1983 September Council Proceedings302
Special Session, August 15, 1983
Regular Session, Se
CITY COUNCIL
OFFICIAL
Regular Session, September 5, 1983.
Council Met at 7:30 o'clock p.m., in
the Council Chambers at City Hall.
No Members of the Council being
present, the meeting was adjourned
subject to call.
Mary A. Davis
City Clerk
Approved 1984
Adopted 1984
Council Members
ATTEST:
City Clerk
,tember 5, 1983
303
Adjourned Regular Session, September 6, 1983
CITY COUNCIL
OFFICIAL
Adjourned Regular Session,
September 6, 1983.
Council Met at 7:30 o'clock p.m., in
the Council Chambers at City Hall.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Assis-
tant City Attorney William Binm.
Mayor Brady read the cail and
stated that service thereof had been
duly made and this is an Adjourned
Session of the Regular Session of
September 5, 1983, called for the par-
pose to act upon such business which
may properly come before the Council.
Invocation was given by Dr. Donald
McKim, Assistant Professor of
Theology, University of Dubuque
Theological Seminary.
PROCLAMATIONS: Month of
September as "Vocation Reh,,a.b~ta-
tion Month" Sept. 5 thru 10 as Umon
Label Week" Nov. 20 thru 27 as "Bible
Week" Week of Sept. 26 as "Dubuque
Community Access Week"
John White of the Iowa Public
Works Assn. presented Frank Mar-
ray, Public Works Director, with the
"Man of the Year" Award.
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kluesner. Carried by the following
yeas--Mayor Brady, Council
Members Boorskens, Deich, Hanunel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing providing for the establish-
merit of the Lower Bluff Street
Historic Preservation District,
presented and read.
There were no written objections
present at the time set for the Hear-
lng. Council Member Klauer moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens. Deich, Hammel,
Klauer, Kluesner, Kronfoldt.
Nays--None.
Communication of 4th Street
Neighborhood Assn. recommending
Lower Bluff St. be incorporated as a
Historic Preservation District AND
Petition of Property Owners (approx.
68%) in the Lower Bluff St. area re-
questing Council to adopt proposed
Ordinance and thereby establish the
Lower Bluff St. District, presented
I read.
Paul Peckosh and .Dorothy Hull
spoke in favor of the proposed designa-
Council Member Klauer moved that
the communication and petition be
received and filed. Seconded by Court-
cil Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Beurskons, Deich. Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 43-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF OR-
DINANCES OF THE CITY OF
DUBUQUE, IOWA BE AMENDED
BY ENACTING A NEW SECTION
6.4 OF CHAPTER 19¼ TO PROVIDE
FOR THE ESTABLISHMENT OF
THE LOWER BLUFF ST.
HISTORIC PRESERVATION
DISTRICT, CONTAINING THE
PROPERTIES HEREIN AFTER
DESCRIBED, AND PURSUANT TO
THE REQUIREMENTS OF
CHAPTER 19¥~, OF THE CODE OF
ORDINANCES, SAID ORDINANCE
HAVING BEEN presented and read
at the Council Meeting of July 5, 1983,
presented for final adoption.
ORDINANCE NO 43-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES OF THE CITY OF
DUBUQUE, IOWA BE AMENDED
BY ENACTING A NEW SECTION
6.4 OF CHAPTER 19~/~ TO PROVIDE
FOR THE ESTABLISHMENT OF
THE LOWER BLUFF STREET HIS-
TORIC PRESERVATION DIS-
TRICT, CONTAINING THE
PROPERTIES HEREINAFTER
DESCRIBED AND PURSUANT TO
THE REQUIREMENTS OF CHAP-
TER 19% OF THE CODE OF ORDI-
NANCES.
WHEREAS, Chapter 19% of the
Cede of Ordinances, City of Dubuque,
Adjourned Regular Session, September 6, 1983
305
Iowa provides for the identification
and designation of historic districts,
upon petition or upon the initiative of
the Historic Preservation Commission;
and
WHEREAS, petitions have been
filed with the Historic Preservation
Commission, requesting designation of
such historic district for properties
located primarily along Bluff Street
from south of Jones Street to the
south of Eighth Street; and
WHEREAS, the Historic Preserva-
tion Commission has heretofore
reviewed the City's 1979 Architectural
Survey describing the architectural
resources of the proposed Lower Bluff
Street Historic Preservation District,
and has made a recommendation in
favor af estabBshing said District; and
~/&rlEREAS, the Planning and ~on-
ing Commission has reviewed the p¥o-
posal and has found it to be consistent
with general development plans and
zoning regulations pertaining to the
proposed District; and
WHEREAS, the City Council has
conducted a public hearing on the pro-
posal to designate the properties
hereinafter described as the Lower
Bluff Street Historic Preservation Dis-
trict, according to provisions of Chap-
ter 19% of the Code of Ordinances, and
all provisions and conditions of said
Chapter 19~/~ have been fulfilled.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Chapter 19~ of the
Code of Ordinances of the City of
Dubuque, Iowa, known as the City of
Dubuque Historic Preservation Ordi-
nance, be amended by enacting a new
Section 6.4 to read as follows:
"Section 19%-6.4 Lower Bluff Street
Historic Preservation District.
(a) DESIGNATED. The properties
hereinafter described are hereby desig-
nated as a historic preservation dis-
trict, according to prbvisions of
Chapter 19% of the Code of Ordi-
nances, to wit:
Beginning at the intersection of
Locust Street and West Seventh
Street; southwest along West Seventh
Street to Bluff Street; northwest along
Bluff Street to the northwest Ii e of
Lot 5-C.L. 653A; southwest along said
line to the southwest line of said lot;
southeast along said line to the north-
west line of the N.50' of Lot 1-1-C.L.
653; southwest along said line to the
northeast line of Cori~ll's Dubuque
Sub.; first southeast then in a clock-
wise manner along said line to West
Fifth Street; southeast along West
Fifth Street; to the northwest line of
the W. 107.5' - W. 170'-C.L. 614; south-
west along said line to the northeast
llne of Cooper Heights Sub.; southeast
along said line and along the northeast
line of Lot I-I-I-I-C.L. 692 to the
north R.O.W. line of West Fourth
Street; eouthwest along said R.O.W.
line and along the northwest line of
Lot 2-1-1-1-C.L. 692 to Raymond
Place; southeast along Raymond Place
to the northwest I/ne of Fenelon Point
Sub.; first northeast then in a clock-
wise manner along said line to the
southwest line of Lot I-E. 78.5'-S. 100'-
C.L. 692; southeast along said line to
West Third Street; southwest along
West Third Street to the southwest
llne of Saint Raphadi's Add.; south-
west along said line to the northwest
line of Lot I-2-C.L, 694; first northeast
then in a clockwise manner along said
line to the northwesterly most line of
Pixler Place; northeast along said line
to the west R.O.W. line of Bluff
Street; southeast across Bluff Street to
the northeast line of C.L. 589A; con-
tinning southeast along the northeast
line of C.L. 589A and the northeast
line of C.L. 589 and the northeast line
of the N. 21'-N.I/~-C.L. 572 to Locust
Street; northeast along Locust Street
to the southwest line of the S.50' - C.L.
568; northwest along said line to BIS-
sell Lane; north along Bissell Lane to
West Fourth Street; northeast along
West Fourth Street to Locust Street;
northwest along Locust Street to West
Seventh Street, the place of Beginning
as described herein.
(b) REVIEW STANDARDS
ADOPTED. The properties within said
described district shall be subject to
the "Secretary of the Interior's Stan-
dards for Historic Preservation
Projects", as adopted by the Historic
Preservation Commission for said
Commission's review procedures that
precede the issuance of a Certificate of
Appropriateness pursuant to Chapter
19¥2 of the Code of Ordinances."
PASSED, APPROVED and
ADOPTED this 6th day of September,
1983.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
September, 1983.
Mary A. Davis
City Clerk
It 9/12
Council Member Klauer moved final
adoption of the Ordinance. Seconded
3O6
Adjourned Regular Session, September 6, 1983
by Council Member Beurskens. Car-
rind 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 Public
Hearing to reclassify property at
south east corner of 15th and Elm
Streets from "Iii Heavy Industrial
District" to "OR-1 Office Residential
District" as requested by Correctional
Services, presented and read.
There were no written objections
received and no oral objectors were
present at the time set for the Hear-
lng.
Dale Nederhoff gave the specifics of
what the facility would be.
William Jamison uncertain what the
state funding cut of 2.8% would mean.
Scott Terhune spoke in favor of the
zoning and facility.
A1 Blum questioned rezoning.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances by revising Ap-
pendix A thereof by reclassiIying pro-
perty at the south east corner of 15th
& Elm Streets from "HI Heavy In-
dustrial District" classification to
"OR-1 Office Residential District"
classification, said Ordinance having
been presented and read at the Council
Meeting of August 15, 1983, presented
for final adoption.
Council Member Klauer moved final
adoption of the Ordinance. Seconded
by Council Member Deich. NO VOTE
TAKEN ON THE MOTION.
Council Member Beurskens moved
to table the Ordinance. Seconded by
Council Member Deich. Carried 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 of Public
Hearing to provide for the establish-
ment of a "CR Commercial Recrea-
tional District" presented and read.
There were no written objections
received and no oral objectors were
)resent at the time set for the Hear-
lng.
Council Member Hammel moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt,
Nays--None.
ORDINANCE NO. 44-83
AN ORDINANCE AMENDING AP-
PENDIX A OF THE CODE OF OR-
DINANCES BY ADDING "CR COM-
MERCIAL RECREATION
DISTRICT" PRESCRIBING
THEREIN A GENERAL PURPOSE
AND DESCRIPTION, PRINCIPAL
PERMITTED USES, ACCESSORY
USES, CONDITIONAL USES, TEM-
PORARY USES, BULK REGULA-
TIONS AND PARKING AND SIGN
REQUIREMENTS, SAID OR-
DINANCE HAVING BEEN
presented and read at the Council
Meeting of August 15, 1983, presented
for final adoption.
ORDINANCE No. 44-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA" BY ENACTING A NEW
SECTION 1-101.4.8 OF ARTICLE I
ADDING "CR COMMERCIAL REC-
REATION DISTRICT" TO THE
LIST OF COMMERCIAL DIS-
TRICTS ESTABLISHED BY THE
ORDINANCE: AND FURTHER, BY
ENACTING A NEW SECTION 4-123
OF ARTICI~E IV CREATING THE
"CR COMMERCIAL RECREATION
DISTRICT", PRESCRIBING
THEREIN A GENERAL PURPOSE
AND DESCRIPTION, PRINCIPAL
PERMITTED USES, ACCESSORY
USES, CONDITIONAL USES, TEM-
PORARY USES, BULK REGULA-
TIONS AND PARKING AND SIGN
REQUIREMENTS: AND FUR-
THER,
BY REPEALING SECTION 5-104.4
OF ARTICLE V AND IN ACTING A
NEW SECTION 5-104.4 OF ARTI-
CLE V TO PROVIDE FOR THE
INCLUSION OF "CR" TO THE
LIST OF DISTRICTS SUBJECT TO
Adjourned Regular Session, September 6, 1983
THE SCHEDULE OF OFF-STREET
PARKING AND LOADING
REQUIREMENTS: AND FUR-
THER, BY AMENDING SECTION
5-105.2 OF ARTICLE V TO PRO-
VIDE REGULATIONS FOR SIGNS
IN THE "CR COMMERCIAL REC-
REATION DISTRICT"
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa" by enacting a new
Section 1-101.4.8 of Article I to wit:
ARTICLE I ESTABLISHMENT
OF DISTRICTS: PROVISIONS FOR
OFFICIAL ZONING MAP AND
INTERPRETATION AND AMEND-
MENT THEREOF
Section 1-101 ESTABLISHMENT
OF DISTRICTS
1-101.4 Commercial Districts
"8. CR Commercial Recreation Dis-
trict"
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by revising Appendix A
thereof, also known as the "Zoning
Ohdinance and Zoning Map of the City
of Dubuque, Iowa" by enacting a new
Section 4-123 of Article IV to wit:
ARTICLE IV DISTRICT REGU-
LATIONS
"Section 4-123 CR COMMERCIAL
RECREATION DISTRICT
4-123.1 General Purpose and
Description
The CR Commercial Recreation
District is intended to provide for com-
mercial recreation facilities, together
with their supporting uses, which gen-
erally require large tracts of land
and/or generate substantial volumes of
traffic.
4-123.2 Principal Permitted Uses
The following uses shall be permit-
ted in the CR District:
1) Amusement centers, parks and
kiddie parks
2) Amusement concessions and con-
ceasinn operators
3) Athletic fields, stadiums and
-sport~ arenas 4) Beaches
5) Bowling alleys
6) Campgrounds and recreational
vehicle parks
7) Coin-operated amusement
arcades
8) Dog racing, kennels, and track
operations
9) Fairgrounds, circuses and carni-
vals
307
10) Golf courses
11) Driving ranges, miniature golf,
pitch and putt
12) Excursion beats and services
13) Health, sports, recreation and
athletic clubs and organizatinns
14) Home racing, breeding and stable
and track operations
15) Motels and hotels
16) Museums, art galleries, botanical
and zoological gardens and arbore-
tums
17) Parking lots and ramps
18) Picnic grounds
19) Pleosure craft harbors
20) Railroad, utility and public uses
21 ) Restaurants
22) Sports and recreational equip-
ment rental and sales
' 23) Swhnming pools
24) Wetlands and wildlife habit
4-123.3 Accessory Uses
Only those uses that are customarily
incidental and subordinate to a prlnci-
pal permitted use shall be allowed as
an accessory use in the CR District.
4-123.4 Conditional Uses
The following conditional uses are
~ermitted in the CR District, subject
to the provisions of Article VI of this
Ordinance:
1) Bars and taverns, other than
accessory uses to a principal permitted
use
2) Drive-In restaurants
4-123.5 Temporary Uses
The following uses shall be permit-
ted as temporary uses in the CR Dis-
trlct
1) (Reserved for future use)
4-123.6 Bulk Regulations
L Lot Area: No minimum
2. Lot Frontage: No minimum
3. Lot Coverage: No maximum
4. Required Front Yard: 35 feet on
arterial streets; 20 feet on other
streets
5. Required Side Yard: None
required
6. Required Rear Yard: 10 feet plus
2 feet per story over the first story
7. Building Height: 100 feet maxi-
mum
4-123.7 Parking Requirements
Off-street parking and loading shall
be provided in conformance with Sec-
tion 5-104 of this Ordinance. 4-123.8 Signs
All ~igm shall conform to the reguin-
tions of Section 5-105."
Section 3. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa" by repealing Sec-
tion 5-104.4 of Article V and by enact-
3O8
Adjourned Regular Session, September 6, 1983
lng a new Section 5-104.4 of Article V,
in lieu thereof, to wit:
ARTICLE V SUPPLEMENTARY
DISTRICT REGULATIONS
"Section 5-104.4 Schedule of Off-
Street Parking and Loading Space
Requirements Adopted
Required off-street parking and
loading spaces for uses within a C-I,
C-2, C-3, C-4, C-7, CR, LI, HI, or PI
District shall be as set forth in Sched-
ule 5-104.4 hereby adopted by reference
and declared to be a part of this Ordi-
Section 4. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by enacting a new
provision in Table 5-105.2 of Article V
to wit:
ARTICLE V SUPPLEMENTARY
DISTRICT REGULATIONS
Section 5-105 SIGN REGULA-
TIONS
Table 5-105.2 Schedule of Compre-
hensive Si n Regulations
Section 5. That the foregoing amend-
ments have heretofore been approved
by the Planning and Zoning Commis-
sion of the City of Dubuque, Iowa.
PASSED, APPROVED AND
ADOPTED this 6th day of September,
1983.
JAMES E. BRADY, MAYOR
ATTEST:
MARY A DAVIS, CITY CLERK
Published officially in the Telegraph
Herald newspaper this 12th day of
September, 1983,
Mary A. Davis
City Clerk
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hanunel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to reclassify Chaplain Schmitt
Memorial Island from "HI Heavy In-
dustrial District" to "CR Commercial
Recreation District", presented and
read.
There were no written objections
received and no oral objectors were
present at the time set for the Hear-
lng.
Council Member Beurshens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Deieh. Carried by the follow-
hag vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, He?reel,
Klauer. Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 45.83
AN ORDINANCE AMENDING AP-
PENDIX A OF THE ZONING OR-
DINANCE TO RECLASSIFY PRO-
PERTY ON CHAPLAIN SCHMITT
MEMORIAL ISLAND FROM "HI
HEAVY INDUSTRIAL DISTRICT"
CLASSIFICATION TO "CR COM-
MERCIAL RECREATION DIS-
TRICT'' CLASSIFICATION, SAID
ORDINANCE HAVING BEEN pre-
ented and read at the Council
Meeting of August 15, 1983, presented
for final adoption.
ORDINANCE NO. 45-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA" BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY ON CHAPLAIN
SCHMITT MEMORIAL ISLAND
FROM HI HEAVY INDUSTRIAL
DISTRICT CLASSIFICATION TO
CR COMMERCIAL RECREATION
DISTRICT CLASSIFICATION.
BY IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nance~ of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordhaance and Zoning Map of the City
of Dubuque. Iowa" to reclassify
hereinafter described property from
AdjOurned Regular Session, September 6, 1983
"HI Heavy Industrial District" classi-
fication to "CR Commercial Recre-
ation District" classification to wit:
Chaplain Schmitt Memorial Island,
a/k/a Area "C" Dubuque Industrial
Park, a/k/a City Island, a/k/a
Schmitt Island, a/k/a Harem Island
in the City of Dubuque, Iowa.
Section 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED this 6th day of Septem-
ber, 1983.
James E. Brady, Ma or
ATTEST:
Mary A. Davis, City Clark
Published officially in the Telagrap~
Herald newspaper this 12th day of'~
September, 1983.
Mary A. Davis
City Clerk
It 9/12
Council Member Bourskens moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by tho following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hannnel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager r~
questing authorization be given to
publish notice of a required Public
Hearing on a proposal to discontinue
the Rehabilitation Commission,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hannnel,
Khauer, Khaesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 21~83
Authorizing the Setting of a Public
Hearing on the Discontinuing of the
Rehabilitation Commission
WHEREAS, the City Council of the
City of Dubuque, Iowa, on June 1,
1983 adopted Ordinance 31-81
transferring the functions of the
Rehabilitation Commission to the
Community Development Commie-
sion; and
WHEREAS, it is in the best interest
of the City of Dubuque to discontinue
the Rehabilitation Commission; and
WHEREAS, Section 392.7 of the
Code of Iowa provides that prior to the
dissolution of the Rehabilitation Com-
mission that the City Council shall
conduct a public hearing on the pro-
posal after which thime such agency
may be discontinued no sooner than
thirty (30) days following the hearing.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Clerk shall
~ublish notice as provided in Section
362.3 of the Code of Iowa of the intent
of the City Council to discontinue the
Rehabilitation Commissio~
Section 2. That the notice shall be in
the form of Exhibit A attached hereto
and made a part hereof
Passed, approved and adopted this
6th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
EXHIBIT A
CITY OF DUBUQUE
NOTICE OF PUBLIC HEARING
The City Council of the City of
Dubuque on September 6, 1983,
adopted Resolution No. 219-83 propos-
ing to discontinue the Rehabilitation
Commission,
A public hearing on this proposal
will bo conducted by the Dubuque City
Council on September 26, 1983 in The
Public Library Auditorium at 7:30
p.m. to obtain public comment on the
proposal.
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurshens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting documents providing for
the procedures for the construction of
the perimeter fencing for the Ball Park
Complex, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
renewing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
310
Adjourned Regular Session, September 6, 1983
INecessity For Improvement)
RESOLUTION NO. 220-83
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 Schmltt Memorial Island
Park and Recreation Complex,
Ballfields Perimeter Fence.
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 thne of the final con-
sideration of this proposed resolution
have filed objections with the City
Cleck to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived ail objections thereto.
Said improvement shah be con-
structed and done in accordance with
the plans and specifications which have
been approved by the City Council and
are now on file with the City Clerk.
That the cost and expense of making
such improvement will be paid from
the General Fund and a Grant from
the Iowa Conservation Commission.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 6th day of
September, 1983.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
approval of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
(Approval of Preliminary Estimate
of Plans, Specs. Etc.)
RESOLUTION NO. 221-83
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs, etc. for
the Chaplain Schmitt Memorial Is-
land Recreation Complex Bailfields
Perimeter Fence, with the estimated
cost of improvement to be $41,949.60,
are hereby approved and ordered filed
in the office of City Clerk for public in-
spection.
Passed, approved and adopted this
6th day of September, 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, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
(Fixing Date of Hearing and
Authorizing Advertisement
for Proposals)
RESOLUTION NO. 222-83
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
rice of the City Clerk for public inspec-
tion for the Chaplain Schmitt
Memorial Island Park and Recreation
Complex, BaHfields Perimeter Fence,
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 3rd day of
October, 1983, a public hearing will be
held at 7:30 p.m. in the City Council
Chambers, City HaH at which time in-
terested persons may appear and be
heard for or against the proposed
plans and specifications, form of con-
tract and cost et 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 circula-
tion in the City of Dubuque, Iowa,
which notice shah not be less than four
days nor more than twenty days prior
to the day fixed for its consideration,
and unless interested persons at the
Adjourned Regular Session, September 6, 1983
311
time of the final consideration of the
proposed Resolution of Necessity have
filed objections with the City Clerk,
they shall be deemed to have waived
all objections 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
hi the City of Dubuque, Iowa, which
notice shah not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 27th day of September, 1983. Bids
shah be opened and read by the City
Clerk at said time and will be submit-
ted to the Council for final action a~ta
meeting to be held in the City CounCil
Chambers, City Hall at 7:30 p.m. on
the 3rd day of October, 1983.
Passed, approved and adopted this
6th day of September, 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, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Petition of Stan Hinke et al (20
signers) requesting a letter of support
from the City Council to convince the
Dubuque County Board of Super-
visors to endorse the proposed license
change for Hills and Dales, presented
and read.
Stan Hinke of 2411 Kaufman, re-
quested Council consider giving letter
of support, giving further specifics of
the situation.
Council Member Klauer moved that
they grant the request and sent a let-
ter to the Board of Supervisors.
Seconded by Council Member Deich.
NO VOTE TAKEN ON THE MO-
TION.
Council Member Kronfeldt 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, Deich, Kluesner,
Kronfeldt.
Nays--Council Me~nbers Hammel,
Klauer.
Petition of John Felderman, Pres. of
Dubuque In Future, Inc. requesting
approval of Appraisal Findings for
pricing of site in the Dubuque In-
dustrial Center, presented and read.
Mr. Felderman, 2222 Simpson,
spoke to the communication.
Council Member Beurskens moved
that the petition be received and filed.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 223-83
A Resolution Approving Appraisal
Findings and Recommendations for
the Pricing of Disposition Sites in the
Dubuque Industrial Center
WHEREAS, the City Council and
the City of Dubuque, Iowa and Dubu-
que In-Future. Inc. have entered into a
Memorandum of Agreement. dated
August 17, 1981; and,
WHEREAS, Section 6 of the
~foresaid Memorandum of Agreement
provides as follows:
"6. The Corporation shall re-
rain qualified rea] estate ap-
praiser to make an appraisal of
the fair market value of the
disposition sites under its con-
troh Fair market value shall be
determined in accordance with
the uses contemplated, the
covenants, conditions and
obligations assumed by the
purchaser or lessee, or by the
comparable value of other sites
suitable for the contemplated
use. Such appraisal shall be ob-
tained within sixty days of the
date of this Agreement and
shall be transmitted to the CI-
TY for its review and approval.
Upon such approval, the state-
ment of appraised fair market
value shall be made a part of
the Disposition Plan. The COR-
PORATION shall cause a re-
appraisal to be made at least
once a year shall submit such
reappraisal to the CITY for its
approval. The CORPORA-
TION shall not dispose of any
real or personal property
through sale, use or location
and shall not enter into con-
tracts or agreements for the
disposition of industrial sites
in the project at less than fair
312
Adjourned Regular Session, September 6, 1983
market value thereof without
the written consent of the
CITY in each case."
WHEREAS, the Board of Directors
of the Dubuque In-Futuro, Inc. has ob-
tained the opinion of Thomas A.
Luksetich, a qualified real estate ap-
praiser, and has requested approval of
a pricing structure for disposition sites
in the Dubuque Industrial Center;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the opinion of
Thomas A. Luksetich, appraiser,
regarding fair market value of disposi~
tion sites in the Dubuque Industrial
Center is hereto attached and is hereby
acknowledged.
Section 2. That the pricing structure
of disposition sites in the Dubuque In-
dastrial Center shall be no less than
$.90 per square foot for industrial uses
and no less than SL25 per square foot
for commercial uses permitted by the
Planned Industrial Zoning District on
lots fronting Radford Road.
Section 3. That the Board of Direc-
tots of Dubuque In-Futuro may utilize
guidelines for pricing disposition sites
above the base prices set forth in Sec-
tlon 2, herein, to reflect, at its disere-
tion, the characteristics of the propos-
ed use, the location and size of the
development parce~ and the prevailing
market conditions at time of sale.
Section 4. That the Board of Direc-
tore of Dubuque In-Futuro, Inc. may
authorize, in specific cases, a refund of
not more than 20% of a purchase
amount made according to the price
schedule set forth in Section 2, above,
where it finds that substantial in-
dustrial construction has occured on a
disposition site within one year of con-
veyance of such site, and the intent of
such purchaser and the characteristic
of such construction is to a¢com-
modato an industrial operation
employing more than 10 persons per
acre acquirea~ and where a substantial
portion of the jobs to be provided may
be available to persons of Iow and/or
moderate income.
Section 5. That the Disposition Plan
attached as Exhibit to the Memoran-
dura of Agreement dated August 17,
1981 between the City of Dubuque,
Iowa and Dubuque In~Futuro, Inc. is
hereby amended by including therein
the statement of fair market value as
set forth above, for the period commen-
cing one year from the date of this
Resolution, according to requirements
of Section 6 of the aforesaid Memoran-
dum of Agreement.
Passed, approved and adopted tkis
6th day of September, 1983.
Jamec E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Buerskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Bearskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Hal~k Waltz re-
questing to address the Council regar-
ding the Dock Commission minutes of
July 27, 1983, presented and read.
Mr. Waltz, George Freund, James
Reynolds, Msgr. Sigwarth, Sandy
Sanderson, all spoke concerning the er-
roneous minutes and the placement of
~ marker on Chaplain Schmitt Island.
Council Member Klauer moved that
the communication be received and fil-
ed and that Staff be directed to form
lease with Chaplain Schmitt Memorial
group and this group to erect marker
as designed and in conjunction with
the Public Works Director, Legal Staff
and Dock Commission and bring back
to Council. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--Council Member Bearskens.
9:50 P.M. Council Recessed.
10:00 P.M. Council Reconvened.
Petition of Ken Schromen, represen-
tative of Chapter 327 of Experimental
Aviation Assn. requesting permission
to land and take off airplanes on the
Northwest Arterial Highway on Oct.
22 and 23, presented and read.
Council Member Beurskens moved
that the petition be approved, subject
to coordination of the City Manager
and Legal Staff and bring back to the
Council Meeting of Sept. 26, 1983 for
further deliberation. Seconded by
Council Member Klauer. Carried by
the following vote:
Adjourned Regular Session, September 6, 1983
313
Yeas--Mayor Brady, Council
Members Seurskens, Klauer,
Kronfeldt.
Nays--Council Members Deich,
Hummel, Klaesner.
Verbal Petition of John L. Schroeder
of 2250 Roosevelt Rd. requesting to
address the Council regarding a zoning
matter on his property, presented and
read.
Mr. Scbroeder requested that the
Council overrule the Zoning Board of
Adjustment's denial.
Council Member Kronfeldt moved
that the matter be received and filed
with the supporting docm~aents and
matter be referred to Staff. Seconded
by Council Member Beurskens. Car-
ried by the following vote: ~
Yeas--Mayor Brady. Council
Members Beurskens, Deich, Hummel,
Klauer. Kluesner, Kronfeldt.
Nays--None.
Petition of Brenda Bernal submit-
ting petitions containing 513
signatures requesting to address the
Council regarding the removal of en-
trance fee on Eagle Point Park AND
Petition of various "Point" district
establishments requesting removal of
the Entrance Fee at Eagle Point Park,
presented and read. Council Member
Klauer moved that the petitions be
received and filed and that fee be
removed from Eagle Point Park.
Seconded by Council Member Deich.
NO VOTE TAKEN ON THE MO-
T/ON.
Council Member Kronfeldt moved
that the petitions be tabled. Seconded
by Council Member Bearskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Deich,
Klauer.
Communication of City Manager re-
questing approval of documents
necessary to finalize transfer of
easements in the Municipal Ice Harbor
area between the Burlington Northern
Railroad Co. and the City, presented
and read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 224-83
Resolution Approving Plat of Agree-
ment Re Alignment, Release and Ira-
position of Easement Rights and
Related Matters.
WHEREAS, the City Council of the
City of Dubuque and its Board of
Dock Commissioners has completed
agreements between the City of Dubu-
que, the Burlington Northern Railroad
Company and the Dubuque County
Historical Society, to realign, release,
exchange, impose easement rights and
finalize agreements pertinent to
development of the riverfront museum
complex located on Third Street and
the operation of the William M. Black
Museum by the Dubuque County
Historical Society in the Dubuque
Municipal Ice Harbor; and
WHEREAS, to finalize easement
agreements in the Municipal Ice Har-
bor area the plat of agreement re align-
ment, release and imposition of ease-
ment rights and related matters, and
the agreement approved and signed by
the Burlington Northern Railroad
Company and the Dubuque County
Historical Society, this agreement pro-
riding for the exchange of easements
through Lot AA of Lot A to the Burl-
ington Northern Railroad from the Ci-
ty of Dubuque with the transfer of the
40' driveway easement to the City of
Dubuque from the Burlington Nor-
thern Railroad Company, as depicted
on the attached plat (marked Exhibit
"A") dated January 19, 1983 and
made a part of this record; and
WHEREAS, the City of Dubuque
Board of Dock Commissioners approw
ed the easement exchange through
Dock Resolutions 4-28-A and 6-29-83;
and
WHEREAS, the City Council of the
City of Dubuque, Iowa approved these
agreements through City Council
Resolution No. 130-82 and City Coun-
cil Resolution No. 155-82; and
WHEREAS, copies of City Council
Resolutions No. 130-82 and No. 155-82
and Dock Resolutions 4-28-A and
6-29-83 are attached hereto and
become a part of this resolution; and
WHEREAS, the City of Dubuque
Board of Dock Commissioners recom-
mends to the City Council the ap-
proval of the described easement ex-
change.
314
NOW, THEREFORE BE IT
DIRECTED by the City Council:
Section 1. That the document
"Agreement Re Alignment, Release
and Imposition of Easement Eights
and Related Matters" marked "Ex-
hibit A ", dated January 19, 1983 and
signed by the Burlington Northern
Railroad Company and the Dubuque
County Historical Society be approv-
ed~
Section 2. That the City Clerk be and
is hereby directed to record and file
this easement exchange with the
copies of the agreements passed,
adopted and approved through City
Council Resolution No. 13082 and No.
155-82.
Passed, approved and adopted this
6th day oI September, 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-
tied by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammet,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 46-83
· AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY ADDING A
NEW "DIVISION 5" OF ARTICLE
II, SEWERS AND SEWAGE
DISPOSAL, TITLED "IN-
DUSTRIAL PRETREATMENT
PROGRAM AND RESCINDING
SUBSECTION (3) OF SECTION 36-32
OF "DIVISION 2" DISCHARGE
REGULATIONS TITLED
DISCHARGE OF HARMFUL SUB-
STANCES (AS AMENDED), SAID
ORDINANCE HAVING BEEN
presented and read at the Council
Meetings of June 6, 1983 and August
15, 1983, presented for final adoption.
ORDINANCE NO. 46-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY ADDING A
NEW !'DIVISION 5', OF ARTICLE
II, SEWERS AND SEWAGE DIS-
POSAL, TITLED INDUSTRIAL
I~RETREATMENT PROGRAM
AND RESCINDING SUBSECTION
(e) OF SECTION 36-32 OF "DIVI-
SION 2" DISCHARGE REGULA-
Adjourned Regul~ Session, September 6, 1983
T~ TITLED DISCHARGE OF
HARMFULSUBSTANCES.
NOW THEREFORE, BE IT
)RDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
}IVISION 5
SECTION 36.70 GENERAL PROVI-
SIONS
(a) Purpose and Policy
This Ordinance sets forth uniform
requirements for direct and indirect
contributors into the wastewater col-
lection and treatment system for the
City of Dubuque, Iowa and enables
the City to comply with all applicable
State m~d Federal laws required by the
Clean Water Act of 1977 (Public Law
95-217) and the General Pretreatment
Regulation (40 CFR Part 403).
The objectives of this Ordinance
are:
(1) To prevent the introduction of
pollutants into the City's wastewater
system which will interfere with the
opertinn of the system or contaminate
the resulting sludges;
(2) To prevent the introduction of
pollutants hito the City's wastewater
system which will pass through the
system, inadequately treated, into
receiving watem or the atmosphere or
otherwise be incompatible with the
system;
(3) To improve the opportunity to
recycle and reclaim wastewaters and
sludges from the system; and
(4) To provide for equitable distri-
hation of the cost of the City's was-
tewater system.
This Ordinance provides for the reg-
uiation of direct and indirect contribu-
tots to the municipal wastewater
system through the issuance of permits
to certain non-domestic users and
through enforcement of general
requirements for the other users,
authorizes monitoring and enforcement
activities, requires user reporting,
assumes that existing customers'
capacity will not be preempted, and
provides for the setting of fees for the
equitable distribution of costs result-
lng from he program established
herein.
This Ordinance shall apply to the
City of Dubuque, Iowa and to persons
outside the corporate boundaries of the
City of Dubuque, Iowa who oxe, by
contract or agreement with the City,
~sers of the City of Dubuque's was-
tewater treatment facility. Except as
otherwise provided herein, the City
Manager of the City of Dubuque, Iowa
s°hall administer, implement and
enforce the provisions of this Ordi-
Adjourned Regular Session, September 6, 1983
315
(b) Definitions
Unless the context specifically indi-
cates otherwise, the following terms
and phrases, as used in this Ordinance,
shall have meanings hereinafter desig-
nated:
(1) Act or "the Act". Federal
Water Pollution Control Act, also
known as the Clean Water Act, as
amended, 33 U.S.C. 1251, et seq.
(2) Approval Authority. The
Director in m~ NPDES state with an
approved State Pretreatment Program
and the Administrator of the EPA in a
non-NPDES state or NPDES state
without an approved State Pretreat-
ment Program.
(5) Authorized Representative of
Industrial User. An authorized repre-
sentative of an industrial user may be:
a principal executive officer of at least
the level of Vice President, if~the
industrial user is a corporation; a gen-
eral partner or proprietor if the indus-
trial user is a partnership or
proprietorship, respectively; a duly
authorized representative of the indi-
vidual designated above if the repre-
sentative is responsible for the overall
operation of the facilities from which
the discharge originates.
(4) Biochemical Oxygen Demana
(BOD)~ The quantity of oxygen uti-
lized in the biochemical oxidation of
orgnuic matter under standard inbora-
tory procedure, measured at 5 days, 20
degrees centigrade, expressed in terms
of concentration (milligrams per liter
(mg/1)).
(5) Building Sewer. A sewer con-
veying wastewater from the premises
of a user into the City's wastewater
system.
(6) Categorical Standards.
National Categorical Pretreatment
Standards or Pretreatment Standards
established by the U.S. Env/ronmental
Protection Agency which applies to a
specific category of Industrlal User.
(7) City. The City of Dubuque, Iowa
or the City Council of the City of
Dubuque, Iowa.
(8) City Manager. The City Man-
ager of the City of Dubuque, Iowa or
his designee.
(9) Cooling Water. The water dis-
charged from any use such as air con-
ditioning, cooling or refrigeration, or to
which the only pollutant added iv
heat.
(10) Control Authority. The term
"control authority" shall refer to the
City Manager of the City of Dubuque,
Iowa.
(11) Direct Discharge. The dis-
charge of treated or untreated was-
tewater directly into the waters of the
State of Iowa.
(12) Environmental Protection
Agency (EPA). The U.S. Environ-
mental Protection Agency, or where
appropriate the term roSy also be used
as a designation for the Administrator
or other duly authorized official of said
Agency.
(13) Grab Sample. A sample which
is taken from a water stream on a one-
, time basis with no regard to the flow
in the waste stream and without con-
sideration of time.
(14) Holding Tank Waste. Any
woste from holding tanks such as ves-
seh, chemical toilets, campers, trailers,
septic tanks and vacuum pump trucks.
(15) Indirect Discharge. The dis-
charge or the introduction of hondo-
mestic pollutants from any source
regulated under Section 307(b) or (c)
of the Act, (33 U.S.C. 1317), into the
POTW (including holding tank wastes
discharged into the system).
(16) Industrial User. A source of
indirect discharge which does not con-
stitute a "discharge of pollutants"
under regulations issued pursuant to
Section 402 of the Act (33 U.S.C.
1342).
(17) Interference. The inhibition or
disruption of the POTW treatment
processes or operations which contrib-
utes to a violation of any requirements
of the City's NPDES Permit. The term
incindes prevention of sewage sludge
use or disposal by the POTW in accor-
dance with Section 405 of the Act (33
U.S.C. 1345) or any criteria, guidelines,
or regulations developed pursuant to
the Solid Waste Disposal Act (SWDA),
the Clear Air Act, the Toxic Sub-
stances Control Act, or more stringent
State criteria applicable to the method
of disposal or use employed by the
POTW.
(18) National Prohibitive Dis-
charge Standard or Prohibitive
Discharge Standard. Any regulation
developed under the authority of Sec-
tion 307(b) of the Act and 40 CFR,
Section 403.5.
(19) New Source. Any source, the
construction of which is commenced
after the publication of proposed reg-
uhtions prescribing a Section 307(c)
(33 U.S.C. 1317) Categorical Pretreat-
ment Standard which will be applica-
ble to such source if such standard is
thereafter promulgated within 120 days
of proposal in the Federal R~qster.
Where the standard is promulgated
later than 120 days after proposal, a
new source means any source, the con-
truction of which is commenced after
the date of promulgation of the stan-
dard.
316
Adjourned Regular Session, September 6, 1983
(20) National Pollution Discharge
EBmination System or NDPES Per-
mit. A permit issued pursuant 'to Sec-
tion 402 of the Act (33 U.S.C. 1342).
(21) Person. Any individual, part-
nership, copartnership, firm, company,
corporation, association, joint stock
company, trust estate, governmental
entity or any other legal entity or their
legal representatives, agents or assigns.
The masculine gender shall include the
feminine, the singular shall include the
plural wbere indicated by context.
(22) pH. The logarithm (base 10) of
the reciprocal of the concentration of
hydrogen ions.
(23) Pollution. The man-made or
man-induced alteration of the chemi-
cal physical, biological or radiological
integrity of the water.
(24) Pollutant. Any dredge spoil,
solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions,
chemical wastes, biological materials,
radioactive matetials, heat, wrecked or
discharged equipment, rock, sand, cel-
lar dirt and industrial, municipal and
agricultural waste discharged into
(25) Pretreatment or Treatment.
The reduction of the amount of poilu-
tants, or the alteration of the nature of
pollutants, the elimination of polhi-
rants, or the alteration of the nature of
pollutant properties in wastewater to
a less harmful state prior to or in lieu
of discharging or otherwise introduc-
lng such pollutants into a POTW. The
reduction or alteration can be obtained
by physical, chemical or biological pro-
cess~s, except as prohibited by 40 CFR
Section 403(d).
(26) Pretreatment Requirements.
Any substantive or procedural require-
ment related to pretreatment, other
than a National Pretreatment Stan-
dard imposed on an industrial user.
(27) Publicly Owned Treatment
Works (POTW). A treatment works
as defined by Section 212 of the Act
(33 U.S.C. 1292) which is owned by the
City. This definition includes any
sewers that convey wastewater to the
POTW treatment plant, but does not
include pipez, ~ewers or other convey-
ance~ not connected to a facility pro-
riding treatment. For the purposes of
this Ordinance, "POTW" shah include
any ~ewars that convey wastewater to
the POTW from pemons outside the
corparate boundaries of the City who
are, by contract or agreement with the
City, u~ers of the City of Dubuque's
wastowater treatment facility.
(28) POTW Treatment Plant. That
portion of the POTW designed to pro-
vide treatment to wastawater.
(29) Shall is mandatory; May is
permissive.
(30) Significant Industrial User.
Any user of the City's wastewater
treatment facility who:
(a) ha.s a discharge flow of 50,000
gallons or more per average work
day; or
(b) has a concentration of BOD
equal to or greater than 300 milli-
grams per liter; or
(c) has a concentration of
suspended solids equal to or greater
than 350 milligrams per liter; or
(d) has a concentration of oil and
greases greater than 150 milligrams
per liter; or
(e) has a pH of tess than 5.5 units
or greater than 10.0 units; or
(f) has in its wastes toxic poilu-
rants as defined pursuant to 40 CFR
Section 403; or
(g) is found by the City, State or
the USEPA to have significant
impact, either singularly or in combi-
nation with other contributing indus-
tries, on the wastewater treatment
system, the quality of sludge, the
system's effluent quality or air emis-
sions generated by the system.
(31) Slug. A contribution that has a
flow rate or contains concentrations or
qualities of pollutants that exceed for
any time petiod longer than 15 minutes
more than 5 times the average 24 hour
concentration, quantities or flow dur-
ing normal operation.
(32) State. State of Iowa.
(33) Standard Industrial Classifi-
cation (SIC). A classification pursuant
to the standard industrial classification
manual issued by the Executive Offing-
of the President, Office of Management
and Budget, 1972.
(34) Storm Water. Any flow occur-
ring or following any form of natural
precipitation and resulting therefrom.
(35) Suspended Solids. The total
suspended matter that floats on the
surface of, or is suspended in water,
wastewater or other liquids, and which
is removable by laboratory filtering.
(36) Toxic pollutant. Any pollutant
or combination of pollutants listed as
toxic in regulations promulgated by
the Administrator of the Environmen-
tal Protection Agency under the provi-
sion of CWA 307 (a) or other Acts.
(37) User. Any person who contri%.
utes, causes or permits the contribu-
tion of wastewater into the City's
POTW.
(38) Wastowater. The liquid and
water-carsied industrial or domestic
wastes from dwellings, commercial
buildings, industrial facilities and instl-
~utions, together with any ground
Adjourned Regular Session, September 6, 1983
317
water, surface water and storm water
that may be present, whether treated
or untreated which is contributed or
permitted to enter the POTW.
(39) Waters of the State. Ail
streams, lakes, ponds, marshes, water-
courses, waterways, wells, springs, res-
ervoirs, aquifers, irrigation systems,
drainage systems and all other bodies
or accumulations of water, surface or
underground, natural or artificial, pub-
lic or private, which are contained
within, flow through, or border upon
the State or any portion thereof.
(40) Wastewater Discharge Per-
mit, As set forth in Section 36.73 of
this Ordinance.
(c) Abbreviations
The following abbreviations shall
have the following designated mean-
ings:
BOD -- Biochemical Oxyge~
Demand
CFR -- Code of Federal Regulations
COD -- ChemicalOxygen Demand
EPA -- Environmental Protection
Agency
I -- Liter
mg -- Milligrams
mg/l -- Milligrams per liter
NPDES -- National Pollutant Dis
charge Elimination System
POTW -- Publicly Owned Treatment
Works
SIC -- Standard Industtial Classifi
cation
S~VDA -- Solid Waste Disposal Act,
42 U,S.C. 6901, et. seq.
USC -* United States Code
TSS -- Total Suspension Solids
SECTION 36.71 REGULATIONS
(a) General Discharge Prohibi-
tions
No user shall contribute or cause to
be contributed, directly or indirectly,
any pollutant or wastewater which will
interfere with the operation or perfor-
mance of the POTW. These general
prohibitions apply to all such users of
a POTW whether or not the user is
subject to National Categurial Pre-
treatment Standards. A user may not
contribute the following substances to
the POTW:
(1) Any liquids, solids, or gases by
which reason of their nature or quan-
tity are. or may be, sufficient either
alone or by interaction with other sub-
stances to cause fire or explosion or be
injurious in any other way to the
POTW or to the operation of the
POTW. At no time shall two suc-
cessive readings on an explosion haz-
ard meter, at the point of discharge
into the system (or at any point in the
system) be more than 5 percent nor
any single reading over 10 percent of
the Lower Explosive Limit (LEL) of
the meter. Prohibited materials
include, but are not limited to gasp-
line, kerosene, naptha, benzene,
toluene, xylene, ethers, alcohols,
ketones, aldehydes, peroxid es,
chlorates, perchlorates, bromates, car-
bides, hydrides and sulfides and any
other substance which the city, State
or EPA has notified the user is a fire
hazard or a hazard to the system.
(2) Solid or viscous substances which
may cause obstructions to the flow in
a sewer or other interference with the
operation of the wastewater treatment
facilities such as, but not limited to
grease, garbage with l~articles greater
than one inch (1') in any dimension,
animal guts or itssues, paunch
manures, bone, hair, hides or fleshings,
entrails, whole blood, feathers, ashes,
cinders, sand, spent lime, stone or mar-
ble dust, metal, glass, straw, shavings,
grass clippings, rags, spent grains, spent
hops, waste paper, wood, plastics, tar,
asphalt residues, residues from refining
or processing of fuel or lubricating oil,
mud, or glass grinding or poll hing
wastes.
(3) Any wastewater hying a pH less
than 5.5 or greater than 10.0 or was-
tewater having any other corrosive
property capable of causing damage or
hazard to structures, equipment and/or
personnel of the POTW.
(4) Any wastewater containing toxic
pollutants in sufficient quantity, either
singularly or by interaction with other
pollutants, to injure or interefere with
any wastowater treatment process,
constituting a hazard to humans or
animals, crest a toxic effect in the
receiving waters of the POTW, or to
exceed the limitation set forth in a
Categurial Pretreatment Standard. A
toxic pollutant shall include but not be
limited to any pollutant identified pur-
suant to Section 307(a) of the Act.
(5) Any noxious or malodorous liq-
uids, gases or solids which either sin-
gularly or by interaction with other
wastes are sufficient to create a public
nuisance or hazard to life or are suffi-
cient to prevent entry into the sewers
for maintenance and repairs.
(6) Any substance which may cause
the POTW's effluent or any other pro-
duct of the POTW such as residue,
sludges or scums to be unsuitable for
reclamation and reuse or to interfere
with the reclamation process. In no
case shah a substance discharged into
the POTW cause the POTW to be in
noncompliance with sludge use or dis-
posal criteria, guidelines or regalations
developed under Section 405 of the
Act; any criteria, guidelines or regula-
318
Adjourned Regular Session, September 6, 1983
tions affecting sludge use or disposal
developed pursuant to the SWDA, the
Clean Air Act, the Toxic Substances
Control Act, or State criteria appHca-
bla to the sludge management method
being used.
(7) Any substance which will cause
the POTW to violate its NPDES Per-
mit or the receiving water quality
standards.
(8) Any wastewater with objection-
able color not removed in the treat-
ment process, such as but not limited
to dye wastes and vegetable tanning
solutions.
(9) Any wastewater having a tom-
perature which will inhibit biological
activity in the pOTW treatment plant
resulting in interference, but in no case
wastewater with a temperature at the
introduction into the POTW which
exceeds 65 degrees Centigrade.
(10) Any polintante, including oxy-
gen demanding pollutants (BOD, etc.)
released at a flow rate and/or pollu-
tant concentration which a user knows
or has reason to know will cause inter-
ference to the POTW. In no case shall
a slug load have a flow rata or contain
concentration or qualities of pollutants
that exceed for any time period longer
than 15 minutes more than 5 times the
average 24 hour concentration, quanti-
ties or flow during normal operation.
(11) Any wastewatar containing any
radioactive wastes or isotopes of such
half-life or concentration as may
exceed limiin established by applicable
State or Federal regulations.
(12) Any wastewater which causes a
hazard to human life or creates a pub-
llc nuisance.
When the City Manager determines
that a truer{s) is contributing to the
POTW any of the above enumerated
substances in such amounts as to
interfere with the operation of the
pOTW, the City Manager shall:
(1) advise the user(s) of the impact
of the contribution to the POTW; and
(2) develop effluent limitation(s) for
such user(s) to correct the interference
with the POTW.
(b) Federal Categorical Pretreat-
merit Standards
Upon the promulgation of the Fed-
eral Categorical Pretreatment Stan-
dards for a particular industrial
subeategory, the Federal Standard, if
more stringent than limitations
imposed under this Ordinance for
sources in that subcategory, shall
immediately supercede the Hmitations
imposed under this Ordinance. The
City Manager shall notify all affected
users of the applicable reporting
requirements under 40 CFR, Section
403.12.
(c) Modification of Federal Cate-
gorical Pretreatment Standards
Where the City's wastewater treat-
ment facility achieves consistent
· emoval of pollutants limited by Fed-
eral Pretreatment Standards, the City
may apply to the Approval Authority
for modification of specific limits in the
Federal Pretreatment Standard. "Con-
slstent Removal" shall mean reduction
in the amount of a pollutant or alters-
tion of the nature of the pollutant by
the POTW to a less toxic or harmless
state which is achieved by the POTW
in 95 percent of the samples taken
when measured according to the proce-
dures set forth in 40 CFR, Section
403.7(c)(2). The City may then modify
pollutant discharge Hmita in the Fed-
eral Pretreatment Standards if the
requirements contained in 40 CFR,
Section 403.7 are fulfilled and prior
approval fr 3 the Approval Authority
is obtained.
(d) Specific Follutant Limitations
No user(s) shall discharge was-
tewater, either singularly or in com-
bination with other user (s),
concentrations of pollutants which
shah exceed the following limitations
as measured at the POTW:
0.04 mg/l Arsenic
0.01 mg/l Cadmium
0.70 mg/l Chromium (Total)
0.20 mg/l Copper
0.14 mg/l Cyanide
5.0 mg/l Iron
0.20 mg/l Lead
0.01 mg/l Mercury
0.10 mg/l Nickel
0.10 mg/l Silver
0.50 mg/l Zinc
150 mg/l Oil and Grease
2.5 mg/l Phenolic Com-
pounds
500 mg/l Toluene
(e) Excessive Discharge or Dihr-
tion
No user shall increase the use of pro-
cess water or, in any way, attempt to
dilute a discharge as a partial or com-
plate substitute for adequate treatment
to achieve compliance with the Hmita-
tions contained in the Federal Categur-
ical Pretreatment Standards, or in any
other polhrtant-specific limitation
developed by the State or City. (f) Accidental Discharges
Each user shah provide protection
from accidental discharge of prohibited
materials or other substances regulated
by this Ordinance. Facilities to prevent
accidental discharge of prohibited
materials shall be provided and main-
rained at the owner's, or user's, cost
and expense. Detailed plans showing
Adjourned Regular Session, September 6, 1983
facilities and operating procedures to
provide this protection shall be sub-
mitred to the City for review, and shall
be approved by the City Manager
before construction of the facility. All
existing users shall complete such a
plan by December 1, 1983. No user
who commences contribution to the
POTW after the effective date of this
Ordinance shall be permitted to intro-
duce pollutants into the system until
accidental discharge procedures have
been approved by the City. Review
and approval of such plans and
operating procedures shall not relieve
the industrial user from the responsi-
bility to modify the user's facility as
necessary to meet the requirements of
this Ordinance. In the case of an acci-
dental discharge, it shall be the respon-
sibility of the user to immediately
talephone and notify the POTW of the
incident. The notification shall include
location of discharge, type of waste,
concentration and volume and correc-
tire action pursued.
Within five (5) days following an
accidental discharge, the user shall
submit to the City Manager a detailed
written report describing the cause of
the discharge and the measures to be
taken by the user to prevent similar
future occurrences. Such notification
shall not relieve the user of any
expense, loss, damage, or other liabil-
ity which may be incurred as a result
of damage to the POTW, fish kills or
any other damage to person or prop-
erty; nor shall notification relieve the
user of any fines, civil penalties or
other liability which may be imposed
by this Article or other applicable
law.
A notice shall be permanently posted
on the user's bulletin board or other
prominent place advising emvloyees
whom to call in the event of an acci-
dental discharge. Employers .shall
insure that all emphiyees who may
cause or suffer such an accidental dis-
charge to occur are advised of the
emergency notification procedure.
Employees shah not be subjected to
any disciplinary action, demotion, sus-
pension or termination in connection
with reporting any accidental dis-
charge.
SECTION 36.72 FEES (a) Purpose
It is the purpose of this chapter to
provide for the recovery of costs from
users of the POTW for the implemen-
ration of the program established
herein. The applicable charges and fees
shall be set forth in the City's Sched-
ule of Charges and Fees.
319
(b) Schedule of Charges and
Fees
The City shall adopt charges and
fees which may include:
(1) Fees for reimbursement of costs
of setting up and operating the Indus-
trim Pretreatment Program.
(2) Fees for monitoring, inspections
and surveillance procedures.
(3) Fees for reviewing accidental dis-
charge procedures.
(4) Fees for permit applications and
renewals.
(5) Fees for filing appeals.
(6) Fees for the consistent removal
(by the POTW) of pollutants other-
wise subject to Federal Pretreatment
Standards.
(7) Other fees as the City may deem
necessary to carry out the require-
mente contained herein.
These fees relate solely to the mat-
rem covered by this ordinance and are
separate from ah other fees chargeable
by the City.
FEE STRUCTURE
(1) A general pretreatment admin-
istration fee shall be assessed each
Wastewator Discharge Permit Holder
in the amount of $0.018 per 100 cubic
feet of wastewator discharged into the
POTW.
(2) Surveillance monitoring and
sample fees shall be assessed each
Wastewator Discharge Permit Holder
in the amount of $0.00 for each sample
collected.
(3) Laboratory testing fees shah be
assessed on actual expenses incurred
for each parameter tested in-house;
and actual expenses incurred pins 100
percent for each parameter tested by
outside laboratories.
(4) Fees for investigating incidents of
program noncompliance or accidental
spills shah be based on time actually
expended at $20.00 per hour.
(5) A Wastewater Discharge Permit
Application Fee shall be assessed each
request for a Wastewater Discharge
Permit in the amount of $100.00.
Annual Wastewator Discharge Permit
Application Renewals shah be assessed
each request in the amount of $50.00.
An additional fee of $100.00 per month
shall be assessed for each month past
the due date of permit renewal.
(6) An appeal filing fee of $250.00
shall be assessed at the time of
appeal.
(7) Any person who discharges to~Jc
substances or effluent into the POTW
which exceed discharge limitations
shah pay the City a fee equal to any
fine, fee, or penalty imposed upon the
City by any Federal or State agency.
320
(8) Fees for the consistent removal
(by the POTW) of pollutants other-
wise subject to Federal Pretreatment
Standards shall be assessed by addi-
tional treatment contracts negotiated
between the City and the Wastewater
Discharge permit Applicant.
SECTION 36.73 ADMINISTRA-
TION
(a) Wastewater Dischargers
It shall be unlawful for any signifi-
cant industrial user to discharge with-
out a permit issued by the City of
Dubuque, Iowa to any natural outlet
within the City, or hi any area under
the jurisdiction of the City of
Dubuque, Iowa, and/or to the POTW
any wastewater except as authorized
by the City Manager in accordance
with the provisions of this Ordinance.
(b) Wastewater Discharge Per-
mits
All significant industrial users pro-
posing to connect to or contribute to
the POTW shall obtain a Wastewater
Discharge Permit before connecting to
or contributing to the POTW. All
existing significant industrial users
connected to or contributing to the
POTW shah obtain a Wsztewater Dis~
charge Permit within 180 consecutive
calendar days after September 6, 1983.
Users required to obtain a Was
tewater Discharge Permit shall com-
plete and file with the City Manager
an application in the form prescribed
by the City and accompanied by a fee
of $100.00. Existing users shall apply
for a Wastewater Discharge Permit
within 90 consecutive calendar days
after the effective date of this 0rdi-
nance, and proposed new users shall
apply at least 90 consecutive calendar
days prior to connecting to or contri-
hating to the POTW. In support of the
application, the user shah submit, hi
units and terms appropriate for evalu-
ation, the following information:
(1) Name, address and location (if
different from the address).
(2) SIC number according to the
Standard Industrial Classification
Manual Bureau of the Budget, 1972,
as amended.
(3) Wastewater constituents and
characteristics including but not llm-
ited to those mentioned in Section
36.71 of this Ordinance. Sampling and
analysis shall be performed in accor-
dance with procedures established by
the EPA pursuant to Section 304 of
the Act and contained in 40 CFR, part
136, as amended.
(4) Time and duration of contribu-
tion.
(5) Average daily and 15 minute
peak wastewater flow rates, including
Adjourned Regular Session, September 6, 1983
daily, monthly and seasonal variations,
if any.
(6) Site plans and details to show all
sewers, sewer connections and appur-
tenances by size, location and eleva-
(7) Description of activities, facilities
and plan processes on the premises
including all materials which are or
could be discharged.
(8) Where known, the nature and
concentration of any pollutants in the
discharge which are gmited by City,
State or Federal Pretreatment Stan-
dards, and a statement regarding
whether or not the Pretreatment Stan-
dards are being met on a consistent
basis and if not, whether additional
pretreatment is required for the user
to meet applicable Pretreatment Stan-
dards.
(9) If additional pretreatment wifi be
required to meet the Pretreatment
Standards, the shortest schedule by
which the user will provide such pre-
treatment.
The following conditions shall apply
to this schedule:
(a) The schedule shall contain
increments of progress in the form
of dates for the commencement and
completion of major events leading
to the constructinn and operation of
additional pretreatment required for
the user to meet the applicable Pre-
treatment Standardr (e.g., hiring an
engineer, completing preliminary
plans, completing final plans, execut-
lng contract, commencing' construc-
tion, etc.).
(b) The total time shall not exceed
two and one-half years.
(c) No later than 14 consecutive
calendar days following each date in
the schedule and the final day of
compliance, the user shall submit a
written progress report to the City
Manager including, as a minimum,
whether or not the user complied
with the increment of progress to be
met on such date and, if not, the
date on which the user expects to
comply with this increment of
progress, the reason for delay and the
steps being taken by the user to
return construction to the schedule
established.
(10) Number of employees, and
hours of operation of plant and pro-
posed or actual hours of operation of
the pretreatment system.
(11) Any other information as may
be deemed necessary by the City to
evaluate the permit application.
The City will evaluate the data fur-
nished by the user and may require
additional information. After evahia-
Adjourned Regular Session, September 6, 1983 321
tion and acceptance of the date fur-
nished, the City Manager may issue a
Wastewater Discharge Permit subject
to terms and conditions provided
herein.
(c)Permit Modification
Within six months of the promulga-
tion of a National Categorical Pre-
treatment Standard, the Wastewater
Discharge Permit of users subject to
such standards shall be revised to
require compliance with such standard
within the time frame prescribed by
such standard. Where a user, subject
to a National Categurial Pretreatment
Standard, has not previously submitted
an application for a Wastewater Dis-
charge Permit as required by this Sec-
tion, the user shall apply for a
Wastewater Discharge Permit within
90 consecutive calendar days after the
promulgation of the applicable
National Categorical Pretreatment
Standard. In addition, the user with an
existing Wastewater Discharge Permit
shall submit to the City manager
within 90 consecutive calendar days
after the promulgation of an applicable
National Categorical Pretreatment
Standard the information required by
paragraphs (8) and (9) under Subsec-
tion (b) of this Section.
(d) Permit Conditions
Wastewater Discharge Permits shall
be expressly subject to all provisions of
this Ordinance and ali other applicable
regulations, user charges and fees
established by the City. Permits may
contain the following:
(1) The unit charge or schedule of
user charges and fees for the was-
tewater to be discharged into the
POTW.
(2) Limits on the average and max-
imum wastewater constituents and
characteristics.
(3) Limits on average and maximum
rate and time of discharge or require-
ments for flow regulation and equaliza-
tion.
(4) Requirements for installation and
maintenance of inspection and sam-
piing facilities.
(5) Compliance schedules.
(6) Requirements for submission of
technical reports or discharge reports
(See Subsection (g) of thls Section).
(7) Requirements for notification of
the City for any new introduction of
wsstewater constituents or any sub-
stantial change in the volume or char-
acter of the wsstewater constituents
being introduced into the POTW.
(8) Requirements for notification of
the City for slug discharges.
(9) Other conditions as deemed
appropriate by the City Manager to
ensure compliance with this Ordi-
(e) Permit Duration
Permits shall be issued for a speci-
fled time period, not to exceed three
years. A permit may be issued for a
period less than one year or may be
stated to expire on a ~pecific date. The
user shall apply for permit reissuance a
minimum of 90 days prior to the
expiration of the user's existing permit.
The terms and conditions of the permit
may be subject to modification by the
City during the term of the permit as
Ihnitations or requirements as identi-
fled in Section 36.71 of this Ordinance
are medified or other just cause exists.
The use shah be informed of any pro-
posed changes in his permit at least 60
days prior to the effective date of
change. Any changes or new conditions
in the permit shall include a reasonable
time schedule for compliance. (~) Permit Transfer
Wastewater Discharge Permits shall
be issued to a specified user for a spe-
cific operation, A Wastewater Dis-
charge Permit shall not be reassigned,
transferred or sold to a new owner,
new user, different premises or new or
changed operation without the
approval of the City.
(g) Reporting Requirements for
Permittee
Within 90 days following the date
for final compliance with applicable
Pretreatment Standards, or in the case
of the discharge into the POTW, any
user subject to Pretreatment Stan-
dards and Requirements shall submit
to the City Manager a report indicat-
lng the nature and concentration of all
pollutants in the discharge from the
regulated process which are limited by
Pretreatment Standards and the aver-
age and maximum daily flow for these
process units in the user facility which
are limited by such Pretreatment Stsn-
dards are being met on a consistent
basis and, ff not, what additional pre-
treatment is necessary to bring the
user into compliance with the appli-
cable Pretreatment Standards. This
statement shall be signed by an
authorized repi~sentative of the Indus-
txial User.
Any user subject to a Pretseatment
Standard, after the compliance date of
such Pretreatment Standard, or, in the
ment of the discharge into the POTW,
shah submit to the City Manager dur-
lng the month of May each year,
unless required more frequently in the
Pretreatment Standard or by the City
Manager, a report indicating the
322
Adjourned Regular Session, September 6, 1983
nature and concentration of pollutants
in the effluent which are limited by
such Pretreatment Standards. In addi-
tion, this report shall include a record
of all daily flows which during the
reporting period exceeded the average
daily flow conditioned by the Was-
tewater Discharge Permit.
The City Manager ~ay impose mass
limitations on users which are using
dilation to meet applicable Pretreat-
ment Standards or in other cases
where the imposition of mass limita-
tions are appropriate. In such cases,
the report required by this Section of
the Ordinance shall include the mass of
pollutants regulated by Pretreatment
Standards in the effluent of the user.
These reports shall contain the results
of sampling and analysis of the dis-
charge including the flow and nature
and concentration, or production and
mass where requested by the City
Manager, of pollutants contained
therein which are limited by the appli-
cable Pretreatment Standards. The fre-
quency of mgnitoring shall be
prescribed by the City Manager. All
analysis shall be performed in accor-
dance with procedures established by
the Administrator pursuant to Section
304(g) of the Act and contained in 40
CFR, Part 136 and amendments
thereto or with other test procedures
approved by the Administrator. Sam-
piing shall be performed in accordance
with the techniques approved by the
City Manager.
(h) Monitoring Facilities
The City shall require to be provided
and operating at the user's own
expense, monitoring facilities to allow
inspection, sampling and flow measure-
ment of the user's wastewater dis-
charge. The moditoring facility will
normally be situated on the user's
premises, but the City may, when such
a location would be impractical or
cause undue hardship on the user
allow the facility to be constructed in
the public right-of-way and located
such that it will not be obstructed.
There shall be ample room in such
sampling manhdie or facility to allow
accurate sampling and preparation of
samples for analysis. The facility, sam-
piing and measurement equipment
shall be maintained at all times in a
safe and proper operating condition at
the full expense of the user. Actual
sampling and data recovery shall be
provided by the City for ultimate use
in determining compliance or noncom-
pliance with the program.
Whether constructed on public or
private property, the sampling and
monitoring facilities shall be provided
in full accordance with the require-
ments of the City Manager and all
applicable local standards and specifi-
cations. Construction of required mon-
itoring facilities shall be completed
within 180 consecutive calendar days
following written notification from the
City Manager.
(i) Inspection and Sampling
The City shall inspect the facilities
of any user to ascertain whether the
purpose of this Ordinance is being met
and all requirements are being cpm-
died with. Persons or oacupanta of
~remises where wastewater is dis-
charged shall allow the City, or their
representative, ready access at all rea-
sonable times to all parts of the prem-
ises for the purposes of inspection,
sampling, records examination or in
the performance of any of their duties.
The City, State and EPA shall have
the right to set up on the user's prop-
erty such devices as are necessary to
conduct sampling inspection, compli-
ance monitoring and/or metering oper-
Where a user has security in force
which would require proper identifica-
tion and clearance before entry into
the premises, the user shall make nec-
essary arrangements with the security
guards so that upon presentation of
suitable identification, personnel from
she City, State and EPA will be per-
mitred to enter, without delay, for the
purpose of performing their specific
responsibilities.
(j) Pretreatment
Users shall provide necessary was-
tewater treatment as required to com-
ply with this Ordinance and shall
achieve compliance with all Federal
Categorical Pretreatment Standards
within the rime limitations as speci-
fied by the Federal Pretreatment Reg-
ulations. Any facilities required to
pretreat wastewater to a level accept-
able to the City shall be provided,
operated and maintained at the user's
expense. Detailed plans showing the
pretreatment facilities and operating
procedures shall be submitted to the
City Manager for review and shall be
acceptable to the City before construc-
tion of the facility. The review of such
plans and operating procedures will in
no way relieve the user from the
responsibility of modifying the facility
as necessary to produce an effluent
acceptable to the City under the provi-
sions of this Ordinance. Any s bee-
quent changes in the pretreatment
facilities or method of operation shah
be reported to and be acceptable to the
City prior to the user's initiation of the
changes.
Adjourned Regular Session, S,
All records relating to compliance
with Pretreatment Standards shall be
made available to officials of the City,
State and EPA upon request.
(k) Confidential Information
Information and data obtained from
reports, questionnaires, permit applica-
tions, permits and monitoring programs
and from inspections shall be availabh
to the public or other governmental
agency without restriction unless the
user specifically requests and is able to
dsmonstrate to the satisfaction of the
City that the release of such informa-
tion would divulge information, pro-
cesses or methods of production
entitled to protection as trade secrets
of the user.
~fhen requested by a person furnish-
lng a report, the portions of a report
which might disclose trade secrete or
secret processes shall not be ]nade
available for inspection by the public
but shall e made available for inspec-
tion upon written request of govern-
mental agencies for uses related to this
Ordinance; provided however, that
such portions of a report shall be
available for use by the State or any
State agency in judicial review or
enforcement proceedings involving the
person furnishing the report. Was-
tewater constituents and characteris-
tics will not be recognized as
confidential information.
Information accepted by the City as
confidential shall not be transmitted
to any governmental agency or to the
general public by the City until and
unless a ten (10) day written notifica-
tion is given to the user.
SECTION 36.74 ENFORCEMENT
(a) Harmful Contributions
The City may suspend the was-
tewater treatment service and Was-
tawater Discharge Permit when such
suspension is necessary, in the opin-
ion of the City Manager, in order to
stop an actual or threatened discharge
which presents an imminent or sub-
stanrial endangerment to the health or
weffare of persons, to the environment,
causes interference to the POTW or
causes the City to violate any condi-
tion of its NPDES Permit_
Any person notified of a suspension
of the wastawatar treatment service
and/or Wastawater Discharge Permit
shall immediately stop or eliminate the
discliarge. In the event of a failure of
the person to comply voluntarily with
the suspension order, the City shall
take such steps as deemed necessary
including immediate severence of the
~tember 6, 1983 323
sewer connection, to prevent or mini-
imze damage to the POTW or endan-
germent to any individuaks. The City
shall reinstate the wastewater treat-
ment service and/or Wastewater Dis-
charge Permit upon proof of the
elimination of the noncomplying dis-
charge. A detailed written statement
submitted by the user describing the
causes of the harmful discharge and
the measures taken to prevent any
future occurrence shall be submitted to
the City Manager within 15 consecu-
tive calendar days of the date of the
(b) Revocation of Permit
Any user who violates the following
conditions of this Ordinance, or appli-
cable State and Federal regulations, is
subject to having the Wastewater Dis-
charge Permit revoked in accordance
with the procedures established in this
Ordinance:
(1) Failure of a user to factually
report the wastewater constituents and
ch. aracteristics of his discharge.
(2) Failure of a user to report sig-
niflcant changes in operations, or was-
tewater constituents and
characteristics of his discharge.
(3) Refusal of reasonable access to
a user's premises for the purposes of
inspecting and monitoring.
(4) Violation of conditions of the
Wastewater Discharge Permit.
(c) Notification of Violation
Whenever the City finds that any
user has violated or is violating this
Ordinance, Wastewater Discharge Per-
mit, or any prohibitive or ]imitation of
requirements contained herein, the
City shall serve upon such user a writ-
ten notice stating the nature of the
violation. Within ten (10) days after
service of the notice, a written plan for
the satisfactory correction thereof shall
ha submitted by the user to the City
Manager.
(d) Show Cause Hearing
The City may order any user who
causes or allows an unauthorized dis-
charge to enter the POTW to show
cause before the City Council why the
proposed enforcement action should
not be taken. A notice shall be served
on the user specifying the time and
place of a hearing to be held by the
City Council regarding the violation,
the reasons why the action is to be
taken, and the proposed enforcement
action, and directing the user to show
cause before the City Council why the
proposed enforcement action should
not be taken. The notice of the hear-
324
Adjourned Regular Session, September 6, 1983
ing may be served by registered or cer-
tified mail (return receipt requested)
but in any event such service shall be
made at least seven (7) days before the
heating. Service may be made on any
agent or officer of the user.
The City Council may itself conduct
the heasing and take the evidence or
may de~gnate the City Manager to:
(1) Issue in the name of the City
Council notices of hearings authoriz-
ing the attendance and testimony of
witnesses and the production of evi-
dence relevant to any matter involv-
ing such hearing;
(2) Take the evidence;
(3) Transmit a report of the evidence
and hearing, including transcripts and
other evidence, together with recom-
mendations to the City Council for
action thereon."
At any hearing held pursuant to this
Ordinance, testimony taken shall be
under oath 'and recorded stenographi-
cally. The transcript, so recorded, will
be available to any member of the
public or any party to the hearing
upon payment of a reasonable charge
therefor.
After the City Council ires reviewed
the evidence, it may issue an order to
the user responsible for the discharge
directing that, following a specified
time period not to exceed 30 consecu-
tire calendar days, the sewer sewice
be discontinued unless and until/ade-
quate treatment facilities, devices or
other related appurtenances shall have
been installed or properly operated.
Further orders and directives as are
necessary and appropriate may be
issued.
(e) Legal Action
If any person discharges wastewatsr
or other wastes into the POTW con-
trary to the provisions of this Ordi.
nance, or any Federal or State
pretreatment requirements, the City
may commence an action for appropri-
ate legal and/or equitable relief.
SECTION 36.675 PENALTY:
COSTS
(a) Civil Penalties
Any user who is found te~have vie-
lated an order of the City Council or
who wilfully or negligently fulls to
comply with any provision of this Ordi-
nance, and the orders, rules, regnia-
tions and permits issued hereunder,
shall be fined not less than $100~00 nor
more than $5,000.00 for each offense.
Each day on which a violation shall
occur or continue shall be deemed a
separate and distinct offense. In addi-
tion to the penalties provided herein,
the City may recover reasonable attor-
ney's fees, court costs, court recorders'
fees and other expenses of litigation by
appropriate suit at law against the
person found to have violated this
Or~ance or the orders, rules, regula-
tions and permits issued hereunder.
(b) Falsifying Information
It shall be unlawful for any person
to knowingly make any false state-
ments, representation or certification
m any application, record, report, plan
or other document filed or required
pursuant to this Ordinance, or Was-
tewater Discharge Permit, or to falsify,
tamper with or knowingly render inac~
curate any monitoring device or
method requi~d pursuant to this Ordi-
(c) Judicial Review
Any person aggrieved by any deci-
sion, action or order under this Ordi~
nance may appeal to the District
Court in and for Dubuque County.
Any such appeal shall be commenced
within 30 days subsequent to such
decision, action, or order being ten-
dered.
SECTION 36.76 SEVERABILITY
If any provision, paragraph, word,
section, or article of this Ordinance is
invalidated by any Court of compe-
tent jurisdiction, the remaining provi-
sloes, paragraphs, words, sections and
articles shall not be affected and shall
continue in full force and effect.
SECTION 39.77 CONFLICT
Subsection (e) of Section 36-32, Dis-
charge of Harmful Substances, and all
other Ordinances and/or parts of other
Ordinances inconsistent or conflicting
with any part of this Ordinance of the
Code of Ordinances of the City of
Dubuque, Iowa are hereby repealed to
the extent of such inconsistency or
conflict.
SECTION 36.78 EFFECTIVE
DATE
This Ordinance shall be in full force
and effect September 15, 1983, after its
final passage, adoption and publication
as provided by law.
PASSED, APPROVED AND
ADOPTED THIS 6th day of Septem-
ber, 1983.
James E. Brady, Mayor
ATTEST:
Mary A. Davis
City Clerk
Adjourned Regular Session, September 6, 1983
Published officially in the Telegraph
Herald newspaper this 19th day of
September, 1983.
Mary A. Davis
City Clerk
Council Member Hammel moved
final adoption of the Ordinance, as
amended. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady. Council
Members Beurskens, Deich, Hannnel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting the Street Finance Report,
presented and read.
Council Member Klauer moved that
the communication be received and fli-
ed. Seconded by Council Member
I-Iammel. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delah, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 225-33
Resolution Approving the City of
Dubuque, Fiscal Year 1983, Street
Finance Report.
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa:
Section 1. That the Street Finance
Report, for the period July 1, 1982 to
June 30, 198~, be and the same is
hereby approved, and that the City
Clerk is hereby authorized and
directed to file said report with the
Iowa Department of Transportation,
on or before September 10, 1983.
Passed, approved and adopted this
6th day of September, 1983.
dames E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
325
submitting Ordinance clarifying the
City Code as to the required meetings
of the Human Rights Commission,
presented and read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Beurskens. Deich, Ham~nel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 47-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING A NEW SECTION 21-23{a) IN
LIEU THEREOF PROVIDING FOR
MEETINGS OF THE HUMAN
RIGHTS COMMISSION, presented
and read.
Council Member Hammel lnoved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Hanunel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Klauer. Carried by
the renewing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich~ Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 47~83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 21-23(a)
THEREOF AND ENACTING A
NEW SECTION 21-23(a) IN LIEU
THEREOF PROVIDING FOR
MEETINGS OF THE HUMAN
RIGHTS COMMISSION
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL, OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nanc~ of the City of Dubuque, own,
be amended by repealing Section 21-
23(a) thereof and enacting a new Sec-
tion 21-23(a) in lieu thereof as follows:
326
Adjourned Regular Session, September 6, 1983
Se~. 21-23. Meetings.
(a) The Commission shall meet not
less than monthly on a regular basis.
passed, approved and adopted this
6th day of September, 1983.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
September, 1983.
Mary A. Davis
City Clerk
It 9/12
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Ktauer.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delck, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing a consensus of City Council
as to a series of legislative statements
for submission to the League of Iowa
Municipalities, presented and read.
Council Member Beurskens moved
that the Council concur with the
issues, as amended, and transmit same
to the League of Municipalities.
Seconded by Council Member Ham-
mel. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
BOARDS AND COMMISSIONS --
Appointments to Dock Bd and Transit
Bd.
Council Member Kronfeldt moved
that the Council withhold appoint-
merits and request additional names
with appointments to be made at the
Council Meeting of September 26,
1983. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Members Deich, Klauer.
TRANSFERS REQUESTED -- Olde
German Bank, Liquor License from
342 Main St. to 7th and Town Clock on
Sept. 17 & 18th; Clarke College Class
"B" Beer Permit from 1500 Clarke Dr.
to Clarke College parking Lot, on
Sept. 10th; David Wetter and Joseph
McGinnie, Liquor License from 951
Main St. to Town Clock Plaza at 7th
St. on September 10, 17, & 18; Nites of
the Square Table, Inc., Class "B" Beer
Permit from Marshall park to Schmitt
Harbor on Sept. 17th & 18th,
presented and read.
Council Member Klauer moved that
the transfers be approved. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
~Iembers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 226-83
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the following having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Tammy A. Edens & Pamela L.
Knourek
Olde German Bank
~42 Main St.
Roberts Food Service Inc,
62 Locust St,
Gene Kopp
1641 Asbury Rd,
Passed, approved and adopted this
6th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beursksns. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Detch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 227-8~
WHEREAS, Applications for Beer
Permits have been submitted and fried
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
Adjourned Regular Session, September 6, 1983
327
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
pilcants a Beer Permit.
CLASS "B" BEER PERMIT
Holy Trinity Parish
1700 Lincoln Ave. ·
(Also Sunday Sales}
Barter of Dubuque, Inc.
Riverview Park
(Also Sunday Sales}
CLASS "C" BEER PERMIT
Family Mart, Inc.
3201 Central Ave.
{Also Sunday Sales)
The Monday Co.
4003 Peru Rd.
(Also Sunday Sales}
Rondall's International, Inc.
3500 Dodge St.
{Also Sunday Sales}
Passed, approved and adopted this
6th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich. Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 228-83
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Liquor License.
CLASS "B" {HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
H. H. of Dubuque, Inc.
3100 Dodge St,
{Also Sunday Sales)
CLASS "C" (COMMERCIAL}
BEER AND LIQUOR LICENSE
Tamie Kenmker
Highway 20 West
glso Sunday Sales}
Jerry Lee James
1899 Rockdale Rd.
{Also Sunday Sa]es}
Happy's Place Inc.
2323 Rockdale Rd.
{Also Sunday Sales)
Hiatt & Schroeder, Tap, Inc.
2401 Windsor
(Also Sunday Sales)
Melvin Spiegelhalter
1029V~ Main St.
(Sunday Sales Only)
Edens & Knourek, Tammy A &
Pamela L.
342 Main St.
(Sunday Sales Only)
William Baum
500 Rhomberg Ave.
(Also Sunday Sales}
Passed, approved and adopted this
6th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Printed Council Proceedings for
month of April, 1983, presented for ap-
proval.
Council Member Beurskens moved
that the proceedings be approved as
printed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 8-5, 8-10 & 8-16; Cable
Regulatory Comm. of 8-17; Cable Tele-
Programming Comm. of 8-16 & 8-23;
Civil Service Commission of 6-30, 7-7
and 7-29; Community Development
Comm. of 8-9; Dock Bd. of 7-28 and
8-17; Five Flags Comm. of 8-15;
328
Adjourned Regular Session, September 6, 1983
Historic Preservation Corem. of 6-28;
Housing Comm. Review Comm. of 8-4;
Housing Comm. of 8-16; Human
Rights Comm. of 6-13; Park & Recrea-
tion Conun. of 8-9; Planning & Zoning
Comm. of 7-6 & 8-3; Public Library of
7-19; Zoning Bd. of Adjustment of
7-21. presented and read.
Council Member Beurskens moved
that the minutes be received and filed.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Transit Bd. submitting Earnings
Statement and Statistics for month of
July, 1983, presented and read.
Council Member Kronfeldt moved
that the Statement be received and fil-
ed. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hanunel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Dubuque County Institu-
tioz~al Accounts requesting approval
presented and read.
Council Member Kronfeldt moved
that the petition be denied and that
the age and infirmity basis be clarified.
Seconded by Council Member Beur-
skens. Vote on the motion was as
follows:
Yeas--Mayor Brady, Council
Members Beurskens, Kronfeldt.
Nays--Council Members Deich,
Hammel, Klauer, Kfuesner.
MOTION FAILED.
Council Member Klauer moved that
the petition be approved. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Council Members Deich,
Hammel, Klauer, Kluesner.
Nays--Mayor Brady, Council
Members Beurskens, Kronfcldt.
NOTICE OF CLAIMS:
Robin M. Kennicker in unknown
amount for tire damages; Jody
Koerperich in amount of $60,000 for
personal injuries; Daniel J. McKernan
in unknown amount for tire and rim
damages; Parkson Corp. requesting
full payment in amount of $28,975.53
as subcontractors for Civil Construc-
tors, Inc.; Mrs. Ray Reiiley in amount
of $139.59 for muffler damages; David
Kintzinger, representing Hilda A.
Welchert, deceased, in amount of
$50,000 for personal injuries;
presented and read.
Council Member Beurskens moved
that the claims be referred to the Legal
Staff for investigation and report.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Legal Dept.
recommending settlement of claims of
Dale L. Bird in amount of $43.39 and
Pamela A. Hubert in amount of
$28.02, presented and read.
Council Member Beurskens moved
that the settlements be approved and
that the Finance Director issue the
proper check. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Legal Dept.
recommending denials of claims filed
by Vivlan L. Herkes; Robert J.
Graham; Jeff Beecher; Joseph C. May;
Leona G. l~icken; Jerry Maro; Clifford
Pfab; James Meisenberg; Paula Trim-
ble; and Thelma Brooks, presented and
read.
Council Member Beurskens moved
that the communicatfun be received
and filed and denials approved.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kfuesner, Kronfeldt.
Nays--None.
Communication of Michael P.
Adjourned Regular Session, September 6,1983
329
Keegan submitting his resignation
from the Dock Commission effective
August 18, 1983. presented and read.
Council Member Beurskens moved
that the communication be received
and filed and resignation accepted
with regret. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammet,
Klauer, Kfuesner, Kronfeldt.
Nays--None.
Petition of American Central
Airlines requesting to consider awar-
ding Tri-State Flight Services the n~v
facilities that would enable them to
centralize their operation in Dubuque,
presented and read.
Council Member Beurskens moved
that the petition be received and filed
and matter referred to the Airport
Commission. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kfuesner, Kronfeldt.
Nays--None.
Communication of Public Works
Director submitting Procedural
Manual for Parking Division,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
fug vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
REFUNDS REQUESTED:
Oky Doky #27, $18.75 on unexpired
Beer Permit, Oky Doky #27 $75 on
unoxpired Cigarette License; Sincere
Enterprises, Inc. $422.50 on unexpired
Liquor License, presented and read.
Council Member Beurskens moved
that the refunds be approved and
Finance Director to issue proper
cliecks. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deicli, HIammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Counsel for Cedar
Rapids Television Co. before FCC re-
questing them to deny KDUB-TV's re-
quest for continued nondupilcation
service, presented and read. Council
Member Beurskens moved that the
communication 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.
Application of American Central
Airlines, Inc. submitting a Certificate
of Public Convenience and necessity
under Section 401 Id)(1) of the Federal
Aviation Act to engage fu interstate
and overseas scheduled air transporta-
tion, presented and read. Council
Member Beurskens moved that the ap-
plication be received and filed and matT
ter referred to the Airport Commis-
sion. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Develop-
ment Board advising annexation of
Iowa National Guard property has
been properly filed and is hereby deem-
ed final, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Ktauer. Carried by the follow-
fug vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel.
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication on Notice of filing
of the final plat and schedule of
~ssessments etc. regarding construc-
tion of Resurrection Church Sanitary
Sewer Project; Notice that the
Grantee performance Report is pro-
perly on file in various offices of the Ci-
ty, presented and read.
Council Member Beurskens moved
that the proofs of publication be
received and filed. Seconded by Coun-
cil Member Klauer. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
330 Adjourned Regular Session, September 6,1983
August 17, 1983
Honorable Mayor and
Members of the City Council
Per a written request of the City
Manager dated May 10, 1983, and in
accordance with Chapter 400 of the
1983 State Code of Iowa, the Civil Set-
vice Commission conducted written
exams on July 7, 1983 and Physical
Agility Tests on July 20, 1983 for the
position of Police Officer (Entrance
Level).
We hereby certify that the following
individuals have successfully passed
both the written and physical agility
tests and are hereby qualified to be
considered for the position of Police
Officer for the City of Dubuq~e.
Michael A. Wilsey
Allen A. Ternent
Patrioia A. Patton
William S. Sullivan
Daniel E. Gausen
Thomas L. Pregler
Kyle R. Johnson
Michael J. Sullivan
John J. Dalton, Jr.
Gary R. Schlosser
Steven J. Theisen
A second list is available for cer-
tification after the above list has been
exhausted.
Respectively submitted,
John E. Hess
Chairperson
Dolores A. ReiMe
Gerald J. Koppes
Civil Service Com~nission
Council Member Beurskens moved
that the communication from the Civil
Service Commission be received and
filed and made a matter of record.
Seconded by Council Member glauer.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Conuuunlcation of Harley F. Stark,
Jr. advising of his intent not to pro-
ceed with a Hearing to which he would
be entitled, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
glauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Mr. Sanderson,
Chairman of the Dock Board submit-
ting concerns regarding potential
establishment of a marker/memorial
on the north easterly tip of Chaplain
SchroAtt Memorial Island, presented
and read.
Council Member Klauer moved that
the communication be received and ill-
ed. Seconded by Council Member
Delch. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Secretary of
Board of Trustees submitting Finan-
cial Report of tile City's Police Pension
Fund, Police Retirement System and
Fire Pension Fund and Fire Retire-
ment System for year ended June 30,
1983, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Iowa Dept. of
Water, Air and Waste Management
submitting their inspection report for
the Dubuque Wastewater Treatment
Phint, presented and read. Council
Member Beurskens moved that the
communication 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.
Wm. Dix presented petitions to the
Council to remove the entry fee to
Eagle Point Park and spoke to the
~etitions, requesting repeal of this fee.
Brenda Bernal addressed the Coun-
cil on the same subject.
Council Member Beurskens left the
Council Chambers at 11:42 P.M. There
being no further business, Council
Member Kronfeldt moved to adjourn.
Seconded by Council Member ttam-
mel. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klauer,
Kluesner, Kronfeldt.
Nays--None.
Adjourned Regular Session, September 6, 1983
Absent--Council Member Beur-
skens.
Mary A. Davis
City Clerk
Approved _1984
Adopted 1984
Mayor
Council Members
ATTEST:
City Clerk
331
332
CITY COUNCIL
OFFICIAL
Special Session, September 14, 1983.
Council Met at 7:30 o~clock p.m., in
the City Hail Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart.
Absent--Assistant 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 consider a reeolu-
tion granting St. Anthony's Church a
Class "B' Beer Permit.
Council Members Beurskens, Ham-
reel and Deich expressed concerns
regarding the availability of beer to
minors and advised Council Members
would work against granting such per-
mits if acts are not cleaned up.
Special Session, Sc ~tember 14, 1983
Yeas--Mayor Brady, Council
fembers Beurskens, Deich, Hammel,
Klauer; Khiesner, Kronfeldt.
Nays--None.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
RESOLUTION NO. 229-83
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
St. Anthony Church
1870 St. Ambrose
IAIso Sunday Sales)
Passed, approved and adopted this
14th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Approved__ 1984
Adopted 1984
Mayor
Council Members
ATTEST:
City Clerk
Special Session, S,
CITY COUNCIL
OFFICIAL
Special Session, September 26, 1983.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich. Hammel,
Klauer. Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
poratlon Counsel William 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 consider a resolu-
tion authorizing the execution of a
memorandum of agreement with ~(m.
C. Brown Company, Publishers and ac-
ting upon such other business which
may properly come before the Council.
Invocation was given by Rev.
PAchard Wailer, St. Thomas of Canter-
bury Anglican Church.
PROCLAMATIONS: Sept. 26 thru
Oct. 2 as "Square Dance Week" receiv-
ed by Bev Sutter; Sept. 26 thru Oct. 2
as "Women's Health Week" received
by Susan Harnish; Oct. 2 thru 8 as
"National 4-H Week" received by Sal-
ly Heacock; Month of October as
"Dubuque Symphony Orchestra
Month"; Oct. 31 as "Trick or Treat
Night".
Council Member Klauer moved to
suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurshens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing proposing the discontinua-
tion of the Rehabilitation Commission,
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays~-None.
~tember 26, 1983 333
Communication of Planning and
Zoning Commission recommending
reclassification of property located at
2124 White St. from R-4 Multi-Family
Residential District to C-4 General
Commercial District as requested by
Lawrence Stockel, presented and read.
Council Member Khiesner moved
that the communication 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.
An Ordinance Amending the Code of
Ordinances by reclassifying property
at 2124 White St. from R-4 Mniti-
Family Residential District to C-4
General Commercial District,
presented and read.
Council Member Kluesner 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--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Kluesner moved
that the rule requiring an Ordinance to
he presented and read at two meetings
)rior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Khiesner moved
that the Ordinance be set for Public
Hearing on Oct. 17, 1983 at 7:30 P.M.
in the Public Library Auditorium and
that the City Clerk be directed to
publish notice in the manner prescrib-
ed by law. Seconded by Council
Member Beurshens. Carried by tho
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Mark C. Falb, on behalf
of Wm. C. Brown Company,
Pablishers, requesting the issuance of
revenue bonds in an amount not to
exceed $3,000,000, presented and read.
Special Session, Se ~tember 26, 1983 335
334
Council Member Hammel 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, Deich, Hammel,
Klauer, Khiesner.
Nays--None.
Abstain--Council Member
Kronfeldt.
Special Session, September 26, 1983
s necessary under the Act
its revenue bonds for such put-
RESOLUTION NO. 230-83
A Resolution authorizing the execu-
tion of a Memorandum of Agreement
with Wra. C. Brown Company,
Publishers
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
revenue bonds for the purpose of
financing tlie 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 facility of a company
that does multistate business; and
WHEREAS, the Issuer has been re-
quested by Wm. C. Brown Company,
Publishers (the "Company") to issue
its revenue bonds pursuant to the Act
for the purpose of fir~ancing the con-
structing and equipping of an addition
to the Company s existing manufac-
turing facility located at 2460
KERPER Boulevard, Dubuque, Iowa,
which addition will contain approx-
imately 128,000 sq. ft., of which ap-
proximately 80,000 sq. ft. will be used
as a warehouse facility, 31,500 sq. ft.
will be used for product distribution
and 16,500 sq. ft. will be used as office
space (the "Project"); and
WHEREAS, a Memorandum of
Agreement in the form and with the
contents set forth in Exhibit A attach-
ed hereto, has been presented to the
Issuer under the terms of which the
Issuer agrees, subject to the provi-
sions of such Agreement, to pursue
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. The Memorandum of
Agreement in the form and with the
contents set forth in Exhibit A attach-
ed hereto be and the same is hereby ap-
proved and the Mayor is hereby
authorized to execute said Memoran-
dum of Agreement and the cierh is
hereby authorized to attest the same
and to affix the seal of the Issuer
thereto, said Memorandum of Agree-
merit which constitutes and is hereby
made a part of this Resolution to be in
substantially the form, text and con-
taining the provisions set forth in Ex-
hibit A attached hereto.
Section 2. Officials of the Issuer are
hereby authorized to take such further
wtion as may be necessary to carry
out the intent and purpose of the
Memorandum of Agreement.
Section 3. That all resolutions and
parts thereof in conffict herewith are
hereby repealed to the extent of such
conflict.
Passed, approved and adopted this
26th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
EXHIBIT A
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF
AGREEMENT is between the City of
Dubuque. Opwa. (the "Issuer") and
Wm. C. Brovm Company, Publishers
(the "Company").
1. Preliminary Statement. Among
the matters of mutual inducement
which have resulted in the execution of
this Agreement are the following:
(a) The Issuer is authorized by Chapter
419 of the Code of Iowa, 1983, as
amended (the "Act") to issue revenue
bonds for the purpose of financing the
cost of acquiring, by construction or
purchase, land, buildings, im-
provements and equipment, or any in-
terest therein, suitable for the use of
any industry or industries for the
manufacturing, processing or aseembl-
lng of any agricultural or manufac-
tured products or of any cor~mercial
enterprise engaged in storing,
warehousing or distributing products
of agriculture, mining or industry, or
of a national, regional or divisional
headquarters facility of a company
that does multistate business.
(b) The Company wishes to obtain
satisfactory assurance from the Issuer
that subject to the public hearing re-
quired by the Act and Section lOS(k) of
the Internal Revenue Code such bonds
will be issued by the Issuer in a prin-
clpal amount sufficient to finance the
costs of the constructing and equipp-
ing of an addition to the Company's
existing manufacturing facility
located at 2460 KERPER Boulevard,
Dubuque, Iowa, which addition ~(ill
contain approximately 128,000 sq. ft.,
of which approximately 80,000 sq. ft.
will be used as a warehouse facility,
31,500 sq. ft. will be used for product
distribution and 16,500 sq. ft. will be
used as office space (the "Project").
lc) The Issuer considers that the ac-
quisition and construction of the Pro-
ject and the financing of the same will
promote the welfare and prosperity of
the Issuer and its cxitizens.
2. Undertakings on the Part of the
(a) The Issuer will begin the pro-
eeedings necessary to authorize the is-
suance of such bonds, in an aggregate
principal amount not to exceed
$3,000,000.
(b) Subject to due compliance with
all requirements of law, including the
provisions of and the public hearing re-
quired by the Act, it will cooperate
with the Company in the issuance and
sale of such bonds, and the proceeds
from the issuance of such bonds shall
be loaned to the Company upon terms
sufficient to pay the principal of and
interest and redemption premium, if
any, on such bonds, as and when the
same shall become due.
3. Undertakings on the Part of the
Company,
(a) It will use allreasonable efforts to
cooperate with the Issuer and comply
with the Act and all other provisions
of law relating to the Project and the
issuance and sale of such bonds.
(b) It win enter into a Loan Agree-
ment with the Issuer under the terms
of which the Company will obligate
itself to pay to the Issuer sums suffi-
cient to pay the principal of and in-
terest and redemption premium, if
any, on such bonds as and when the
same shall become due and payable.
4. General Provisions.
(a) All commitments on the part of
the Issuer and the Company herein are
subject to the condition that on or
before one year from the date hereof
or such other date as shall be mutual-
ly agreed to) the Issuer and the Com-
pany shall have agreed to mutually ac-
ceptable terms relating to the issuance
and sale of such bonds.
(b) The Company agrees that it will
reimburse the Issuer for all reasonable
and necessary direct out-of-pocket ex-
penses which the Issuer may incur at
its request arising from the execution
of this Agreement and the perfor-
mance by the Issuer of its obligation
hereunder, whether or not such bonds
are issued.
(c) All commitments of the Issuer
hereunder are further subject to the
conditions that the Issuer shall in no
event incur any liability for any act or
omission hereunder, and that such
bonds described herein shall not con-
stitute an indebtedness of the Issuer
within the meaning of any constitu-
tional or statutory provision and shall
not constitute nor give rise to a
~ecunlary liability of the Issuer or a
charge against its general c~edit or
taxing powers.
Dated this 26th day of September,
1983.
Dubuque, Iowa
By James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
By Wm. C. Brown Company,
Publishers
Seal) Mark C. Falb
Council Member Hammel moved
adoption of the Resolution. Seconded
by Counqfl Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Nays--None.
Abstain--Council Member
Kronfeldt.
RESOLUTION NO. 231-83
Resolution fixing a date for hearing on
proposed Industrial Development
Revenue Bonds, Series 1983 (Wm. C.
Brown Company, Publishers Project)
WHEREAS, the City of Dubuque,
336
Special Session, September 26, 1983
in the County of Dubuque, State of
Iowa (the "Issuer"), is an incorporated
municipality authorized and em-
powered by the provisions of Chapter
419 of the Code of Iowa, 1983, as
amended (the "Act") to issue revenue
bonds for the purpose of financing the
cost of acquiring, by construction or
purchase, land, buildings, im-
provements and equipment or any in-
terest 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 facility of a company
that does multistate business; and
WHEREAS, the Issuer has been re-
quested by Wm. C. Brown Company
Publishers Ithe "Company"), an Iowa
corporation, to issue its revenue bonds
to finance the cost of the constructing
and equipping of an addition to the
Company's existing manufacturing
facility located at 2460 KERPER
Boulevard, Dubuque, Iowa, which ad-
dition will contain approximately
128,000 sq. ft., of which approximately
80,000 sq. ft. will be used as a
warehouse facility, 31,500 sq. ft. will
be used for product distribution and
16,500 sq. ft. will be used as office
space (the "Project"l, which will pre-
mote the welfare of the Issuer and its
citizens; and
WHEREAS, it is proposed to
finance the cost of the Project through
the issuance of Industrial Develop-
ment Revenue Bonds, Series 1983
(Wm. C. Brown Company, Publishers
Project) of the Issuer in an aggregate
principal amount not to exceed
$3,000,000 (the "Bonds") and to loan
said amount to the Company under a
Loan Agreement between the Issuer
and the Company the obligation of
which will be sufficient to pay the prin-
cipal of and redemption premium, if
any, and interest on the Bonds as and
when the same shall be due and
payable; and
WHEREAS, before the Bonds may
be issued, it is necessary to conduct a
public hearing on the proposal to issue
the Bonds, all as required and provld-
ed for by Section 419.9 of the Act and
Section 1031k) of the Internal Revenue
Code;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. This Council shall meet at
the Public Library Auditorium in
Dubuque, Iowa, on the 17th day of Oc-
tober, 1983, at 7:30 o'clock, p.m., at
which time and place a public hearing
shall be held on the proposal to issue
the Bonds referred to in the preamble
hereof, at which hearing all local
residents who appear shall be given an
opportunity to express their views for
or against the proposal to issue the
Bonds.
Section 2. The Clerk is hereby
directed to give notice of intention to
issue the Bonds, setting forth the
amount and purpose thereof, the time
when and place where the hearing will
be held, by publication at least once
not less than fifteen (15) days prior to
the date fixed for the hearing, in
Telegraph Herald, a newspaper
published and having a general circula-
tion within the Issuer. The notice shall
be in substantially the following form:
NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT
REVENUE BONDS
SERIES 1983
(Wm. C. Brown Company,
Publishers Project)
The City Council of the City of
Dubuque, Iowa, (the "Issuer") will
meet on the 17th day of October, 1983,
at Public Library, Auditorium, in
Dubuque, Iowa, at 7:30 o'clock, p.m.,
for the purpose of conducting a public
hearing on the proposal to issue In-
dustrial Development Revenue Bonds,
Series 1983 (Wm. C. Brown Company,
Publishers Project) of the Issuer, in an
aggregate principal amount not to ex-
ceed $3,000,000 Ithe "Bonds"), and to
loan said amount to Wm. C. Brown
Company, Publishers (the
"Company"), an Iowa corporation, for
the purpose of defraying the cost, to
that amount, of the constructing and
equipping of an addition to the Com-
pany's existing manufacturing facility
located at 2460 KERPER Boulevard,
Dubuque, Iowa, which addition will
contain approximately 128,000 sq. ft.,
of which approximately 80,000 sq. ft.
will be used as a warehouse facility,
31,500 sq. ft. will be used for product
distribution and 16,500 sq. ft. will be
used as office space (the "Project").
The Bonds, when issued, will be
limited obligations and will not con-
stitute general obligations of the
Special Session,
Issuer nor will tbey be payable in any
manner by taxation, but the Bonds
will be payable solely and only from
amounts received by the Issuer under
a Loan Agreement between the Issuer
and the Company, the obligation of
which will be sufficient to pay the prin-
clpal of and interest and redemption
premium, if any, on the Bonds as and
when the same shall become due.
At the time and place fixed for said
public hearing all local residents who
appear will be given an opportunity to
express their views for or against the
proposal to issue the Bonds, and at the
hearing or any adjournment thereof,
the Issuer shall adopt a resolution
deternfining whether or not to proceed
with the issuance of the Bonds. Writ-
ten comments may also be sqbmittod
to the Issuer at City Hall, Dnbuque,
Iowa 52001. Written comments must
be received by the above hearing date.
By order of the City Council, this
26th day of September, 1983.
Mary A. Davis
City Clerk
Section 3. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Passed and approved this 26th day
of September, 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-
tied by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner.
Nays--None.
Abstain--Council Member
Kron£eldt.
Petition of Dept. of Correctional Ser-
vices requesting Council act upon
rezoning of the property at 15th & Elm
Streets and to consider an Agreement
for eventual acquisition of City-owned
property at 14th and Elm Streets,
presented and read.
Council Member Beurskens moved
that the petition be received and filed.
Seconded by Council Member Ham-
mel. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
,tember 26, 1983 337
Nays--Council Member Kronfeldt.
Council Member Beurskens moved
that the Ordinance amending the Code
of Ordinances by reclassifying proper-
ty at the south east corner of 15th and
Elm Streets from "HI Heavy In-
dustrial District" Classification to
"OR-1 Office Residential District"
Classification which was tabled at the
meeting of September 6, 1983, be
removed from the table. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner.
Nays--Council Member Kronfeldt.
ORDINANCE NO. 48-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY
RECLASSIFYING PROPERTY AT
THE SOUTH EAST CORNER OF
14TH AND ELM STREETS FROM
"HI HEAVY INDUSTRIAL
DISTRICT" CLASSIFICATION TO
"OR-1 OFFICE RESIDENTIAL DIS-
TRICT'' CLASSIFICATION SAID
ORDINANCE HAVING BEEN
presented and read at the Council
Meeting of August 15, 1983, presented
for final adoption.
ORDINANCE NO. 48-83
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY AT THE SOUTH EAST
CORNER OF 15TH AND ELM
STREETS FROM "HI HEAVY
INDUSTRIAL DISTRICT" CLASSI-
~FICATION TO "OR-1 OFFICE RES-
IDENTIAL DISTRICT''
~LASSIFICATION.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the' Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", to reclassify
hereinafter described property from
"HI Heavy Industrial District" classi-
fication to "OR-1 Office Residential
338 Special Session, S, ~tember 26, 1983
D~strict" classification, to wit:
Lot 187, Lot 188, Lot 189, Lot 187A,
the west 65 feet of Lot 214 and Lot
215 and Lot 216, and the east 35 feet
of Lot 214 and Lot 215 and Lot 216,
all ~n East Dubuque Subdivision in
the City of Dubuque, Iowa.
Section 2. That the foregoing
amendment has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
PASSED, ADOPTED AND
APPROVED this 26th day of Septem-
ber, 1983.
JAMES E. BRADY, MAYOR
ATTEST:
MARY A. DAVIS, CITY CLERK
Published officially in the Telegraph
Herald newspaper this 30th day of
September, 1983.
Mary A. Davis
City Clerk
it 9/30
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Ham-
reel. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner.
Nays--None.
Absent--Council Member
Kronfeldt.
Petition of Al Polsean requesting to
address the Council regarding his sep-
tic system, presented and read.
Mr. Polsean, 3515 Crescent Ridge,
spoke to the petition, stating that the
flexible pipe is sagging and only has
two out of three lilac bushes left.
Council Member Hammel moved
that the petition be received and filed.
Seconded by Council Member Klaner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner, Kranfeldt.
Nays--None.
Petition containing 1,064
signatures, requesting that Wm. L.
Dix be allowed to address the Council
concerning the issue of the Eagle Point
Park Users Fee, presented and read.
Council Member Hammel moved
that the petition be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Communication of City Manager re-
questing approval of selecting an
alignment for Cedar Cross Transporta-
tion Project, presented and read.
Council Member Hammel 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.
Mayor Brady moved to table the
issue. Seconded by Council Member
Delch. Vote on the motion was as
follows:
Yeas--Mayor Brady, Council
Members Deich, Klauer.
Nays--Council Members Beurskens,
Hammel, Kluesner, Kronfeldt.
MOTION FAILED.
RESOLUTION NO. 232-83
Selecting an Alignment for a Com-
prehensive Environmental Assess-
ment Study for the Cedar Cross
Transportation Project
WHEREAS, the Cedar Cross pro-
ect is in accordance with the 1990
Transportation Plan, and
WHEREAS, the project concept
statement for this project has been ap-
proved by the Federal Highway Ad-
ministration and the Iowa Depart-
merit of Transportation, and
WHEREAS, the firm of Brlce,
Petrides & Associates, Inc. of
Waterloo, Iowa, was selected by the
City Council as the engineering firm to
conduct this study by resolution
adopted on December 6, 1982 and a
resolution authorizing a contract with
the firm was approved by the City
Council on February 7, 1983, and
WHEREAS, a public information
meeting on the selection of an alter-
native was held by the City at Five
Flags Civic Center on June 27, 1983,
and
WHEREAS, an open house was held
by the City and the engineering firm at
the Five Flags Civic Center for a
discussion of the alternatives on July
20, 1983, and
Special Session,
WHEREAS, a number of meetings
have been held by the staff and
neighborhood groups on the project
and the selection of an alternative over
the past few months, and
WHEREAS, support has been ex-
hibited by the neighborhood groups
for the alignment titled, "Alternative
C-1" (See attached Exhibit 1).
NOW, THEREFORE BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa that:
Section 1. That Alternative C-1 be
selected as the alignment for the pro-
posed Cedar Cross Transportation
Facility.
Section 2. That Brice, Petrid~s &
Associates, Inc. be instructed to pro-
ceed with preparation ora Comprehen-
sire Environmental Assessment for
this alignment in accordance with the
Federal and State Highway Regula-
Passed, approved and adopted this
26th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the foIlowing vote:
Yeas--Council Members Beerskens,
Hammel, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council
Members Deich, Klauer.
Communication of City Manager
submitting Resolution regarding
retention of Rail System for the City,
presented and read.
Council Member Klauer moved that
the communication be received and fli-
ed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 233-83
Resolution Relating to the Milwaukee
Road Reorganization
WHEREAS, on March 31, 1983,
the trustee of the Milwaukee Road Ill-
ed an amended plan of reorganization
*tember 26, 1983 339
providing for the stock acquisition of
the Milwaukee Road by the Grand
Trunk Corporation, and
WHEREAS, on July 27, 1983, the
Chicago Milwaukee Corporation, and
the Chicago Northwestern Transpor-
tation Company filed alternate plans
of reorganization with the ICC. and
WHEREAS, the Iowa Department
of Transportation held a public hear-
lng in the Five Flags Civic Center in
Dubuque on September 20, 1983 for
public input on the various proposals
for reorganization, and
WHEREAS, there was strong op-
position to the plan submitted by the
Chicago Northwestern Transportation
Company which would abandon the
Milwaukee trackage through the
Dubuque area, and
WHEREAS, there was strong sup-
port for any reorganization plan which
would maintain service on the
Milwaukee system through the Dubu-
WHEREAS, this matter will be
discussed by the Iowa Department of
Transportation Commissioners on
September 27, 1983, and a recommen-
dation ultlmately will be made by the
Commissioners to the Interstate Com-
merce Commission on a reogranization
plan, and
WHEREAS, retention of service on
the Milwaukee system is essential to
the vitality of the economic base of the
Dubuque community.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa.
Section 1. That the City strongly ob-
ject to any reorganizational plan of the
Milwaukee system which would aban-
don the Milwaukee Road system that
to and through the Dubuque eommuni-
Section 2. That Mayor be authorized
and directed to sign a letter to the
Iowa Department of Transportation
Commissioners strongly supporting
any reorganizational plan which will
retain service on the Milwaukee
system to and through the Dubuque
metropolitan are~
Passed, approved and adopted this
340
Special Session, September 26,1983
26th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Delch. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kinesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting Resolution providing for
the emergency repair of a storm sewer
in the estimated amount of $50,000,
AND Communication of Shiva-
Hattory & Associates being of opinion
that emergency repairs of the storm
sewer on 14th St, between Central
Aye. and White st. are necessary,
presented snd read.
Council Member Hammel moved
that the communications be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klancr, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 234-83
WHEREAS, the stone arch storm
sewer in 14th Street between Central
Ave. and White St. are necessary,
and a section of the sewer has collaps-
ed, and
WHEREAS, the balance of the
storm sewer in this block has substan-
tially deteriorated and is also nearing
collapse, and
WHEREAS, there exists at this
location a collapse of the roadway of
such proportion to require suitable
temporary covering and barricading of
the traffic lane.
NOW, THEREFORE BE IT
RESOLVED by the City Council.
1. That tlie delay of public advertis-
lng and a public letting could cause
serious loss or injury to the city.
2. That the City Council deems the
emergency repair of the storm sewer
to be advisable and necessary for the
public welfare.
Passed, approved and adopted this
26th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
recommending acceptance of the con-
tract for the grading, drainage and
roadway base work for the recreation
complex on Chaplain Schmltt
Memorial Island, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Deich,
Kiauer.
RESOLUTION NO. 235-83
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex,
Grading, Drainage, and Roadway
(Base) has been completed and the Ci*
ty Manager has examined the work
and filed his certificate stating that
the same has been completed accor-
ding to the terms of the contract,
plans and specifications and racom-
mends its acceptance;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
ment be and the same is hereby ac-
cepted.
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-'
tot from the General Fund in amount
equal to the amount of his contract,
less any retained percentage provided
Special Session, Se
for therein.
Passed, approved and adopted this
26th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kinesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Hammel.
Kluesner, Kronfeldt.
Nays--Council Members Deich
Kiauer.
RESOLUTION NO. 236-83 ~
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex,
Grading, Drainage, and Roadway
(Base) has been completed and the Ci-
ty Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa;
Section 1. That the cost of said im-
provement is hereby determined to be
$218) 690.71 and that said amount shall
be paid from the General Fund of the
City of Dubuque, Iowa.
Passed, approved and adopted this
26th day of September, 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, Hammel,
Kluesner, Kronfeldt.
Nays--Council Members Deich,
Klauer.
Communication of City Manager
recommending acceptance of the con-
tract for the installation of the
automatic sprinkler system for the
complex on Chaplain Schmitt
~tember 26, 1983 341
Memorial Island. 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,
Kluesner, Krenfeldt.
Nays--Council Member Klauer.
RESOLUTION NO. 237-83
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island
Recreation Complex - Underground Ir-
rigation System has been completed
and the City Manager has examined
the work and filed his certificate
stating that the same has been com-
plated according to the terms of the
contract, plans and specifications and
recoxnmends its acceptance;
NOW. THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
ment be and the same is hereby ac-
cepted.
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tot from the Private Contributions in
amount equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, approved and adopted this
26th day of September, 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, Kronfeldt.
Nays--Council Member Klauer.
RESOLUTION NO. 238-83
WHEREAS, the contract for the
Chaplain Scinnltt Memorial Island
Recreation Complex - Underground Ir-
rigation System has been completed
and the City Engineer has submitted
342
Special Session, September 26, 1983
his final estimate showing the cost
thereof including the cost of estimates,
notices and inspection and all
miscellaneous costs:
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section L That the cost of said im-
provement is hereby determined to be
$47,225.71 and that said amount shall
be paid from Private Contributions o[
the C~ty of Dubuque, Iowa.
Passed, approved and adopted this
26th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Bourskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskous, Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Klauer.
Communicatlon of Assistant City
Solicitor Blum responding to request
of Chapter 327 of Experimental Avia-
tion Assn. regarding the landing of
airplanes on North West Arterial
Highway on Oct. 22nd and 23rd, 1983,
presented and read.
Corporation Counsel Blum clarified
specifics of the communication.
Council Member Beurskens moved
that the communication be received
and filed and that the request be ap-
proved and they enter into an Agree-
ment, Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Klauer, Kronfeldt.
Nays--Council Member Kluesner.
Mayor's Task Force submitting a
report on criteria for making appoint-
ments to the Human Rights Coromis-
sion, presented and read,
Esther Chi, of the Task Force,
clarified specifics of the report.
Council Member Hammel moved to
receive and file the report. Seconded
by ~ouncil Member Deicli.
Council Member Bourskous moved
to amend the motion to pilot the
recommended process for 18 months
(two appointment processes) and then
review the process, possibly expan-
ding to utilize for appointments to
other Commissions. Seconded by
Council Member Kluesner. Amend-
ment to the motion carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Hammel.
Council Member Beurskens stated
he would personally verify comments
about the applicants.
Vote on the original motion, to
receive and file, as amended.
Yeas--Mayor Brady, Council
Members Beurskous, Deich, Klauer,
Kluesner, Kronfeldt.
Nays--Council Member Hammel.
Communication of City Manager
submitting Ordinances (3) providing
for appointments .to various Boards
~nd/or Commissions, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Beurskous, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 49-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 19¼-31b)
AND ENACTING A NEW SECTION
19%-31b} IN LIEU THEREOF PRO-
VIDING FOR THE APPOINTMENT
OF MEMBERS TO THE HISTORIC
PRESERVATION COMMISSION,
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
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Benrskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the Meeting when final adop-
tlon is made be dispensed with.
Seconded by Council Member Deich.
Special Session, Se
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hanunel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 49-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 19~h-3(b)
AND ENACTING A NEW SECTION
19%-3(b) IN LIEU THEREOF PRO-
VIDING FOR THE APPOINTMENT
OF MEMBERS TO THE HISTORIC
PRESERVATION 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 repealing Section 19~-
3(b) and enacting a new Section 19~-
3(b) in lieu thereof as follows:
**Sec. 19%-3(b). Historic Preserva-
tion Commission - Establish mem-
bership; term of office; vacancies
in office; quorum.
(b) Members of the commission shall
be appointed by the city council as fol-
lows: one (1) fi.om a list of persons
nominated by the Dubuque Board of
Realtors; one (1) from a llst of persons
nominated by the Dubuque County
Historical Society; and five (5) at-large
members, each of whom shall possess
professional qualifications evidencing
expertise in architecture, law, con-
struction or building rehabilitation
city planning, or conservation in gen-
eraL In the event that names are not
submitted by the appropriate orgaalza-
tion within sixty (60) days of the
receipt of the request, the city council
may proceed to fill these positions in
the same manner as members at-large.
As historical districts may hereafter be
created, o~ne (1) member shall he
appointed from each district."
Passed, approved and adopted this
26th day of September, 1983.
James E. Brady, Mayor
Aq~TEST:
Mary A~ Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 30th day of
September, 1~3.
Mary A. Davis
City Clerk
It 9/30
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
~tember 26, 1983 343
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klouer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 50-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 21-18
THEREOF AND ENACTING A
NEW SECTION 21-18 IN LIEU
THEREOF PROVIDING FOR THE
APPOINTMENT OF MEMBERS TO
THE HUMAN RIGHTS COMMIS-
SION, 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
Delah. Carried by the follawing vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the tale 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, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 50-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 21-18
THEREOF AND ENACTING A
NEW SECTION 21-18 IN LIEU
THEREOF PROVIDING FOR THE
APPOINTMENT OF MEMBERS TO
THE HUMAN RIGHTS COMMIS-
SION.
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 21-
18 thereof and enacting a new Section
21-18 in lieu thereof as follows:
Sec. 21-18. Appointment; terms;
filling of vacancies.
Human rights commission members
shall be appointed by the City Council
for terms of three (3) years each and
shall serve thereafter until a successor
344
Special Session, September 26,1983
has been appninted. Vacancies shah be
filled for the remainder of the unex-
pired term. Appointments shah take
into consideration the various racial
religious, cultural and social groupe in
the city."
passed, approved and adopted this
26th day of September, 1983.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published oficixlly in the Telegraph
Herald newspaper this 30th day of
September, 1983.
Mary A. Davis
City Clerk
It 9/30
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 51-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A SECTION 4-28
THEREOF PROVIDING FOR THE
APPOINTMENT OF MEMBERS TO
THE AIRPORT COMMISSION
presented and read.
Council Member Beurskens moved
that the reading just had be con-
sldered the first reading of the month.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the Meeting when final adop-
tion is made, be dispensed with.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Daich, Hammel,
Klauer, Khresner, Kronfeldt.
Nays--None.
ORDINANCE NO. 51-83
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ENACTING A SECTION 4-28
THEREOF PROVIDING FOR THE
APPOINTMENT OF MEMBERS TO
THE AIRPORT COMMISSION.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Seetinn 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by enacting a new Sec-
tion 4-28 thereof as follows:
~Sec. 4-28. Appointment; terms.
(a) The airport commission shall
have a membership of five (5) persons
appointed by the City Council for six
(6) year terms. Such members shall
serve vfithout compensation.
(b) The commission shall elect from
its own members, a cha~person and a
secretary who shall serve for such
terms as the commission shall deter-
p~ssed, approved and adopted this
26th day of September, 1983.
James E. Brady, Mayor
ATTEST:
M~ry A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 30th day of
September, 1983.
Mary A. Davis
City Clerk
It 9/30
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klaner, Kinesner, Kronfeldt.
Nays--None.
Communication of United Labor
Participation Commission endorsing
reappointment of Joe Kramer to Zon-
lng Bd. of Adjustment, presented and
read.
Council Member Klauer moved that
the communication be received and fil-
ed. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--Nane.
BOARDS AND COMMISSIONS:
Dock Board - One Unexpired Term
to Expire 11-26-84 (Term of M.
Keegan); Applicants: Allen J. Gourley,
Don McMuilen, Rose Marie Mon-
tgomery. Vote on the appointment:
Council Member Beurskens voted
for Montgomery, Mayor Brady voted
for Montgomery, Council Member
Daich voted for Montgomery, Court-
cil Member Hammel voted for
Special Session, Se
Montgomery, Council Member Klauer
voted for Montgomery, Council
Member Kluesner voted for Mon-
tgomery, Council Member Kronfeldt
voted for Montgomery. Therefore
Rose Marie Montgomery appointed to
the Dock Board to fill an unexpired
term which will expire Nov. 26, 1984.
Historic Preservation Commission
(Lower Bluff Area) - One Three Year
term which wiH expire June 29, 1986.
Applicant: Winnie Thompson, 215 Fre-
mont.
Council Member Klauer moved that
Winnie Thompson be appointed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Cou~ncil
Members Beurskens, Deich, Hammel,
Klaner, Kluesner, Kronfeldt.
Nays--None.
Housing Commission - Four - Three
Year Terms which will expire 8-17-86
ITerms of Kelly, Dahm, Watters&
WeydertL One Unexpired Term which
will expire 8-17-84 (Term of E. Tauke);
Applicants: Elizabeth A. Schuck
Phil Wnifekuhle, Charlotte Kelly, Wm.
Watters.
Council Member Hammel moved
that Schuck and Wulfekuhie be ap-
pointed and Kelly and Watters be
reappointed to the fun three year
terms which win expire 8-17-86.
Seconded by Council Member Klauer.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Housing Code Appeals Board ~ One
Unexpired Term which will expire
1-11-84. Applicant: Janet M. Busch.
Council Member Klauer moved that
Busch be appointed to the Housing
Code Appeals Board to fill an unex-
pired term which will expire 1-11-84.
Seconded by Council Member Daich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesnar, Kronfeldt.
Nays--None.
Transit Board · One Three Year
Term to Expire 7-30-86 ITerm of Carl
Heathcote). Applicants: Tom Kersch
Alice C. Metsker, Ran C. Thiltgen,
Genevieve Heathcote. First vote was
as follows:
Council Member Beurskens voted
for Heathcote, Mayor Brady voted for
,tember 26, 1983 345
Thiltgen, Council Member Deich voted
for Thiltgen, Council Member Hammel
voted for Heathcote, Council Member
Klauer voted for Thiltgen, Council
Member Kluesner voted for
Heathcote, Council Member Kronfeldt
voted for Metsker.
There being no majority a second
vote was taken as follows:
Council Member Beurskens voted
for Heathcote, Mayor Brady voted for
Thiltgen, Council Member Deich voted
for Thiltgen, Council Member Hammel
voted for Heathcote, Council Member
Klauer voted for Thiltgen, Council
Member Kluesner voted for
Heathcote, Council Member Kronfeldt
voted for Heathcote. Therefore,
Genevieve Heathcote appointed to a
three year term on the Transit Bal.
which will expire 7-30-86.
Zoning Board of Adjustment - One
Five Year Term which will expire
9-19-88 (Term of J. Kramer). Ap-
plicants: Joseph L. Kramer, Ruth
Nash. Vote on the appointment was as
follows:
Council Member Beurskens voted
for Kramer, Mayor Brady voted for
Kramer, Council Member Daich voted
for Kramer, Council Member Hammel
toted for Kramer, Council Member
Klauar voted for Nash, Council
Member Kluesner voted for Kramer,
Council Member Kronfeldt voted
Kramer. Therefore, Joseph Kramer ap-
pointed to a five year term on the Zon·
ing Board of Adjustment which
expire 9-19-88.
Council Member Klauer put out a
plea for participation in the Boards
and Commissions .... individuals to
actively apply.
RESOLUTION NO. 239-83
BE IT RESOLVED by 'the City
Council of the City of Dubuque, Iowa,
that the foilowing having complied
with the provisions of law relating to
the sale of Cigarettes within the City
of Dubuque, Iowa, be granted a permit
to sen Cigarettes and Cigarette Papers
within said City.
Iowa Oil Company
1387 Dodge St.
K-Mart Corp
2600 Dodge St.
Tamie Kenniker
Highway 20 West
Kopp's Plaza 20 Foods, Inc.
2600 Dodge St.
346
Special Session, September 26,1983
phillip J. Mihalakis
1406 Pine St.
Robert Moldenhauer
9th & Central Ave.
Ruegnitz Drug Store
629 Rhomberg Ave.
Thomas Schrobilgen
1121 University Ave.
Milton Schwartz
524 East 16th St.
Harry Shetler
1902 Central Ave.
Lowrie Smith
521 East 22nd St.
Sunshine Mart of Dubuque, Ltd.
430 Rhomberg Ave.
James R. Winders
1701 Central Ave,
David Wetter & Joseph McGinnis
951 Main St.
Family Mart, Inc.
3201 Central Ave.
Mulgrew Oil Co.
3300 Asbary Rd.
Philfip R. Love
481 Locust St.
Passed, approved and adopted this
26th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 240-83
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were ~n-
spected and Iound to comply with the
Ordinances of this City and have filed
paper 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
West Dubuque JayCeos
Veterans Memorial Park
Pizza Hut of Dubuque #2
320 E. 20th St.
(Also Sunday Sales)
T. I. Investments, Inc.
i J. F. Kennedy Rd.
, Sales)
CLASS "C" BEER PERMIT
Mulgrew Oil Company
3300 Asbury Rd.
(Also Sunday Sales)
Iowa Oil Company
1387 Dodge St.
(Also Sunday Sales)
Kopple's Market, Inc.
1098 University Ave.
~ Sales)
Passed, approved and adopted this
26th day oI September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 241-83
WHEREAS, Applications for Li-
quar Licenses have been submitted to
Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and ail City Ordinances
relevant thereto and they have filed
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 "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Special Session, September 26, 1983
347
Dubuque Motor Hotels, Inc.
1111 Dodge St.
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
James Robert Winders
1701 Central Ave.
(Sunday Sales Only)
Passed, approved and adopted this
26th day of September, 1983.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kiauer m~)ved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the followlng vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 9-1, Cable Teleprogramming
Comm. of 9-6, Electrical Examining
Bd. of 9-18, Mechanical Bd. of 9-6,
Planning and Zoning Comm. of 9-7,
Zoning Bd. of Adjustment of 8-18
Transit Bd. of 9-8, FM Access Com-
mittee of Cable Community
Teleprogramming Comm. of 9-9,
presented and read.
Council Member Klauer moved that
the minutes be received and filed.
Seconded by Council Member Boar-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
NOTICES OF SUITS AND
CLAIMS: Civil Constructors, Inc. vs.
City of Dubuque, in amt. of
$118,277.78 for unpaid balance due;
Daniel M. & Mary V. Colligan in
unknown amt. for personal injuries;
Thomas Bottoms in unknown amt. for
personal injuries; Anita Cross in
unknown amt. for personal injuries;
Thomas W. Glover in amt. of
$1,000,000 for injuries and compensa-
tion; Mrs. Hazel Hart in unknown amt.
for personal injuries and compensa-
tion; Garry F. Ciauer in amt. of
$1,034.33 for truck damages (in small
claims court), presented and read.
Council Member Klauer moved that
the suits and claims be referred to the
Legal Staff for investigation and
report.. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Legal Dept.
recommending denial of claim of Anice
C. Fager and Lillian L. & Ray R.
Yager, presented and read.
Council Member Klauer moved that
the communication be received and fil-
ed and denial approved. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
REFUNDS REQUESTED: Ron
Fens, Clair Haas and Mary Poire, $75
on unexpired Cigarette Licenses; St.
Columbklile's Church $225 on unex-
pired Class "B" Beer Permit; Church
of the Nativity 5225 on unexpired
Class "B" Beer Permit; Ronald Fens,
$422.50 on unexpired Liquor License,
presented and read.
Council Member Klauer moved that
he refunds be approved and Finance
Director to issue proper checks.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady. Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Communication of Housing and Ur-
ban Development advising application
for Section 8 Moderate Rehabilitation
Program has not been funded this
fiscal year, presented and read.
Council Member Klauer moved that
the communication be received and fil-
ed. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady. Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Assistant City
Solicitor Wm. Blum advising of
Stipulation of Settlement of Appeals
to the District Court of various proper-
ties owned by the City of Dubuque,
presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
348
Special Session, September 26,1983
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager
submitting reports of Finance Direc-
tor and City Treasurer for month of
August, 1983; Proof of publication of
List of Claims for month of July 1,
1983, presented and read.
Council Member Klauer moved that
the communication be received and fil-
ed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of James T. Ryan
submitting documents regarding com-
pletion of street and sidewalks in Em-
bassy West Subd., presented and read.
Council Member Klauer moved that
the communication be received and fil-
ed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Khiesner, Kronfeldt.
Nays--None.
Public Notice of United States Ar-
my Corps of Engineers advising Deere
& Company has applied for continued
maintenance dredging, presented and
read.
Council Member Klauer moved that
the notice be received and filed.
Seconded by Council Member Bear-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of City Manager ad-
vising Sister Janet Dolphin has sub-
mitred her resignation from the Cable
Regulatory Commission, presented
and read.
Council Member Klauer moved that
the communication be received and fil-
ed and accepted with regret. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
William Dix of 405 Hill St. petition-
ed Council to remove vehicle entry fees
at Eagle Point Park.
Ron Koppes, 1684 Drexel, objected
to Eagle Point Park Entry Fees.
Karen Merrick, Mayor of Gut-
tenberg, requested Dubuque consider
affirmation in joining with other cities
to apply to OPP for matching monies.
Al Honigman, 1226 Elm, objected to
speed of Keyilne buses and transistor
radios used by drivers.
being no further business
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Hammel. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved~1984
Adopted __1984
Mayor
Council Members
~_TTEST:
City Clerk
Regular Session, October 3, 1983
CITY COUNCIL
OFFICIAL
Regular Session, October 3, 1983.
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klauer, Klueenar, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel 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. Duane
Manson, Chaplain of Luther Manor.
PROCLAMATIONS: Oct. 2 thru 9
as "Productivity Improvement Week"
received by David Uthe; Oct. 9 thru 15
as "National YWCA Teen Week"
received by Carol Wallace; Oct. 15 as
"White Cane Day" received by
Richard Brown; Oct. 2 thru 8 as
"Minority Enterprise Development
Week in Dubuque" received by Harry
Neustadt of City Staff.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing on Resolution of Necessity for
Construction of Chaplain Schmitt
Memorial Island Park and Recreation
Complex Ballfields Perimeter Fence,
presented and read.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klueener, Kronfeldt.
Nays--Council Member Klauer.
Council Member Klauer moved to
suspend the rules to let anyone pr~-
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, Hammel,
Klauer, Khieener, Kronfeldt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 220-8~
WHEREAS, proposed plans have
349
' prepared and approved liy
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
lice 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 Chaplain Schmitt Memorial Island
Park and Recreation Complex,
Ballfields Perimeter Fence.
BE IT FURTHER 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 tMs 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-
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 will be paid
!rom the General Fund and a Grant
from the Iowa Conservation Commis-
sion.
The above resolution was intreduc-
ed, approved and ordered placed on file
with the City Clerk this 6th day of
September, 1983.
Approved and placed on file for final
APPROVED:
James E. Brady
Mayor
EST:
Mqry A. Davis
City Clerk
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 3rd day of Oc-
tober, 1983.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy 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, Hammel,