following
vote:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Members De(ch, Klauer.
Upon discussion, it was decided to
defer discussion regarding Inland
Molasses Co.
BOARDS AND COMMISSIONS:
Civic Center Commission -- 3 Two
Regular Adjourned Session, July 5, 1983 229
Year terms to expire 6-30-85 (Terms of
Henkels, Hammel, Bennett); Ap-
plicants: Dave Bennett, Don Feldman,
Marylynne Field, Robert Hammel,
Francis Wm. Henkels, Edward
McEvoy, Floyd G. Rundie, Helen
Schaub. Vote on the appointment was
as follows:
Council Member Beurskens voted
for Bennett, Hammsl and Henkels;
Mayor Brady voted for Bennett, Ham-
mai and Heakels; Council Member
De(ch voted for Bennett, Hammel, and
Henkels; Council Member Hammal
voted for Bennett, Hammel and
Henkels; Council Member Klauer
voted for Rundle, Feldman, and
Henkels; Council Member Kluesner
voted for Bennett, Hammel, and
Henkels; Council Member Kronfeldt
voted for Bennett, Hanunel, and Field.
Therefore, Dave Bennett, Robert
Hammel and Francis Henkels all reel~
pointed to two year terms to expire
6-30-85.
Historic Preservation Commission --
3 - 3 Year Terms to Expire 6-30-86
(terms of Smemo & Wilkie & One
Newly-Created for Jackson Pk. area);
Applicants for Realtors: Marian
Hickey-Bunting, Karen M. Smemo,
Margaret M. Smith; Applicants for At
Large &/or His. Society: Sara J. Lud-
wig, Donald Osborne, Virginia J.
Sand, John A. Schublin, Rev. Wm. E.
Wilkie; Jackson Park: Donald Osborne
and Ruth Brockman.
Realtors: Vote on the appointment
was as fo]lows:
Council Member Beurakens voted
for Smemo, Mayor Brady voted for
Smemo, Council Member Deich voted
for Smemo, Council Member Hammel
voted for Smemo, Council Member
Klauer voted for Smith, Council
Member Kinesnar voted for Smemo,
Council Member Kronfeldt voted for
Smemo. Therefore, Karen Smemo
reappointed for a three year term to
the Historic Preservation Commission
which w/il expire 6-30-86.
At L4~ge/Historlcnl Sodsty: Vote on
the appointment wes as follows:
Council Members Beurakens voted
for Osborne, Mayor Brady voted for
Schub]ln, Council Member Dalch
voted for Osborne, Council Member
Hammel voted for Osborne, Council
Member Klauer voted for W]lkie,
Council Member Kluesner voted for
Osborne, Council Member Kronfeldt
voted for Osborne. Therefore, Donald
Osborne appointed to the Historic
Preservation Comm. {At Lg./His.
Society) for a three year term which
will expire 6-30-86.
Jackson Park District -- Vote on the
appointment was as follows:
Council Member Beurskens voted
for Brockman, Mayor Brady voted for
Osborne, Council Member De(ch voted
for Brockman, Council Member Ham-
mel voted for Brockman, Council
Member Klauer voted for Osborne,
Council Member Kinesner voted for
Brockman, Council Member Kronfeldt
voted for Brockman. Therefore, Ruth
Brocknmn appointed to the Historic
Preservation Commission (Jackson
Pk. area) for a tk~ee year term which
will expire June 30, 1986.
Human Rights Commission -- A
Mayoral appointment with Council
concurrence, One unexpired term
which will expire 1-1-84 (term of M.
Kessler); Applicants: Carol Arnold, Ar-
thur Boardman, Karla Bralg, James
Compton, Rev. Charles Lang, Dennis
Luster, Fred Moser, Daniel Nicholson,
Bill Norman, Rick Redalen, Edward
Schuster, Mauriee Smith, Gene
Straatmeyer. Mayor Brady racom-
mended James Compton for the ap-
pointment.
Vote on the concurrence:
Yeas--Mayor Brady, Council
Members De(ch, Klaner, Kronfeldt.
Nays--Council Member Beurskens,
Hammel, Klusener.
Therefore, James Compton ap-
pointed to fill an unexpired term on
the Human Rights Commission which
will expire Jan. 1, 1984.
Library Beard -- 3 Six Year terms to
Expire 7-1-89 (Terms of Pease, Seitz &
Terry). Applicants: Elizabeth Beall,
Wm. B. Gould, Bernard Murphy,
Virginia Sand, Richard Starr, Leland
Stocker, James Ryan, Duane
Mortensen.
Mr. Stocker and Mr. Gould address-
ed the Council.
Vote on the appointment(s) was as
follows:
Council Member Beurskens voted
for Mortensen, Gould, and Stocker;
Mayor Brady voted for Gould, Starr
and Ryan, Council Member De(ch
voted for Gould, Stockar and
Mortensen, Council Member Hannnel
voted for Gould, Stocker and
Mortensen, Council Member Klauer
voted for Murphy, Starr, and Stacker,
Council Member Kluesner voted for
Gould, Starr and Mortensen, Council
Member Kronfeldt voted for Gould,
230
Regular Adjourned Session, July 5, 1983
Stocker and Mortensen. Therefore,
Wm. Gould, Leland Stocker and
Duane Mortensen appointed to six
year terms of the Library Bd. wtdch
will expire 7-1-89.
Mechanical Board. -- 1 Three Year
Term to Expire 3-16-86 (Term of P.
Darby). Applicant: Thomas D. Walsh.
Council Member Kronfeldt moved
that this position be specifically that
of a Mechanical Engr. Seconded by
Council Member Hammel. Vote on the
tootled was as follows:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Klaesner, Kron~eldt.
Nays--None.
Park and Recreation Commission -- 3
-3 Year Terms to expire 6-30-86 (terms
of Buelow, Regun & Winoughby);1
Unexpired Term to Expire 6-30-84
(term of Kucera);1 Unexpired Term to
Expire 6-30-85 (Term of F. Appel) Ap-
plicants: Sue Bastian, Richard Bean
Michael J. Buelow, Chad Cox, Tom
Kerech, Max Kollach, Sue 'Simon
Ralph J. Schetgen, David J.
Willoughby.
Vote on the three year terms was as
follows:
Council Member Beurskens voted
for Buelow, Simon and Willoughby;
Mayor Brady voted for Buelow and
Simon and Willoughby; Council
Member Deich voted for Buelow
Willoughby, and Simon; Council
Member Hammel voted for Buelow
Simon and Willoughby; Council
Member Klauer voted for Willoughby.
Simon and Buelow; Council Member
Kluesner voted for Buelow, Simon and
Willoughby; Council Member
Kronfeldt voted for Bastian, Simon
and Kollach. Therefore, Michael
Buelow, David Willoughby and Sue
Simon appointed for a three year term
on the Park & Rec. Comm., which will
expire 6-30-86.
Vote for the unexpired term which
will expire 6-30-85: Council Member
Beurskens voted for Bastian, Mayor
Brady voted for Schatgen, Council
Member Deich voted for Bastlan,
Council Member Hanunel voted for
Bean, Council Member Klauer voted
for Schetgen; Council Member
Kluesner voted for Bean, Council
Member Kronfeldt voted for Bastlan.
There being no majority vote, a second
vote was taken as follows:
Council Member Beurskens voted
for Bastlan, Mayor Brady voted for
Schetgun, Council Member Deich
voted for Bastian, Council Member
Hammel voted for Bean, Council
Member Klauer voted for Schatgen,
Council Member Kluesner voted for
Bean, Council Member Kronfeldt
voted for Bastian. Therefore, Richard
Bean appointed to fill an unexpired
term on the Park and Rec. Commission
that will expire 6~30-85.
Vote on the unexff~red term which
win expire 6-30-84:
Council Member Beurskens voted
for Bastian, Mayor Brady voted for
Schatgen, Council Member Deich
voted for Bastlan, Council Member
Hammel voted for Cox, Council
Member Klauer voted for Schetgen,
Council Member Kluesner voted for
Bastian, Council Member Kronfeldt
voted for Bastian. Therefore Sue Bas-
tian appointed to the Park and Rec.
Comm. to fill an unexpired term which
will expire 6-30-84.
TV Cable Regulatory Comm. -- 2
-Three year terms to expire 6-30-86
Iterms of Churchill & Willglngi Ap-
plicants: Thomas Churchill, Jerome
Ehiers, Douglas Hilby, William Ter-
nent, Mark Winging.
Vote on the appointments was as
follows:
Council Member Beurskens voted
for Winging and Ternent, Mayor
Brady voted for Churchill & Hilby,
Council Memhar Daich voted for Chur-
chill & Hilby, Council Member Ham-
mel voted for Ternent & Winging,
Council Member Klauer voted for
Churchill & Ehlers, Council Member
Kluesner voted for Ternent & Willg-
lng, Council Member Kronfeldt voted
for HiIby & Ternent. Council Members
Klauer & Hammel gave their votes to
Ternent - Mayor Brady and C. M.
Deich on behalf of Hilby. Therefore
Wm. Ternent appointed to the TV
Cable Regulatory Commission for a
three year term which will expire
6-30-86.
Second appointment: Council
Member Beurskens voted for Wing-
lng, Mayor Brady voted for Hllby,
Council Member Deich voted for
Hilby, Council Member Hammel voted
for winging, Council Member Klauer
voted for Churchin, Council Member
Kluesner voted for winging, Council
Member Kronfeldt voted for Hilby.
Therefore, Douglas Hflby appointed to
the TV Cable Regulatory Conunisaion
for a three year term which ~ expire
6-30-86.
TV Cable Regulatory Commission: --
3 - Three year terms to expire 6-30-86
(terms of Meek, Hoverman &
Regular Adjourned Session, July 5, 1983
231
Lehnhardt), Applicants: Brian
Blodgett, Sr. Carol Hoverman, Jim
Meek, M. Lark Underwood.
Vote on the appointments was as
follows:
Council Member Beurskens voted
for Blodgett, Meek and Underwood;
Mayor Brady voted for Blodgett,
Hoverman, and Meek; Council
Member Deich voted for Blodgett,
Hoverman and Meek; Council Member
Hammel voted for Blodgett, Meek and
Underwood; Council Member Klauer
voted for Blodgett, Meek and Under-
wood; Council Member Kluesner voted
for Blodgett, Meek and Hoverman
Council Member Kronfeldt voted for
Bhidgett, Meek and Underwood.
Therefore, Brian Blodgett, Jim Meek
and M. Lark Underwood appointed to
the TV Cable Community Tele-
progrannning Commission for a three
year term which will expire 6-30-86,
RESOLUTION NO. 166-83
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that the renewing 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.
Glen Abernathy
900 Dodge St.
John C. Andresen
555 J. F. Kennedy
Gary and Linda Boffell
2501 Rbemberg Ave.
John M. Fitzpatrick & William Dully
2550 Dodge St.
Ted J. and Georgia A. Heinz
1278 Central Ave.
Junnie's Lounge, Ltd.
2095 Kerper Blvd.
Mary Leu Kamp
400 Central Ave.
Mole Oil Co.
1875 J. F. Kennedy Rd.
Richard F. O'Hara
70 South Locust St.
University of Dubuque-Student Union
2050 University Ave.
Loras College Beckman HaH
1450 Alta Vista St.
Loras College Keane Hall
1450 Alta Vista St.
Loras College Snack Bar
1450 Alta Vista St.
Sunnycrest Manor
2375 Roosevelt St.
Robert & Patrick Gross
1700 Central Ave.
Angelina A. Bertolini
1298 Main St.
Capital Tobacco Corp.
175 West 32nd St.
Ronald J. Fens
1121 University Ave.
William Hancock
2205 Carter Rd.
Denny Slowey & Pete Oeth
1895 J. F. Kennedy Rd.
Theisen's Stores
2900 Dodge St.
United Auto Workers Local No.94
3450 Central Ave.
Merlin Marett
3198 Central Ave.
Flexsteel Industries
1856 Jackson St.
F. D. L. Foods, Inc.
701 East 16th St.
William C. Brown Publishing
2460 Kerper Blvd.
A. Y. McDonald Co.
Chavenelle Road
Passed, adopted and approved this
5th day of Jaly, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Councll Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ded by the following vote:
Yeas--Mayor Brady,Council
Members Bearskens, Daich, Hammci,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 167-83
WHEREAS, Applications tot Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
232
Regular Adjourned Session, July 5, 1983
CLASS "C" BEER PERMIT
Hy-Vee Food Stores, Inc.
3333 Asbury Rd.
(Also Sunday Sales)
Dennis A. Althaus (Family Beer)
25 Ruby St.
(Also Sunday Sales)
Passed, adopted and approved this
5th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauor moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klaner, Klueaner, Kronfeldt.
Nays--None.
RESOLUTION NO. 168-83
WHEREAS, Applications for Li-
quor Licenses have been submitted to
tlds Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be Ge-
cupied by. such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
pllcants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
John M. Fitzpatrick and William F.
Dully
2550 Dodge St.
James J. Birkett
55 Locnet St.
Tammy A. Edens, Pamela Knourek, &
Tap, Inc.
342 Main St.
Passed, adopted and approved this
5th day of July,1983
James E. Brady
Mayor
A~rEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
~doption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Printed Council Proceedings for
month of March, 1983~ presented for
approval.
Council Member Klauer moved that
the proceedings be approved as
printed. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady,Council
Members Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Historic
Preservation Comm. of 6-14, Housing
Comm. of 6-21, Human Rights Comm.
of 6-13, Mechanical Bd. of 6-7, Park and
Recreation Corem of 5-17 and Zoning
Bd. of Adjustment of 5-19, presented
and read.
Council Member Klauer moved that
the minutes be received and fried.
Seconded by Council Member Beur-
skans. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kiuesner, Kronfeldt.
Nays--None.
Park and Recreation Commission
Minutes of June 14, 1983 presented
and read.
Council Member Deich moved that
the minutes be received and fried.
Seconded by Council Member Klaner.
Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskans, Deich, Hammel,
Klauer, Klueaner, Kronfeldt.
Nays--None.
Human Rights Commission submit-
ting their Annual Report for FY 1982,
presented and read.
Council Member Klauer moved that
the report be received and flied.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskans, Deich, Hammel,
Klauer, Klueaner, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS: Robert J.
Regular Adjourned Session, July 5, 1983 233
Graham in unknown amt. for personal
injuries; Vivian L. Herkes in unknown
amt. for personal injuries; Pamela
Hubert in est. amount of $28.02 for car
damages; Jerry Mare in unknown
amount for personal injuries; Pat
Menadue by Mr. and Mrs. James
Menadue in unknown amount for po~
sonal injuries; presented and read.
Council Member Klauer moved that
the claims be referred to the Corpora-
tion Counsel for investigation and
report. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Delch, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Counsel for KDUB-TV submitting
petition for waiver of Federal Com-
munications Commission's rules re-
garding duplicative programming of
KCRG-TV, Channel 9, Cedar Rapids,
Iowa, presented and read.
Council Member Klauer moved that
the petition be received and filed.
Seconded by Council Member Beu~
skens. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Finding of
No Significant Effect on the Environ-
ment for certain Community Develop-
ment projects, presented and read.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Banrskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
There being no further business,
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Delch, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved 1983
Adopted __1983
Council Members
ATTEST:
City Clerk
234
Special Session, JulylS, 1983
CITY COUNCIL
OFFICIAL
Special Session, Juiy 18, 1983.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Dzich, Hummel,
Klauer, Khiesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Assis-
tant City Attorney Wm. G. Blum.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to conduct a Public
Hearing authorizing the issuance and
sale of Industrial Development
Revenue Bonds for Frommelt Partner-
ship Project in an amount not to ex-
ceed $3,000,000 and acting upon such
other business which may properly
come before the Council.
Invocation was given by Rev. Evon
Fleeberg, Associate Pastor of St.
Peter's Lutheran Church.
Proclamation: Sept. 7th as "Peace
Day"
Council Member Klueener moved to
suspend the rules to let anyone pre.
sent address the Council if they so
desire. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hummel,
Klauer, Khieener, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing on Intention to issue In-
dustrial Development Revenue Bonds
(Frommelt Partnership Project),
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing. Coun-
cil Member Beurskens moved that the
proof of publication be received and fil-
ed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hummel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 169-83
"Resolution authorizing the issuance
and sale of Industrial Development
revenue Bonds (Frommelt P~rtnershlp
Project~ in an aggregate principal
amount of $3,000,000; and the execu-
tion of a Lender Loan Agreement pro-
riding the terms and sale of such
bonds and a Loan Agreement with
Frommelt Partnership providing for
the repayment of the loan of the pro-
ceeds of such bonds, and related mat-
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incor-
porated municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1983,
as amended {the "Act") to issue
revonue bonds for the purpose of
financing the cost of acquiring, by con-
struction or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for the use of
any industry or industries for the
manufacturing, processing or assembl-
ing 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 of a company that does
multistate business; and
WHEREAS, the Issuer has made
the necessary arrangements with
Frommelt Partnership (the "Com-
pany'') for the acquisition by construe-
tion or purchase of a building, equip-
ment 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 at 4343 Chaveneile Drive in
Dubuque, Iowa; and
WHEREAS, it is necessary and ad-
visable that provisions be made for the
issuance of Industrial Development
revenue Bonds, Series 1983 (Froramelt
Partnership Project) of the Issuer in
an aggregate principal amount of
$3,000,000 (the "Bonds") as authoriz-
ed and permitted by the Act to finance
the cost of the Project to that amount;
and
WHEREAS, the Issuer will loan the
proceeds of the Bonds to the Company
pursuant to the provisions of a Loan
Agreement dated as of July 1, 1983
(the "Loan Agreement") between the
Issuer and the Company the obilga-
Special Session, July 18, 1983
235
tion of which will be sufficient to pay
the principal of, redemption premium,
if any, and interest on the Bonds as
and when the same shall be due and
payable; and
WHEREAS, the Bonds will be sold
pursuant to and secured as provided
by a Lender Loan Agreement to be
dated as of July 1, 1983 (the "Lender
Loan Agreement") by and between th,
Issuer and the First National Bank of
Dubuque, Dubuque, Iowa, and
American Trust & Savings Bank,
Dubuque, Iowa (the "Lenders"); and
WHEREAS, the rights of the Issuer
in and to the Loan Agreement are
assigned to the Lenders under the
Lender Loan Agreement; and
WHEREAS, notice of intention to
issue the Bonds has been published
and this Council has conducted a
public hearing pursuant to such
published notice, ail as required by the
Act and the Internal Revenue Code of
1954, as amended, and has hereby
determined that it is necessary and ad-
visable to proceed with the financing
of the Project; and
WHEREAS, the Issuer has arrang-
ed for the sale of the Bonds to the
Lenders;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section L Authorization of the
Bonds. In order to firmnee the cost of
the Projec~ the Bonds shall be and the
same are hereby authorized, detormin-
ed and ordered to be issued in an ag-
gregate principal amount of $3,000,000.
The Bonds shall be issued in fully
registered form and transferable only
in accordance with their respective
provisions, numbered R-1 and R-2, and
shall be dated as of the date of issuance
and delivery thereof and shall be ex-
eeutod, shall be in such form, shall be
payable, shall have such prepayment
provisions, shall bear interest at such
rates, and shall be subject to such
other terms and conditions as are set
forth therein and in the Lender Loan
Agreement and Loan Agreement. The
Bonds and the interest thereon do not
and shall never constitute an in-
debtodness of or a charge against the
general credit or taxing power of the
Issuer, but are limited obligations of
the Issuer payable solely from
~om the Loan Agreement and the Pro-
ject and shall be secured by an assign-
ment of the Loan Agreement and the
revenues derived therefrom. Forms of
the Lender Loan Agreement the
Bonds and the Loan Agreement are
before this meeting and are by this
reference incorporated in this Bond
Resolution, and the City Clerk is
hereby directed to insert them into the
minutes of the City Council and to
keep them on file.
Section 2. Lender Loan Agreement;
Sale of the Bonds. In order to provide
for the sale of the Bonds to the Lenders
and the conditions with respect to the
delivery thereof, the Mayor and City
Clerk shall execute, acknowledge and
deliver in the name and on behaif of the
Issuer, the Lender Loan Agreement in
substantially the form submitted to
the City Counei~ which is hereby ap-
proved in all respects. The sale of the
Bonds to the Lenders is hereby ap-
proved and the Mayor and City Clerk
of the Issuer are hereby authorized and
directed to execute and deliver the
Bonds to the Lenders. Deposit by the
Lenders to the credit of the Issuer of
the purchase price, namely $3,000,000,
in immediately available funds at the
office of the American Trust & Savings
Bank in Dubuque Iowa (the "Bank")
shall constitute payment in full for the
Bonds pursuant to Section 1.02 of the
Lender Loan Agreemen~ The Bank
shall be authorized as the Issuer's
depository and agent to immediately
deposit such purchase price in the Pro-
'eet Fund established by Section 1.03
of the Lender Loan Agreement to el-
~ect the making of the loan of the pro-
ceeds of sale of the Bonds to the Com-
pany pursuant to Section 1.02 of the
Lender Loan Agreement. In addition,
each Lender is authorized and
designated the Registrar and Paying
Agent of the respective Bonds as set
out in Section 1.08 of the Lender Loan
Agreement.
Section 3. Repayment of Lean. The
Loan Agreement requires the company
in each year to pay amounts as loan
payments sufficient to pay the prin-
cipal of, redemption premium, if any,
and interest on the Bonds when and as
due and the payment of such amounts
by the Company to the Lenders pu~
suant to the Loan Agreement is hereby
authorized, approved and confirmed.
Section 4. Loan Agreement. In order
to provide for the loan of the proceeds
of the Bonds to acquire and equip the
Project and the payment by the Com-
236
pany of amounts sufficient to pay the
principal of and premium, ff any, and
interest on the Bonds, the Mayor and
City Clerk shall execute, acknowledge
and deliver in the name and on behalf
of the Issuer the Loan Agreement in
substantially the form submitted to
the City Council, which is hereby ap-
proved in all respects.
Section 5. Miscellaneous. The Mayor
and the City Clerk are hereby authoriz-
ed and directed to execute, attest, seal
and deliver any and all documents and
do any and all things deemed
necessary to effect the issuance and
sale of the Bonds and the execution
and delivery of the Loan Agreement
and the Lender Loan Agreement, and
to carry out the intent and purposes of
this resolutio~ including the preamble
hereto. In the absence or disability of
the Mayor or City Clerk, the Mayor
pro-Tern or Deputy City Clerk are
authorized and directed to execute,
test, seal and deliver all documents
referred to herein and to do any and all
things necessary to carry out the in-
tent and purposes of this resolution in.
eluding the preamble hereto.
Section 6. Severabillty. The provi-
sions of this resolution are hereby
declared to be separable and i/any sec-
tio~ phrase or provisions shall for any
reason be declared to be invalid, such
declaration shall not affect the validity
of the remainder of the sections
phrases and provisions.
Section 7. Repealer. All resolutions
and parts thereof in conflict herewith
are hereby repealed to the extent o!
such conflict.
Section 8. Effective Date. This
resolution shall become effective ira-
mediately upon adoptio~
Passed, adopted and approved this
18th day of July,1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Klener. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, IIammel,
Klauer, Kluesner, Kronfeldt.
Nays--None,
Prcof of publication, certified to by
the Publisher, on Notice of Pendency
of Resolution of Necessity for con-
struction of Peru Watermain from Ter-
Special Session, July 18, 1983
race heights Mobile Home Park to
Kennedy Court, presented and read.
There were no written objections
received. Tom Manternach, 2820 Nor-
thridge, objected to project. Janaan
Wolf, 654 Kennedy Ct., spoke in sup-
port of the project.
Council Member Deich moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of LeRoy W. Reeg and other
homeowners on Kennedy Ct. re-
questing City to extend Water Service
(extension would be next to Peru Rd.
Watermain project), presented and
Council Member Deich moved that
the petition be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Daich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(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-
ment, and an estimate of the cost for
the Peru Road Watermain.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
slderation 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 all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
Special Session, July 18,1983
237
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 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,
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 18th day of July,
1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daicli moved final
adoption of the Resolution. Seconded
by Council Member Bsurskens. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Daich, Hammel,
Klauer, Kluesner, Kronfeldt,
Nays--None.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 170-83
WHEREAS, proposed plans and
specifications and form of contract for
the Peru Road Watermain 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-
talnlng to public contracts and bonds,
and the time and place fixed for the
hearing of all objections to said plans,
specifications or contract for or cost of
such improvements, said time being
this 18th day of July, 1983; and
WHEREAS, the City Council met in
special session this 18th day of July,
1983, at 7:30 p.m. at the Public
Library Auditorium for the purpose of
hearing all interested parties and con-
aidering any and all objections which
have been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described end
proposed to be mede; and
WHEREAS, aH interested parties
have been given an opportuaity to be
heard and ali 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, specifications, contract
for or cost of said improvement herein
described and proposed to be made, he
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
18th day of Jaly, 1983
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Deich moved adop-
tion of the Resuhitinn. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady,Councll
Members Beurskens, Deich, Hammel,
Klaner, Khiesner, Kronfaidt.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 171-83
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 146-83 which was duly
passed by this Council for the Peru
Read Watermain he and the same are
hereby ordered and constructed by
this Council upon its own motion and
with or without the petition of proper-
ty owners. All the work shall he con-
structed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
238
Special Session, July 18, 1983
improvement be paid from the Water
Depreciation Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Krunfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice to Contrac-
tors of the receipt of proposals for con-
structian of Peru Road Watermain
presented and read.
Council Member Deich moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskans, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
recommending to award contract for
above to W. C. Stewart Construction
presented and read.
Council Member Delch 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, Daich, Hammel,
Klaner, Kinesner, Kronfeldt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 172-83
WHEREAS, sealed proposals have
been submitted by contractors for the
~ c/the peru Rcad Waiermaln
pursuant to Resolution No. 146-83 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 24th day of
June, 1983.
WHEREAS, sealed proposals were
opened and read on the 12th day of Ju-
ly, 1983 and it has been determined
that the bid of W. C. Stewart Con-
struction Co., Inc. of East Dubuque,
Illinois in the amount of $54, 833.07
was the lowest bid for the furnishing
of all labor and materials and perform-
lng the work as provided for the plans
and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque Iowa:
That the contractor for the above-
mentioned improvement be awarded
to W. C. Stewart Construction Co.,
Inc. and the Manager be and is hereby
directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
tract and the approval of the contrac-
tor's bond, the City Treasurer is
authorized and instructed to return
the bid deposits of the unsuccessful
bidders.
Passed, adopted and approved this
18th day of Jniy, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Klue~ner, Kronfeldt.
Nays--None.
Communication of Planning and
Zoning Commission submitting Or-
dinance regarding rezoning of 620-628
and 636 Loras Blvd. from' ID Institu-
tional District to R-4 Multi-Family
Residential District, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt, Carried by~ the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesnar, Kronfeldt.
Special Session, July 18, 1983
239
Nays--None.
An ORDINANCE Amending the
Zoning Map by reclassifying property
at 620-628 and 636 Lores Blvd. from
ID Institutional District to R-4 Multi-
Family Residential District, presented
and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kronfuldt. Carried by the following
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfuldt. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurekans, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Buerskens moved
that a Public Hearing be held on the
Ordinance on August 15, 1983 at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk publish notice
in the manner prescribed by law.
Seconded by Council Member
Kronfeldt, Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel
Klauer, Kinesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting documents providing for
the Iowa St. Parking Ramp Joint
Repairs and Boliard Replacements,
presented and read.
Council Member Beurskans moved
that the communication be received
and filed. Seconded by Council
Member Krenfeldt. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, De/ch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
{Necessity for Improvement)
RESOLUTION NO. 173-8~
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-
fice 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 Iowa Street Parking Ramp - Joint
Repairs and Boliard~ Replacements.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable 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 shah be deemed to
have waived all 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-
cil and are now on file with the City
Clerk. That the cost and expense of
making such improvement w/il be paid
from the Parking Depreciation Fund.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 18th day of Ju-
ly, 1983.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
approval of tho Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskons, Deich, Hammel,
Klauer, Kluesner, Kranfeldt.
Nays-None.
(PrslimlUary Approval of Plans, Etc.)
RESOLUTION NO. 174-83
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs, etc. for
the Iowa Street Parking Ramp - Joint
Repairs and Bollard Replacements,
with the estimated cost of the im-
provement to be $32,911.65, are
hereby approved and ordered filed in
the Office of City Clerk for public in-
spection.
Passed, adopted and approved this
24O
Special Session, July 18, 1983
18th day of July, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolutlon. Seconded
by Council Member Kronfeidt. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
(Fixing Date of Hearing and
Authorizing Advertisement
for Proposals)
RESOLUTION NO. 175-83
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 Iowa Street Parking Ramp
- Joint Repairs and Bollard
Replacements, and
WHEREAS, the proposed Resniu-
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 15th day of
August, 1983, a public hearing will be
held at 7:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of such
hearing 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 day fix-
ed for its consideration, and unless in-
terested persons at the time of the
final consideration of the proposed
Resolution of Necessity have filed ob-
jectinns with the City Clerk, they shall
ha 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 9th day of August, 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 in the Public
Library Auditorium at 7:30 p.m. on
the 15th day of August, 1983.
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution, Seconded
by Council Member Krunfeldt. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting documents providing for
the 1983 Street Lighting and Traffic
Signal Improvements, presented and
read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskena, Ueich, Hammei,
Klauer, Klueenar, Kronfeidt.
Nays--None.
INeeessity for Improvement)
RESOLUTION NO. 176-83
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-
ilce of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the 1983 Street Lighting and Traffic
Signal Improvements.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final
Special Session, July 18, 1983
241
consideration of this proposed resolu-
tion have ~ed 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-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and ars now on file with the City
Clerk. That the cost and expense of
making such improvement will be paid
from the Road Uss Tax Fund and
General Obligation Bonds.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 18th day of Ju-
ly, 1983.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammei moved ap-
proval of the Resolution. Seconded by
Council Member Kinesner. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel
Klauer, Klaesner, Kronfeidt.
Nays--None.
RESOLUTION NO. 177-83
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specifics-
tlons, etc. for the 1983 Street Lighting
and Traffic Signal Improvements,
with the estimated cost of the ira-
provement to be $66,798.18, ars
hereby approved and ordered fried in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the resolution. Seconded
by Council Member Kluesnar. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beumkens, Deich, Hammei,
Klauar, Klussner, Kronfeldt.
Nays--None.
(Fixing Date of Hearing and
Authorizing Advertisement
for Proposals)
RESOLUTION NO, 178-83
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 pubhe inspec-
tion for the 1983 Street Lighting and
Traffic Signal Improvements, 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 15th day of
August, 1983, a public hearing will be
held at 7:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of such
hearing 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 day fix-
ed 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 shah
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 constructlon of the improvements
herein provided, to be published in a
newspaper having general circniation
in the City of Dubuque, Iowa, which
notice shah not be less then four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 9th day of August, 1983. Bids shah
be opened and read by the City Clerk
at said time and will be submitted to
the Council for final action at a
meet{ng to be held in the Public
Library Auditorium at 7:30 p.m. on
the 15th day of August, 1983.
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
242
Special Session, Julyl8, 1983
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resohi~ion. Seconded
by Council Member Kluesner. Carried
by the foliowing vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeidt.
Nays--None.
Communication of City Manager
submitting procedural documents for
soliciting bids on a Computer Directed
Information and Control System for
the Dept. of Public Works, Water Divi-
sion, presented and read.
Council Member Banrskens moved
that the communication be received
and filed. Seconded by Council
Member Klueaner. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Banrskens, Deich, Hammel,
Klauer, Kluesner, Kronfeidt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 179-83
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-
ment, and an estimate of the cost for
the Computer Directed Information
and Control system.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable 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 ha can-
strutted and done in accordance with
the plans and apeeifications 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 such improvement will ha paid
from the water Construction Fund.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 18th day of Ju-
~y, t983.
Approved and placed on file for final
action.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
approval of the Resolution. Seconded
by Couneil Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--Nane.
(Preliminary Approval of
Plans, Etc.)
RESOLUTION NO. 180-83
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs, etc. for
the COMPUTER DIRECTED IN-
FORMATION AND CONTROL
SYSTEM with estimated amount to
be 5120,000, are hereby approved and
ordered ~ed in th~e~Office of the City
Clerk for public inspection.
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
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 Brady,Council
Members Beurskens, Deich, Hammei,
Klauer, Kluesner, Kronfeidt.
Nays--None.
(Fixing Date of Hearing)
RESOLUTION NO. 181-83
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-
rico of the City Clerk for public inspec-
tion of the Computer Directed Infor-
matlon and Control System, and
WHEREAS, the proposed Resolu-
tion of Necessity for said improvement
Special Session, July 18, 1983
243
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 1st day of
August, 1983, a public hearing will be
held at 7:30 p.m. in the City Council
Chambers at which time interested
persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of such
hearing to be published in a newspaper
having general c~rculatinn in the City
of Dubuque, Iowa, which notice shah
not be less than four days nor more
than twenty days prior to the day fix-
ed for its consideration, and unless in-
terested persons at the time of tho
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.
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammei,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Harold J. Helb-
ing requesting alleviation of Noise pro-
blem with Swiss Valley FarngHilldale
Dairy, presented and read.
Mr. Heibing requested Council help
on tMs.
Council Member Beurskans moved
that the communication be received
and filed and that the matter be refer-
red to the City Manager and Legal
Staff. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Banrskens, Deich, Hammei,
Klaner, Kluesner, Kronfeldt.
Nays--None.
Communication of Mayor Brady
recommending positive consideration
of paying $3,000 of cost of Engineer-
lng Study necessary in the reinstate-
ment of the Amtrak Railroad Service
between Dubuque and Chicago,
presented and read.
Council Member Beurskans moved
that they authorize the City to expend
up to $3,000 so as to assist with
engineering study for the reinstate-
ment of Amtrak between Dubuque
and Chicago. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady,Council
Members Beerskens, Deich, Klauer.
Nays--Council Members Hammei,
Khiesner, Kronfeldt.
Communication of Third Ward
Council Member Deich requesting
discussion on the removal of the Eagle
Point Entry Fees, presented and read.
Ann Michalski, Wm. Dix, Mr. Otter-
bach, Brenda Berual, Cathy Ford, Bud
Isenhart, Debra Schuelier, Chris
Fulimer, Lincoln Frye, Julie Gillen-
water, Richard Richards, Lynn Marie
Brown, Elaine Nichols, Jane Lindauer,
and Shelly Breitbach voiced objection
to Eagle Point vehicle entry fees.
Klm Baken stated she was in favor
of the fees.
Council Member Deich moved that
the communication be received and fil-
ed and they rescind the vehicle entry
fee at Eagle Point Park. Seconded by
Council Member Klauer. Vote on the
motion was as follows:
Yeas--Council Members Deich,
Klaner, Kluesner.
Nays--Mayor Brady, Council
Members Beurskens, Hammel,
Kronfeidt.
MOTION FAILED.
Communication of City Manager
submitting Park Fee Statistics,
presented and read.
Council Member Deich moved that
the communication be received and fil-
ed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammei,
Klauer, Klueaner, Kronfeldt.
Nays--None.
Council Recessed at 10:02 P.M.
Council Reeonvened at 10:15 P.M.
Communication of J. Bruce
Meriwether, Chairperson of the Dubu-
que Economic Development Steering
Committee pertaining to City financial
condition, presented and read.
244
Special Session, July 18, 1983
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Council Members Beurskens
Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Members Deich, Klauer.
Bruce Meriwether spoke to the com-
munication.
Mayor Brady requested that he be a
member of the steering committee.
Mary Correll, of Miner Rd,, voiced a
transportation concern.
RESOLUTION NO. 182-83
A Resolution Approving an Agree-
ment for Economic Development Sar.
vices with the Dubuque Area Chamber
of Commerce as Administrative Agent
for an Economic Development Steer-
ing Committee
WHEREAS, the City Council of the
City of Dubuque, Iowa desires to main-
tain an economically viable communi-
ty by encouraging private sector
development which produces jobs for
the unemployed and expands job op-
portunities for persons of low and
moderate income; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that a program of economic develop-
ment research and the promotion of
economic development opportunities
through the provision of services to
local business and industry and
through the recruitment of new firms
to the Dubuque labor market is a
necessary element in a program of
economic enhancement; and
WHEREAS, the Dubuque Area
Chamber of Commerce is the ad-
ministratlve agent for an Economic
Development Steering Committee
composed of representatives of the
County of Dubuque, the Dubuque
Area Industrial Development Cor-
poration, the United Labor particlpa-
tion committee, the Chamber of Com-
merce and the City of Dubuque; and
WHEREAS, the City of Dubuque
has budgeted and committed certain
Community development Block Grant
funds for the support of the objectives
and activities noted above; and
WHEREAS, the Dubuque Area
Chamber of Commerce by virtue of its
experience and other professional
qualifications and acting on behalf of
the Economic Development Steering
Committee, has proposed to enter into
an Agreement for the provision of
economic development services hereto
attached and marked Exhibit "A".
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Agreement for
Economic Development Services,
hereto attached and marked Exhibit
"A" is hereby approved and the Mayor
is hereby authorized and directed to
execute said Agreemen~
Section 2. That the City Manager be
and he is hereby authorized to make
such payments to the Dubuque Area
Chamber of Commerce as are provided
for in the aforesaid Agreement, in an
amount not to exceed $3~000, from
Community Development Block Grant
funds as provided for in the FY'84
budget, according to the terms and
conditions for payment set forth in
said Agreement.
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Members Deich, Klauer.
Council Member Deich moved that
the Mayor be a member of the Steering
Committee. Seconded by Council
Member Kloner. Vote on the motion
was as follows:
Yeas--Mayor Brady, Council
Members Deich, Hammel.
Nays--Council Members Beurskens,
Hammel, Kluesner, Kronfuldt.
MOTION FAILED.
Communication of City Manager
submitting Ordinance providing for a
further reduction in Garbage and Rub-
bish Fees when the head of the
household is 65 years of age or older,
~resented and read.
Special Session, July 18, 1983
245
Council Member Beurskens moved
that the communication be received
and Iiled. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Krunfeldt.
Nays--None.
ORDINANCE NO. 35-83
AN ORDINANCE AMENDING
CODE OF ORDINANCES BY ENAC-
TING A NEW SECTION 17-36 (al (2)
PROVIDING FOR A REDUCTION
IN GARBAGE AND RUBBISH
FEES WHEN THE HEAD OF A
HOUSEHOLD IS 65 YEARS OF
AGE OR OLDER, presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Harnmel,
Klauer, Klueenor, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 35-83
AN ORDINANCE AMENDING THE
('ODE OF ORDINANCES OF THE
IqTy OF DUBUQUE, IOWA BY
IIEPEALING SECTION 17-36.(a)(2)
THEREOF AND ENACTING A
NEW SECTION 17-36.(a)(2) IN LIEU
THEREOF PROVIDING FOR A
BEDUCTION IN GARBAGE AND
RUBBISH FEES WHEN THE
HEAD OF A HOUSEHOLD IS
SIXTY~FIVE YEARS OF AGE OR
OLDER.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Section 17-
36.la)(2) thereof and enacting a new
Section 17-36.(~l(2) in lieu thereof as
lbllows:
"Sec. 17-36. Charges - Amounts;
Exceptions (a)
(2) Class I premises when the head
of a household is sixty-five (65) years
or older and with a per family income
of seven thousand, seven hundred
eighty-five ($7,785.00) or less, may,
upon application, be exempted from
one-half tile established collection
charge. Subsequent to initial applica-
tion and el~bility, annual application
must be rr, ade on July first of each
year to verify annual income and eligi-
Passed, approved and adopted this
18th day of July, 1983.
ATTEST: James E. Brady
Mary A. Davis Mayor
City Clerk
Published officially in the Telegraph
Herald this 29th day of July, 1983.
It 7/29 Mary A. Davis
City Clerk
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
K]auer, Kluesner, Kronfeldt.
Nays--None.
Communlcatlon of City Manager
recommending final acceptance of
Resurrection Church Sanitary Sewer
project and submitting supporting
documents, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
f~llowing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Nays--Cnancil Member Kronfeldt.
Final Estimate
City of Dubuque, Iowa
RESOLUTION NO. 184-83
WHEREAS, the contract for the
RESURRECTION CHURCH
SANITARY SEWER has been com-
pleted and the City Engineer has sub-
mitted his final estimate showing the
cost thereof including the cost of
estimates, notices, inspection, and
preparing the assessment and plan,
now therefore,
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE: that the cost of said improve-
ment is hereby determined to be
246
Special Session, July 18, 1983
5162,112.45. That $140,697.00 of the
cost thereof shall be assessable upon
private property and $1~,415.45 shall
be paid from the Sanitary Sewer Con-
struction Fund of the City of Dubu-
que, Iowa.
Passed, adopted and approved this
18th day of Jniy, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Klusener.
Nays--Council Member Kronfeldt.
(A Resolution Accepting
Improvement and Directing the
Clerk to Publish Notice)
City of Dubuque, Iowa
RESOLUTION NO. 183~3
WHEREAS, the contract for the
RESURRECTION CHURCH
SANITARY SEWER has been com-
pleted and the City Manager has ex-
amined the work and filed his cer-
tlficato stating that the same has been
completed according to the terms of
the contract, plans and specifications
and recommends its acceptance, now
thoro,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
the recommendation of the City
Manager be approved and that said
improvement be and the same is
hereby accepted and the City Engineer
be and is hereby directed to prepare a
plat and schedule showing the lots or
parcels of real estate subject to assess-
ment for said improvement and file the
same in the office of the City Clerk
subject to public inspection and said
Clerk shall upon receipt of such plat
and schedule publish the notice of the
Council's intention to levy special
assessments therefor, as required by
law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and be is
hereby directed to pay to the contrac-
tor from the funds to be realized from
the sale of special assessment bonds
issued upon the above described
improvement in amount equal to the
same of his contract.
Passed, adopted and approved this
18th day of Jniy, 1983
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Hammai 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--Co~lncil Member Kronfeldt.
RESOLUTION NO. 185-83
Resolution Adopting the Finni Assess-
ment Schedule for the Resurrection
Church Senitery Sewer, Including
Certain Information Required by the
Code of Iowa, Specifically, the
Number of Annual Inctalhnents into
which Assessments are Divided, the
Interest on ali Unpaid Installments,
the Time when the Assessments are
Payable and Directing the Clerk to
Certify the Final Schedule and to
Publish Notice Thereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA: that after full consideration of
the final schedule of assessments and
accompanying plat showing the
assessments proposed t° be made for
the construction of the Resurrection
Church Sanitary Sewer, under con-
tract with Northwestern Develop-
ment, Inc., of East Dubuque, Illinois,
final plat and schedule was ~ed in the
office of the City Clerk on the 13th day
of July, 1983, that said schedule of
assessments be and the same is hereby
approved and adopted.
That there be, and is hereby assess-
ed and levied as a special tax against
and upon each of the lots, the rcepec-
tire sums indicated. Provided further,
that the amounts shown hi said final
Schedule of assessments as deficien-
ales are found to be proper and are
levied conditionally against the respec-
tire properties benefitted by the tm-
provements as shown in the schedule,
subject to the provisions Of Section
384.63, Code of Iowa. Said
assessments against said lots are
hereby declared to be in proportion to
the special benefits conferred and nQt
in excess of twenty-five percent of the
Special Session, July 18, 1983
247
value of same.
Said assessments shah be payable at
the Office of the County Treasurer of
Dubuque County, Iowa, and the same
may be paid there in full or in part and
without interest within thirty days
after the date of the first notice of the
final assessment schedule.
That unpaid assessments of $50.00
or more shall be payable in ten equal
annual installments and shall bear in-
terest at the rate of twelve percent per
annum from the date of the acceptance
of the improvements; the first install-
ment of each assessment, or total
amount thereof if it is less than $50.00,
with interest on the whole assessment
from the date of acceptance of the
work by the Council, shall become due
and payable on July 1, 1984, suc-
ceeding annual installments, with in-
terest on the whole unpaid amount,
shall respectively become due on July
1st annually thereafter, and shall be
paid at the same time and in the same
manner as the September serM-annuai
payment of ordinary texas.
That the City Clerk be and is hereby
directed to certify said final plat and
schedule to the County Treasurer of
Dubuque County, Iowa, and to publish
notice of said certification once each
week for two consecutive weeks in the
manner provided in Sectlan 362.3, the
first publication of which shall be not
more than fifteen days from the date
nf filing of the final schedule. The City
Clerk shall also send by certified mail
to property owners whose property is
subject to assessment a copy of said
notice, and mailing to be on or before
the date of the second publication of
the notice, all as provided and directed
by Section 384.60 of the Code of Iowa.
Passed, adopted and approved thins
18th day of July, 1983 /
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Nays--Council Member Kronfeldt.
Proof of publication, certified to by
the Publisher, on Notice to Bidders for
the reconstruction of Peru Road at the
abandoned Chicago & Northwestern
R. R, Crossing, presented and read.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Delch. Carried by the follow-
ing vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
recommending awarding of above to
River City Paving Co., presented and
read.
Council Member Klaner moved that
the communication be received and ffl-
ed. Seconded by Council Member
Delch, Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klaner, Kluesner, Kronfeldt.
Nays--None.
(Awarding Contract)
RESOLUTION NO. 186-83
WHEREAS, sealed proposals have
been submitted by contractors for the
Reconstruction of Peru Read at the
abandoned Chicago Northwestern
Railroad Crossing pursuant to Reeolu-
tion No. 110-83 and notice to bidders
published in a newspaper published in
the City of Dubuque, Iowa on the
14th, 21st and 28th day of June, 1983.
WHEREAS, said sealed proposals
were opened and read on the 6th day of
July, 1983 and it has been determined
that the bid of River City Paving Co. of
Dubuque, Iowa in the amount of
$80,087.82 was the lowest bid for the
furnishing of all labor and materials
and performing the work as provided
for in the plans and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contractor for the above-mentioned
improvement be awarded to River City
Paving Co., subject to the concurrence
of the Federal Highway Administra-
tion, and the Manager be and is hereby
directed to executs a contract on
behalf of the City of Dubuque for the
cemplato performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
248
SpecialSession, July 18,1983
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, adopted and approved this
18th day of July,1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kinesnar, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Ordinance in response to
request from James P. Mulgrew,
Mulgrew Off Co. for permission to con-
struct a concrete dock within the r/w
along Terminal St., presented and
read.
Council Member Beurekens moved
that the communication be received
and flied. Seconded by Council
Member Klauer. Carried by the follow-
hig vote:
Yeas--Mayor Brady,Council
Members Beurskena, Delch, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 36-83
AN ORDINANCE AUTHORIZING
MULGREW OIL CO. TO CON-
STRUCT A CONCRETE LOADING
DOCK AT THE MULGREW ICE
PLANT, presented and read.
Council Member Beurskens moved
that the reading just had be con*
sidered the first reading of the Or-
dinance. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Council Members Beurekens,
Deich, Hammel, Klauer, Kluesner,
Kronfeldt.
Nays--Nona.
Abstain--Mayor Brady.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispeneed with. Seconded
by Council Member Kinuer. Carried by
the following vote:
Yeas--Council Members Beurskens,
Deich, Hsmmel, Klauer, Kluesner,
Kronfeldt.
Nays--None.
Abstain--Mayor Brady.
ORDINANCE NO. 36-83
AN ORDINANCE AUTHORIZING
The Mulgrew Oil Company
TO CONSTRUCT a concrete loading
dock
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That The Mulgrew Oil
company as owners of the premises
known as Mulgrew Ice Plant,
Dubuque, Iowa, and legally described
as Lot 1 & 2 of Blk. 17, Dubuque Hat-
bor Company be and they are hereby
grar~ted the revocable permit and
authority to construct and maintain a
concrete loading dock under the terms
and covditions set forth in this Ordi-
Secti~n 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the
City M~nager, and in accordance with
all app!icable state and federal laws
and reg~lations, and the Ordinances of
the City of Dubuque.
Section 5. That the permission
herein granted is expressly conditioned
on permittses' agreement to:
a) A~sume any and all liability for
damages to persons or property which
may result from the existence, loea-
tion, installation, construction or main-
tsnance of said concrete loading dock;
b) Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by mason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the loca-
tion, installation, existence, construe-
tion or maintenance of said concrete
loading dock sustained by any person
or persons, caused by accident or oth-
erwise to defend at its own expense
and on behalf of said City any claim
against the City of Dubuque arising
out of the location, installation, eras-
tence, construction or maintenance of
concrete loading dock and topay rea-
sonable attorney fees therefore; and
c) Indemnify and hold the City of
Dubuque free and harmless from any
and all claims, loss, liability and
expense for death and/or injuries to
third persons or damages t~ property
of third persons, or for damage to any
property of the City of Dubuque which
may occur ss a result of or in connec-
tion with the location, installation,
construction, maintenance and repair
Special Session, July 18, 1983
249
of the facility, work or improvement
permitted herein.
Section 4. That the premission
herein granted is expressly conditioned
upon permlttees' further agreement
that should the right and privilege
herein granted be resc4nded or revoked
by the City Council, permittees, or
their succezzors hi 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
concrete loading dock and in the event
of their failure so to do, the City of
Dubuque shall be authorized to
remove said concrete loading dock at
permlttees' expense and dispose of the
same, and the permittee shall have no
claim against the City or its agents for
damages resulting from the removal of
said concrete loading dock.
Section 8. That permlttees conven-
ant and agree that the revocable per-
mit herein granted does not constitute
an approval of the design, erection,
location, construction, repair or main-
tonancc 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~
sohal injuries and/or property damage
against the permittees arising out of or
in any way connected with the loea-
tion, installation, construction, design,
repair and maintenance of the facil-
ity herein permitted.
Section 6. This Ordinance shall
become effective and the rights here-
under accrue to Mulrew Oil Company
when this Ordinance has been adopted
by the City Council and the terms and
conditions thereof accepted by permit-
tees by acceptance endorsed on this
Ordinance.
Section 7. That the City Clerk be
and she 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,
Iowa.
Passed, approved and adopted this
18th day of July, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 38-83
The undersigned having read and
b~mg familiar with the terms and con-
ditions of Ordinance No. 36-83 hereby,
for themselves, their successors or
assigns, as owners of the abutting prop-
erty, accept the same and agree to be
bound by the conditions and agree-
ments therein contained to be per-
formed by permittees.
Dated: July 13, 1983
BY: Jame~ P. Mulgrew, Pre~dent
Published officially in the Telegraph
Herald newspaper this 22nd day of
July, 1983.
Mary A. Davis
City Clerk
it 7/22
Council Member Benrskens moved
final adoption of the Ordinance.
Seconded by Council Member Kianer.
Carried by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Klauer, Kluesner,
Kronfeldt.
Nays--None.
Abstain--Mayor Brady.
Communication of City Manager
submitting Resolution on preference
of an alternate fo~ improvement of
U.S. 20 - Dodge St. (From Bluff ex-
tended to Concord), presented and
read.
Tim Carr, 1956 St. Joseph St. recom-
mended Alternate L
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Hammel,
Kluesnar, Kronfeldt.
Nays--Council Member Deich,
Klauer.
RESOLUTION NO. 187-83
Resolution Recommending Alternate
I For Improvement of Dodge Street
(U, S. 20)
WHEREAS, the 1990 Transportation
Plan identifies Dodge Street as a ma-
jor corridor moving traffic from the
East to the West of the Dubuque ur-
ban area;
WHEREAS, the Iowa Department
of Transportation is currently design-
lng improvements for the upgrading of
U.S. 20 from the four-lane in Delaware
County to the four-lane in the westerly
edge of Dubuque;
WHEREAS, construction of 61
relocated, with major improvements
at the intersection of Dodge and
Locust Street, is schedule for comple-
tion within the next five years;
WHEREAS, the sufficiency rating
on Dodge Street now is in the range of
14~24 which is considered in a critical
range when measured against any
rating under 50 being considered in
the critical category;
25O
Special Session, July 18, 1983
WHEREAS, the accident rate on
this section of Dodge Street is more
than twice the State average, being
14.04 per mililon vehicle miles;
WHEREAS, Alternate I gives
evidence of reducing the accident rate
by 35-40 percent o£ the present acci-
dent rate;
WHEREAS, Alternate I provides
for a frontage road to faciiltate access
to businesses on the north side of
Dodge Street and also provides for a
necessary grade separation and ira-
proved grade at the intersection at
Dodge and Grandview;
WHEREAS, Alternate I appears to
offer promise of enhancement of the
aesthetic values of Dodge Street cor-
rider;
WHEREAS, Alternate I is pro~
jeered to provide the highest level of
service for accommodation of high
traffic volume; and
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque Iowa:
Section 1. That Alternate I be
selected as the best alternative for pro~
riding a safe and efficient transporta-
tion corridor and facilitating the large
movement of traffic on the EasbWest
corridor through the City of Dubuque,
and to insure a safe and efficient
transportation corridor, the City.Court.
ell of Dubuque respectively urges the
Iowa Department of Transportation to
select Alternate I at grade separation
at Dodge and Grandview.
Section 2. That the Mayor be
directed to execute this resolution in
the name of Dubuque and forward a
copy of it to the Iowa Department of
Transportation as the official position
of the City Council of the City of Duha-
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hanunel moved
adoption of the Resolution as amend-
ed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Hammel,
Kluesner, Krenfeldt.
Nays--Council Members Deich,
Klauer.
An ORDINANCE amending Code of
Ordinances of the City by enacting
new Sections of chapter 9~ in lieu
thereof establishing a Dock Bd. and
delineating its membership, terms of
office and its powers; establishing the
office of Dock Division Manager, and
providing regulations governing boats
and waterfronts, said Ordinance given
first reading at meeting of July 5, 1983
presented for final adoption.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be read at two meetings prior to the
meeting when final action is taken, be
dispensed with. Seconded by Council
Member Kronfeldt. Vote on the mo-
tion was as foilows:
Yeas--Council Members Beurskens,
Hammel, Klauer, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Member Delch.
MOTION FAILED due to lack of a
8A vote as required.
Council Member Klueener moved
that the reading just had be con-
sidered the second reading of the Or-
dinance as amended. Seconded by
Council Member Benrskens. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Hammel, Klauer,
Kluesner, Krenfeldt.
Nays--Council Member Daich.
Communication of City Manager
submitting a Resolution amending
Resolution No. 114-83 to revise the
submission deadline and certain other
dates relevant to the disposition of a
portion of Chaplain Schmitt Memorial
Island, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Eronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Hammel,
Klueener, Kronfeldt.
Nays--Council Members Deicb,
Klauer.
RESOLUTION NO. 188-83
Resolution Amending Resolution No.
114-83 to Revise the Submission
Deadline and Certain Other Dates
Relevant to the Disposition of a
Portion of Chaplain Sehmitt Memorial
Island.
Special Session, July 18, 1983 251
WHEREAS, the City Council by
Resolution No. 114-83 approved the
minimum requirements, competitive
criteria, offering documents and pr~-
cedurce for dispositon of a portion of
Chaplain Schmitt Memorial Island
and
WHEREAS, it has been requested
of the City Council to extend the
deadline for submission of proposals
to allow additional time for prepara-
tion by potential developers; and
WHEREAS, the City Council
believes that it is in the public interest
to extend said deadline.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That Resolution No.
114-83 be amended as follows:
a)By revising Section 6. thereof to
provide that a meeting to clarify sub-
mission procedures, to respond to
developer questions and to provide
assistance in the formulation of pro-
posals shall be held at 10.~0 ~m. on
August 30, 1983 in lieu of June 3, 1983.
b)By revising Section 6. thereof to
provide that any other inquiries must
be made in writing to the City
Manager prior to October 12, 1983 in
lieu of July 6, 1983.
e)By revising Section 8. thereof to
provide that written proposals will be
received at the Office of the City Clerk,
City Hal~ 13th & Centm~ Dubuque,
Iowa 52001, at or before 10:00 mm., Oc-
toher 26, 1983 in lieu of July 20, 1983.
d)By revising Section 10. thereof to
provide that the proposals and the
report of the City Manager will be
presented to the City Council at Z.30
p.m., November 7, 1983 in lieu of
August 1, 1983.
Sectlan 2. That "Exhibit R-A " Info~
mation and Instructions for submit-
ting Proposals for the Schmitt Island
Commercial Recreation Offering be
amended as follows:
a)By revising ZB thereof to provide
that all proposals must be received at
the Offioe of the City Clerk, City Hal~
13th & Central Avenue, Dubuque,
Iowa 52001, no later than 10.~0 am. on
Oetober 2~ 1983 in lieu of July 20, 1983.
b)By r~vising ZG thereof to provide
that a meeting to clarify submission
proeadures, to respond to developer
questions and to provide assistance in
the formulation of proposals will be
held at 10:09 ~n~, August 30, 1983 in
lieu of June $, 1983.
c)By revising ZH thereof to provide
that any other inquiry must be made in
writing to the City Manager, City Hal~
13th & Centra~ Dubuque, Iowa 52001,
prior to October 12, 1983 in lieu of July
6, 1983.
Section 3. That in all other respects
the provisions of Resolution No. 114-83
remain in full effect.
Section 4. That the official notice of
the preceding amendments to Resolu-
tion No. 1144~ shall be a true copy of
this Resolution
Section 5. That the City Clerk be and
is hereby authorized and directed to
secur~ immediate publication of said
official notice in the Telegraph Herald,
a newspaper having a general eircula-
tion in the community, by publication
of the text of this resolution on or
before the 25th day of July, 1983.
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Bsurskens moved
adoption of tbe Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Hammel,
Kluesner, Kronfeldt.
Nays--Council Members Deicb,
Klauer.
Communication of City Manager
submitting documents providing for
the acceptance of the deed for the
Burden Property and designating the
area as a Public Park to be known as
"Four Mounds", presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Deich. Cra'tied by the follow-
ing vote:
Yeas--Mayor Brady,Council
Members Benrskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 18~83
Accepting Court Officer Deed
WHEREAS, the City of Dubuque is
252
Special Session, July 18, 1983
the recipient of a gift from Elizabeth
Adams Burden, deceased, of certain
real estate known as "Four Mounds";
and
WHEREAS, a Court Officer Deed
conveying title to Four Mounds has
been delivered to the City of Dubuque;
and
WHEREAS, the delivery of the
Court Officer Deed should be accepted
and recorded in the permanent records
of Dubuque County.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the delivery of a
Court Officer Deed dated June 15,
1983, executed by Kenneth E. Wei~z
and Mark J. Wlllging, Trust Officers,
First National Bank of Dubuque, and
William ]l~ McLeod and Viola Burden
Lange, ExecuWrs of the estate of
Elizabeth Adams Burden, deceased,
conveying to the City of Dubuque,
Iowa, the following described r~al
estate, be and the same is hereby ac-
eepter~
Lot I of Lot i of Lot 2 of Lot I of Lot
1, and Lot i of Lot i of Lot 2 of Lot 1,
~oth of the Subdivision of' "L~t 1 of
Lot 7 of the SW~ of Section 1, the
SW~ of the NW~ of Section i and
Government Lot i (or Mineral Lot 331)
of Section £ Township 89 North,
Range 2 East of the 5th P.M. "
Lot 2 of the NW~ of the NW~ of
Section 1, Township 89 North, Range 2
East of the 5th P.M.
all in the City o[Dubuque, Iowa, and
Lot 16 of "John Deere Dubuqu~ Tra~
tot Works" in Dubuque Township, and
Lot 2 of LOt I of Lot i of LOt 2 of LOt 2
of Section 2, both in Township 89
North, Range 2 East of th~ 5th P.M., cc-
cording to the United States Govern-
m~nt Survey and the recorded plats
thereof, subject to easements of recora~
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause said Court Officer Deed to be
r~corded in the Office of the Dubuque
County Recorder together with a ce~
tiffed copy of this Reeoiatio~
Section 3. That the City Clerk be and
is hereby authorized and directed to
forward a certified copy of this Eesolu-
tion to the Dubuque City Assessor and
the Dubuque County Recorder.
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfoldt moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
;he following vo~e:
Yeas--Mayor Brady,Council
Members Beurskans, Deich, Hammel,
Klauer, Klueaner, Kronfoldt.
Nays--None.
ORDINANCE NO. 37-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SECTION 27-91
THERETO, PROVIDING FOR THE
DESIGNATION OF THE BURDEN
PROPERTY AS "FOUR MOUNDS",
)recanted and read.
Council Member Kronfeldt 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 Brady,Council
Members Beurskans, Deich, Hammel,
Klauer, Klueaner, Kranfeldt.
Nays--None.
Council Member Kronfeldt 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
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Klueener, Kronfeldt.
Nays--None.
ORDINANCE NO. 37-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SECTION 27-91
THERETO, PROVIDING FOR THE
DESIGNATION OF THE BURDEN
PROPERTY AS "FOUR MOUNDS"
WHEREAS, the City of Dubuque,
in accepting the Burden Property,
agreed to dedicate the property as a
public park to be officially known as
Four Mounds.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
Special Session, July 18, 1983
253
nantes of the City of Dubuque, Iowa,
be amended by enacting a new Sec-
lion 27.91 thereto as follows: Sec. 27-91. Four Mounds
The following described parcels of
real estate shall be used for public park
purpo~s and shall be hereinafter col-
lectively known, called and named
Four Mounds."
Lot I of Lot I of Lot 2 of Lot 1 of
Lot 1, and Lot 1 of Lot 1 of Lot 2 of
Lot 1, both of the Subdivision of: "Lot
I of Lot 7 of the SWV~ of Section 1, the
SW~ of the NWXA of Section 1 and
Government Lot 1 (or Mineral Lot
:~;ll) of Section 1. Township 89 North,
Ilange 2 East of the 5th P.M."
Lot 2 of the NW'J of the NW~ of
~ection 1, Township 89 North, Range 2
East of the 5th P.M.
all in the City of Dubuque, Iowa,
Lot 16 of "John Deere Dubuque
Tractor Works" in Dubuque Town-
ship. and Lot 2 of Lot I of Lot 1 of Lot
2 ,f Lot 2 of Section 2. both in Town~
ship 89 North, Range 2 East of the 5th
I'M.. according to the United States
Government Survey and the recorded
plats thereof, subject to easements of
Fassed, approved and adopted this
l~th day of July, 1983.
ATTEST: James E. Brady, Mayor
Mary A. Davis, City Clerk
Fublished officially in the Telegraph
Herald newspaper this 22nd day of
July, 1983. Mary A. Davis
1! 7/22 City Clerk
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskans, Deich, Hammel,
Klaner, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Resolutions providing for
the Annexation of a portion of the
Burden property, presented and read.
Council Member Klauer moved that
the communication be received and fll-
ed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klauer,
Kinesner, Kronfeldt.
Nays--Canncli Member Beurskens.
RESOLUTION NO. 19/)-83
A Resolution Petitioning the Annexa-
tion of Property to the City of Dubu-
que, Iowa (Burden Property, Part).
WHEREAS, the City of Dubuque,
~owa is the owner of approximately fir-
teen acres of land which is legally
described as follows:
Lot 16 of John Deere Dubuque Trac-
tor Works and Lot 2-1-1-2-2 of SE V4 of
NE V~, all in Section 2, Township 89
North, Range 2 East of the 5th P.M. in
Dubuque Township, Dubuque County,
Iowa.
WHEREAS, said territory is adjoin-
lng but outside of the City of Dubuque
and the City of Dubuque desires to in-
corporate said territory within its city
limits to enable it to secure the
benefits of city government in the way
of police and fire protection and other
municipal services; and
WHEREAS, Chapter 368 of the
Code of Iowa provides that owners of
land adjoining a city may apply in
writing to the Council of the adjoining
city requesting annexation of the ter-
ritory and that said application must
:ontain a map of the territory showing
its location in relationship to the City.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City of Dubuque
as the owner of the hereinabove
described property hereby petitions
that said territory be annexed to the
City of Dubuque, Iowe~
Section 2. That the territory which
the City of Dubuque requests to be an-
nexed is outlined in red on the attach-
ed map marked Exhibit "A" and
which map shows the location of the
property in relationship to the existing
city limits of the City of Dubuque,
Iowa, all in accordance with Chapter
368 of the Code of low~
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klauer,
Klueener, Kronfeldt.
Nays--Council Member Banrskens.
254
Special Session, July 18, 1983
RESOLUTION NO. 191-83
Resolution Annexing Certain Ter-
ritory to the City of Dubuque, Iowa
(Burden Property, pert).
WHEREAS, the City of Dubuque,
Iowa as owner of an area approximate-
ly fifteen acres in size lying immediate-
ly adjacent to the city limits of the Ci-
ty of Dubuque, Iowa now voluntarily
petitions for annexation of said ter-
ritory to the City of Dubuque, Iowa;
and
WHEREAS, Chapter 368 of the
Code of Iowa authorizes the extension
of city limits in situations of this
character by the adoption of a Resolu-
tion; and
WHEREAS, the future growth and
development of the City of Dubuque,
Iowa make it desirable that said ter~
ritory be made part of the City of
Dubuque, Iowa.
NOW, THEREOFRE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the territorial limits
of the City of Dubuque, Iowa be and
they are hereby extended to include
the area comprising the following
d~scribed real estate, to wit:
Lot 16 of John Deers Dubuque Trac.
tot Works and Lot 2.1-1-2-2 of SE ~ of
NE ~, all in Section 2, Township 89
North, Range 2 East of the 5th P.M. in
Dubuque Township, Dubuque County,
The property to be annexed is shown
on the attached map marked Exhibit
"A" with the boundaries of said area
being outlined in red~
Section 2. That the territory hereby
annexed shall become a part of the
Third Ward, First Precinct of the City
of Dubuqu~ low~
Section 3. That the City Clerk be and
she is hereby authorized and directed
to transmit ~ certified copy of this
Resolution to the State Department of
Transportation, the County Recorder,
the Seer~tary of State, and the City
Development Board in accordance
with provisions of chapter 368 of the
Code of low~
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Doich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hanunel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Beurskens.
Communication of City Manager
submitting Ordinance to change the
terms of office for members of the
Civic Center Commission to three (3)
years, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the fullow-
lng vote:
Yeas--Mayor Brady,Council
Members Deich, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Beurskens.
ORDINANCE NO. 38-8~
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SUBSECTION
(d) TO SECTION 10~/~-27 PRO-
VIDING FOR THREE YEAR
TERMS FOR MEMBERS OF THE
CIVIC CENTER COMMISSION,
presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Counc'd Member
Klaner. 'Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klaner,
Kluesner, Kronfeldt.
Nays--Council Member B~urskens.
Council Member Hammel moved
that the rule requiring an Ordinance to
ha presented and read at two meetings
prior to the meethig when final action
is taken, be dispensed with. Seconded
by Counc'd Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klaner,
Kluesner, Kronfeldt.
Nays--Council Member Beurskens.
ORDINANCE NO. 38-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SUBSECTION
(d) TO SECTION 10~-27 PROVID-
Special Session, July 18,1983
255
lNG FOR THREE YEAR TERMS
FOR MEMBERS OF THE CIVIC
CENTER COMMISSION
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by enacting a new Sub-
section (d) to Section 10V~-27 as fol-
lows:
Sec. 10V2-27. Membership, Appoint-
ment
(d) On and after ~uly 18, 1983, the
terms of members of the Commission
shall be for three years. Terms of
those members ori~nally scheduled
to expire June 29, 1984 shall be
extended to expire June 29, 1985, and
terms of those members originally
scheduled to expire June 29, 1985
shall be extended to expire June 29,
1986. Thereafter all terms shall be for
three years."
Passed, approved, and adopted this
18th day of July, 1983.
James E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
July, 1983. Mary A. Davis
It 7/22 City Clerk
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Beurskens.
Communication of Park and Recrea-
tion Commission advising of forming a
"Four Mounds Task Force" and re-
questing consideration for City Coun-
cil representation, presented and read.
Counc'd Member Hammel moved to
receive and file and Mayor to advertise
and state availability of openings for a
Task Force, with applicants to submit
names to the City Clerk. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the City Clerk be designated to
receive and act upon bids for the sale
of General Obligation Bonds to be
received at 1:00 p.m., on Monday,
August 1, 1983, subject to approval
thereof by the City Council at its
meeting at 7:30 p.m. that evening.
Seconded by Council Member Ham-
reel. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
BOARDS & COMMISSIONS
Mechanical Bd- One Three Year
Term which Expires 3-16-83 (Never
Filled by P. Darby). Applicant:
Thomas D. Waish.
Council Member Klaner moved that
Mr. Waish be appointed to the
Mechanical Rd. Seconded by Council
Members Beurskens. Carried by the
following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 192-83
BE IT RESOLVED, By the City
Counc'd 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.
Fitzgerald's Bar X Ltd.
2616 Windsor Ave.
Newt Marine Boat Store
East 3rd Street
Passed, adopted and approved this
18th day of Jniy, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Bearskens. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 198-83
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
256
Special Session, July 18, 1983
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B' BEER PERMIT
Dubuque Chamber o! Commerce
End of Hawthorne St.
CLASS "C" BEER PERMIT
Randall's International, Inc.
2013 Central Ave.
(Also Sunday Sales)
Passed, adopted and approved this
18th day of July, 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-
tied by the following vote:
Yeas--Mayor Brady,Council
Members Bearskens, Delch, Hamme],
Klaner, Klueener, Kronfeldt.
Nays--None.
RESOLUTION NO. 194-83
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
Stats Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "C' (COMMERCIAL)
BEER AND LIQUOR LICENSE
Fitzgerald's Bar X, Ltd.
2616 Windsor Ave.
(Also Sunday Sales)
Curtis L. Gerhard
2186 Central Ave.
Formosa Enterprises, Inc.
2600 Dodge St.
(Also Sunday Sales)
Passed, adopted and approved this
18th day of July, 1983
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the resolution. Seconded
by Council Member Bearskans. Car-
ried by the following vote:
Yeas--Mayor Brady,Council
Members Bearskens, Dcich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Civil Set-
vice Comm. of 6-16 & 6-22, Five Flags
Comm. of 6-27, Planning and Zoning
Comm. of 6-15, Board of Zoning Ad-
justment of 6-9, 6-19, and 6-23, Park
and Recreation Comm. of 7-12,
presented and read.
Council Member Klaner moved that
the minutes be received and filed.
Seconded by Council Member Bear-
skens. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hunnnel,
Klauer, Klueener, Kronfeldt.
Nays--None.
Airport Commission Minutes of 7-1,
presented and read.
Council Member Kronfeldt moved
that the minutes be received and filed.
Seconded by Council Member
Kluesanr. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Bearskens, Deich, Hammel,
Klaanr, Klueener, Kronfeldt.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Telegraph Herald submitting
Court Order regarding appointment of
Community Development Director;
Dale Bird, in amount of $43.39 for per-
sonal belonging damages; Schueller
Bros. in amount of $200 for property
damages; Jack E~ & Winifred W. Mng-
8laon, in undetermined amount for
personal injuries; presented and read:
Council Member Klaanr moved that
Special Session, July 18, 1983
the suits and claims be referred to the
Legal Dept. for investigation and
report. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady,Council
Me~nbers Beurskens, Deich, Hammel,
Klauer, Klaesner, Kronfeldt.
Nays--None.
REFUNDS REQUESTED: Evening
Optimist Club of Dubuque on Class
Perrmt m amount of $225; Charles
J. Spielman, $225 on unexpired Class
"B" Beer Permit, presented and read
Council Member Klauer moved that
the refunds be approved and Finance
Director to issue proper check.
Seconded by Council Member Bear-
skens. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Bearskens, Deich, Hanunel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Assistant City
Attorney Blum recommending settle-
ment of personal injury claim of Helen
Justmann, in the amount of $975,
presented and read.
Council Member Klauer moved that
the communication be received and fil-
ed and settlement approved with
Finance Director to issue proper
check. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hannnel,
Klauer, Klueener, Kronfeldt.
Nays--None.
Communication of City Assessor ad-
vising of settlement of appeals to the
District Court of various properties
owned by Fischer Investment Co. et
al, 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 Bearskens, Deich, Hammel,
Klaanr, Khiesner, Kronfcidt.
Nays--None.
Petition of Ann Micbelski et al (55
signers) requesting to bring about the
stringent enforcement of existing Or-
dianncas regerding Jackson Park,
presented and read.
Ann Micbelski spoke to the petition.
Council Member Kronfeldt moved
257
that this matter be referred to the City
Manager for proper disposition.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady,Council
Members Bearskens, Dcich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Gregory Bertsch
and Eugene A. Neilson submitting
various comments regarding proposed
by-pass, presented and read.
Council Member Klauer moved that
the communication be received and ill-
ed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Klueener, Kronfeldt.
Nays--None.
Communication of City Manager
responding to request of Mr. Richard
Albert, 3200 Central Ave., relative to
vacation of alley north of the intersee-
tion of 32nd and Central Ave.,
presented and read.
Council Member Klauer moved that
the communication be received and fil-
ed. Seconded by Council Member
Beurskans. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klaner, Kluesner, Kronfeldt.
Nays--None.
Communication of Patricla Kuceca
submitting resignation from Park and
Rec. Commission, presented and read.
Council Member Klauer moved that
the conununication be received and iii-
ed and resignation accepted with
regret. Seconded by Council Member
Bearskens. Carried by tho renewing
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Planning and
Zoning commission regarding the
rezoning of Schmitt Island and
transmittal of advanced review of
draft of proposed Commercial Recrea-
tion District, 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:
258
Special Session, July 18, 1983
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hummel,
Kiauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Iowa DOT advis-
ing of proposals to let a sidewalk
repair project on Primary Rd. No. U.S.
52 on August 30th, property lying
within the City of Dubuque and
located at Grandview Ave., presented
and read.
Council Member Klauer moved that
the communication be received and ill-
ed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hummel,
Kiauer, Kluesner, Kronfeldt.
Nays--None.
City Manager submitting June,
1983 Monthly Reports of Finance
Director and City Treasurer,
presented and reed.
Council Member Klauer moved that
the reports be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Hammci,
Klauer, Kiuesner, Kronfeldt.
Nays--None.
Mr. Alfred Polseen, 3515 Crescent
Ridge, objected to the dangerous
overhanging trees & branches on the
Center Grove Bridge.
There being no further business,
Council Member Hanunel moved to ad-
journ. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady,Council
Members Beurskens, Deich, Harnmel,
Kiauer, Kiuesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved__ .1983
Adopted __1983
Mayor
Council Members
ATTEST:
City Clerk
Regular Session, August 1, 1983
259
CITY COUNCIL
OFFICIAL
Regular Session, August 1, 1983.
Council Met at 7:30 p.m., in the
Council Chambers at City Hall.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kiuesner, Kronfeidt, City
Manager W. Kenneth Gearhart, Assis-
tant City Attorney William G. Blum.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
Regular Monthly Meeting of the City
Council called for the purpose to act
upon such business which may proper-
ly come before the Council.
Invocation was given by Rev. Larry
McAlpine, Pastor of Center Grove &
Rockdale Methodist Church.
Proclamation: Week of Aug. 8-14 as
"Dubuque County Fair Week", receiv-
ed by Dan Kruse, of the Dubuque
County Fair Assn., who introduced the
4-H King and Queen, Russ Roling and
Kathy Hflby,
Council Member Kiauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Kiauer, Kluesner, Kronfcidt.
Nays--Nono.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on Pendency of Resolution of Necessi-
ty for Public Improvements for the
Computer Directed Information and
Control System for the Water Divi-
sion, 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 Kronfcidt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Kiauer, Kiuesner, Kronfeldt.
Nays--None.
5Neceseity for Improvement)
RESOLUTION NO. 179-83
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-
ment, and an estimate of the cost for
the Computer Directed Information
and Control System.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sidaration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, speeifica-
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-
cji and are now on file with the City
Clerk. That the cost and expense of
making such improvement will be paid
from the Water Construction Fund.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 18th day of Ju-
ly, 1983.
Approved and placed on file for final
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 tkis 1st day of
August, 1983.
James E. Brady
Mayor
ATTEST~
Mary A. Davis
City Clerk
Council Member Beurskens moved
final adoption of the Resolution.
Seconded by Council Member
Kronfcidt. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kiauer, Kluesner, Kronfeldt.
Nays--None.