1982 May Council ProceedingsSpecial Session, April 26, 1982
warning.
There being no further business,
Council Member Klauer ~noved to ad-
journ. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved__1982
Adopted __1982
Mayor
Council Members
ATTEST:
City Clerk
151
Regular Session, May 3, 1982
CITY COUNCIL
OFFICIAL
Regular Session, May 3, 1982.
Council met at 7:30 p.m., Council
Chambers, City Hall.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Harley F, Stark, Jr.
Mayor Brady read the call and
stated that service thereof had been
duly made and this meeting is the
Regular Monthly Meeting of the Coun-
cil called for the purpose to act upon
such business which may properly
come before the Council.
Invocation was given by Father
Wm. Kunsch of St. Patrick's Church.
PROCLAMATIONS: May 16-22 as
"Insurance Women's Week"; Week
beginning May 9th as "Small Business
Week"; May 16th as "Dubuque Day of
Prayer" received by Jim Thill.
Council Member Klauer ~noved thai
the rules be suspended to let anyone
present address the Council if they so
desire. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to consider amending the Ur-
ban Renewal Plan for the Downtown
Urban Renewal Project, 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 hy Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Eeurskens, Deich, Klauer,
Kluesner, Kronfeldt. Nays--None.
Abstain--Council Member Hammel.
Communication of Planning and
Zoning Commission recommending ap-
proval to amend the Urban Renewal
Plan, presented and read.
Council Member Klauer moved that
the communication be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
152
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Kluesner, Kronfeldt.
Nays--None.
Abstain--Council Member Hammel.
Phil Wulfekuhle, as President of the
Dubuque Board of Realtors, stated
their organization is pleased to have
the City accept the proposal submit-
ted by RIK, and offering their help if
needed.
RESOLUTION NO. 107-82
A Resolution Amending the Urban
Renewal Plan for the Downtown Ur-
ban Renewal Project, Iowa R-15, to
Allow the City of Dubuque to Con-
sider Proposals for Acquisition and
Disposition of Properties for Private
Rehabilitation.
WHEREAS, on May 18, 1967, the
City Council of the City of Dubuque,
Iowa, after public hearing, duly
adopted an Urban Renewal Plan for
the Downtown Urban Renewal Area
Project, Iowa R-15 (herein called the
"Project"); and
WHEREAS, the City of Dubuque as
the Local Public Agency, is carrying
out the Project in conformance with
the approve Urban Renewal Plan; and
WHEREAS, it is proposed that the
City of Dubuque amend the Urban
Renewal Plan to allow it to consider
proposals for acquisition and disposi-
tion of properties for private
rehabilitation within the urban
renewal area; and
WHEREAS, the Planning and Zon-
ing Commission on April 21, 1982 con-
sidered a proposed amendment to the
Urban Renewal Plan and determined
that said amendment conforms to the
purposes of the Urban Renewal Plan
and the general plan for the develop-
ment of the City of Dubuque, Iowa;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Urban Renewal
Plan for the Downtown Urban
Renewal Project, Iowa R-15, be amend-
ed as follows:
1. By adding a new paragraph to
B. 3. b. thereof, to wit:
"(3) Acquisition and disposition of
buildings for private rehabilitation in
accordance with the objectives of this
Regular Session, May 3, 1982
Urban Renewal Plan and such condi-
tions as may be determined by the
Local Public Agency."
2. By adding a new subparagraph to
D.l.a. thereof, to wit:
"(5) For disposition for private
rehabilitation in accordance with the
objectives of this Urban Renewal Plan
and such conditions as may be dete~
mined by the Local Public Agency,"
3. By amending the Land Acquisi-
tion Plan Map, Exhibit R-213-D1
thereof, to include Parcel 6, Block 2
within Parcels To Be Acquired, as
depicted on Exhibit A, attached
hereto.
Section 2. That the City Clerk of the
City of Dubuque, Iowa, be and is
hereby directed to file a certified copy
of this Resolution in the Office of the
Dubuque County Recorder.
Passed, adopted and approved this
3rd day of May, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Khiesner, Kronfeldt.
Nays--None.
Abstain--Council Member Hammel.
Communication of City Manager
questing authorization to begin
necessary preliminary actions to
enable City to acquire the Security
Building Property, presented and
read.
Council Member Klauer moved that
the commudication be received and
filed. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Klauer,
Klu~sner, Kronfeldt.
Nays--None.
Abstain--Council Member Hammel.
RESOLUTION NO. 108-82
A Resolution Directing the City
Manager to. Initiate Certain Pro-
ceedings Relating to Acquisition of
Property in the Urban Renewal Pro-
ject Area.
WHEREAS, the City of Dubuque,
Iowa has designated an Urban
Renewal Project, Iowa R-15, and is
developing said project according to
an approved Urban Renewal Plan, as
~mended; and,
WHEREAS, said Plan provides for
acquisition of certain property for the
purpose of disposition for private
rehabilitation; and,
WHEREAS, it is now appropriate
that certain proceedings be initiated
pursuant to said Plan;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the City Manager be
and he is hereby authorized and
directed to contract for appraisal se~
vices for the determination of the fair
market value for the acquisition of pro-
perry described as City Lot 29, City
Lot 30, the South Vs of City Lot 31, and
the Lot 1 of 2 of 2 and Lot I of 2 of 1,
both of City Lot 170 and the East 43
feet of City Lot 171 and the North 2' of
the East 43' of City Lot 172, all in t. he
City of Dubuque, Iowa, and inclu&ng
an appraisal of the fair market value
for disposition purposes for private
rehabilitation, according to the Urban
Renewal Plan, as amended.
Section 2. That the City Manager
and Corporation Counsel be and they
are hereby authorized and directed to
prepare an Option Agreement for the
purchase of the aforesaid property, for
a price to be established through the
appraisal process, and in a form ap-
propriate to the activities con-
templated in the Urban Renewal Plan,
as amended, and to return said Option
Agreement to the City Council for its
review and for such further pro-
ceedings as it may direct.
Passed, adopted and approved this
3rd day of May, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Delch, Klauer,
Khiesner, Kronfeldt.
Nays--None.
Abstain--Council Member Hammel.
Proof of publication, certified to by
Regular Session, May 3, 1982
154
the Publisher, of Notice of Public
Hearing to consider entering into a
Lease Agreement with the Dubuque
Arboretum Association for properties
located in Marshall Park, presented
and read.
There were no written objections
received.
Gene Heinemann showed the plans
that were intended for the Arboretum.
Council Member Klauer moved that
the proof of publication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 109-82
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion, published on April 23, 1982 in the
City of Dubuque, Iowa, the City
Council of the City of Dubuque, Iowa
met on the 3rd day of May, 1982 in the
City Council Chambers in the City
Hall, Dubuque, Iowa at 7:30 o'clock
P.M. (CDT) to consider the proposal of
entering into a Lease Agreement by
and between the CITY OF DUBU-
QUE, IOWA, as Lessor, and DUBU-
QUE ARBORETUM ASSOCIA-
TION, a non-profit corporation of
Iowa, as Lessee, covering city owned
real estate described as:
The N.W. ~A - S.E. ¼ - S.W. ¼; and
the N. 660' - E. 420' - S.W. ¼ - S.W. ¼
all in Sec. 10 - T89N - R2E - 5 P.M.
located in Marshall Park situated in
Dubuque County, Iowa, a copy of
which is attached hereto, and by
reference made a part hereof as though
fully set out herein; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to
the proposal to grant said Lease
Agreement under the terms and condi-
tions of said Lease Agreement set out
therein;
NOW, THEREFORE, BE IT RE-
SOLVED BYTHE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the proposal to enter
into a Lease Agreetnent by and bet-
ween the CITY OF DUBUQUE,
IOWA, as Lessor, and DUBUQUE
ARBORETUM ASSOCIATION a
non-profit corporation of the State of
Iowa, as Lessor, covering the
hereinabove described real estate be
~nd the same is hereby approved under
the terms and conditions of sald Lease
Agreement, a copy of which is hereto
attached and made a part hereof by
Section 2. That the Mayor and City
Cierk be and they are hereby authoriz-
ed and directed to execute said Lease
Agreement for and on behalf of the
City of Dubuque, Iowa.
Section 3. That the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the office of
the Dubuque County Recorder and the
office of the City Assessor.
Passed, adopted and approved this
3rd day of May, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klauer moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Planning and
Zoning recommending Zoning Map
amendments for the 1979 annexa-
ion area known as the North Sector
and various adjacent prqperties
(Olympic Heights Road, Hw~ 52 and
Peru Road area), presented and read.
Council Member Klauer moved that
the commupication be received and
filed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
An ORDINANCE to Amend the
Zoning Map with regard to properties
in the North Sector of the Territory in-
voluntarily annexed to the City of
Dubuque, presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
155 Regular Session, May 3,1982
Council Member Beurskens moved IPetiti°n of Cable Car Square
that the rule requiring an Ordinance to I Association requesting the City Coun-
be presented and read at two meetings cil permit the association members to
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that a Public Hearing be held on the
Ordinance on June 7, 1982 at 7:30 p.m.
in the Council Chambers at City Hall
and that the City Clerk be instructed
to publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich,
Klauer, Kluesner, Kronfeldt.
Nays--None.
An ORDINANCE Amending Zon-
ing Map with regard to properties ad-
jacent to the North Sector in the City
of Dubuque, presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Council Member
Klauer, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Deich, Hammel.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Council Members Beurskens
Klauer. Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Delch. Hammel.
Council Member Beurskens moved
that a Public Hearing be held on the
Ordinance on June 7, 1982, at 7:30
p.m. in the Council Chambers at City
Hall and that the City Clerk be in-
structed to publish notice of the Hear-
ing in the manner prescribed by law.
Seconded by Council Member Klauer.
Carried by the followlng vote:
Yeas--Council Members Beurskens,
Klauer, Kluesner, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bets Deich, Hammel.
use flags on the buildings of the
members as a means of identification
and beautification of businesses
located in the Fourth and Bluff Street
Area, presented and read.
Mary Love, as President of the
Cable Car Square Assn., stated that
their organization wanted to make
their area unique and to draw atten-
tion to it, stressing that the flags
would be well-made, whether or not
they decided on their own design or
considered the "Five Flags" theme.
Council Member Kronfeldt moved
that the petition be received and filed
and the matter submitted to the P & Z
Commission for OR-1 Zoning in the
4th Street historical district and to
come back with a solution as soon as
possible. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Council Members Beurskens,
Deich, Hammel, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bets Klauer, Kluesner.
Petition containing 261 signatures
requesting Council and Park Board
abandon attempts to penalize citizens
by prohibiting beer drinking in Dubu-
que Parks, presented and read.
Council Member Kluesner moved
that the petition be received and filed.
Seconded by Council Member Bear-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner. Kronfeldt.
Nays--None.
Communication of City Manager
submitting Ordinance amending cer-
tain Sections of Chapter 27 relating to
park]recreational facitlites, presented
and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 23-82
AN ORDINANCE AMENDING
CODE OF ORDINANCES BY RE-
PEALING CERTAIN SECTIONS OF
CHAPTER 27 AND ENACTING
NEW SECTIONS IN LIEU
THEREOF PROVIDING FOR THE
Regular Session, May 3, 1982
156
PROHIBITION OF ALCOHOLIC LI-
QUORS AND BEER IN PARKS,
OPEN SEASONS AND HOURS FOR
PARKS AND THE PROHIBITION
OF BICYCLES AND MOTOR-
DRIVEN VEHICLES IN PARKS,
presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered tha first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the rule requiring an Ordinance be
presented and read at two meetings
prior to the meeting when final action
is taken be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 23-82
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IoWA
BY REPEALING SECTION 27-37,
SECTION 27-62 AND DIVISIONS 5
AND 6 COMPRISED OF SEC-
TIONS 101, 102, 106 AND 107
THEREOF AND ENACTING A
NEW SECTION 27-37, SECTION
27-62 AND SECTION 27-96 IN
LIEU THEREOF PROVIDING
FOR THE PROHIBITION OF
ALCOHOLIC LIQUORS AND
BEER IN PARKS, OPEN SEA-
SONS AND HOURS FOR PARKS
AND THE PROHIBITION OF
BICYCLES AND
MOTOR-DRIVEN VEHICLES 1N
PARKS.
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 repeal/ng Section 27-37
thereof and enacting a new Section 27-
37 in lieu thereof as follows:
"Sec. 27-37. Intoxicating beverages.
(a) The consumption or use of alco-
holic liquors or wine as defined by
Chapter 123 of the Code of Iowa or
any type of wine product is prohibited
in any public park or park and recre-
ation facility including park roadways
and parking lots.
(b) The consumption of beer on any
park roadway or parking lot or in cars
is prohibited at all times.
(c) Where the use or consumption of
beer is permitted, no beer in contain-
ers commonly referred to as "keg beer"
shall be permitted at any fime.
(d) The consumption or use of beer is
prohibited in the following named
parks:
Jackson Park; Grant Park; Washing-
ton Park; Burden Playground; Madi-
son Park; Allison-Henderson Park;
Jefferson Park; Hilltop Playground;
Booth Tennis Court; Mans Conser-
vation Park; Oakwood Park; Falk
Playground; E, B. Lyons Prairie /
Woodland Preserve; Flat Iron Park;
Peter Cooper Playground; Municipal
Pool; Comiskey Field; Gay Play-
ground; Avon Park; Caledonia Play-
ground; Waller-Cooper Tot Lot;
Cleveland Park; University Park;
Valley High Playground; Hillcrest
Tot Lot"
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Section 27-62
thereof and enacting a new Section 27-
62 in lieu thereof as follows:
"Sec. 27-62. Open season and hours
generally.
(a) The open season or hours for parks
and park and recreation facilities shall
be establislled by the Park Board, sub-
ject to the concurrence of the City
Council,
(b) During the period of time other
than the regular open park season, no
person shall enter or remain in any
park or park and recreation facility.
(c) During the period of time other
than the regular open park season, the
Park Board ~nay designate the hours
for specific parks to be open for vehic-
ular traffic.
(d) The City Manager or authorized
representative shall have the authority
to close any or all parks, park and rec-
reation facilities, park roadways and
park parking lots before scheduled
closing hours at times it is deemed nec-
essary in the interest and safety of the
public."
Section 3, That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Divisions 5
and 6 comprised of Sections 101, 102,
106 and 107 thereof and enacting a new
Section 27-96 in lieu thereof as fol-
lows:
"Sec. 27-96. Bicycles, motorcycles, etc.
The use of bicycles, motorcycles,
motor scooters, go-carts, cars, trucks
and other motor-driven vehicles other
than those vehicles engaged in
authorized park maintenance and
Regular Session, May 3, 1982
security in any park or park or recre-
ation facility may be prohibited by
the Park Board."
PASSED, APPROVED AND
ADOPTED this 3rd day of May,
1982.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 7th day of May
1982.
Mary A, Davis
City Clerk
It 5/7
Council Member Beurskens moved
final adoption of the Ordinance, as
amended. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Beurskens moved
that the Park Board Resolution be ap-
proved, said Resolution attached to
Ordinance No. 23-82. Seconded by
Council Member Klauer. Carried by
the foliowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer. Khiesner, Kronfeldt.
Nays--None.
Communication of City Manager re-
questing approval for emergency
replacement of a service truck for the
Transit Dept., presented and read.
Council Member Khiesner moved
that the communication be received
and filed and request approved.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communication of Planning and
Zoning Commission yecommending ap-
proval of final plat of "Key City In-
vestment Co. Place" located east of
Wacker Drive and south of John F.
Kennedy Road, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
FAauer, Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 11{~82
Resolution Approving Plat of Lot 1
and Lot 2 of "Key City Investment Co.
Place" in the City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of Lot 1 and
Lot 2 of "Key City Investment Co.
Place" in the City of Dubuque, Iowa;
and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and they find that the
sa~e confor~ns to the statutes and or-
dinances relating thereto, except that
Lot 2 lacks frontage on a public street;
and
WHEREAS, the City Planning and
Zoning Commission also finds that
said plat subdivides a portion of the
property included in a preliminary
development plan approved in accor-
dance with the Zoning Ordinance of
the City of Dubuque, Iowa, which plan
approval was conditioned among other
things upon the dedication of addi-
tional right-of-way for Wacker Drive
at such time as the third phase of said
plan was submitted for final approval;
and
WHEREAS, said plat has been ap-
proved by the City Planning and Zon-
ing Commission on the condition that
the property owner acknowedge that
Lot 2 will only be developed in con-
junction with another lot which has
street frontage, and that additional
right-of-way for Wacker Drive be
dedicated upon submission of Phase
III final development plans for Key
City Investment Company Planned
Unit Development; and
WHEREAS, Said plat has been ex-
amined by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto; and
WHEREAS, the City Council con-
curs in the condition of approval
established by the City Planning and
Zoning Commission;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section L That the above-described
plat be and the same is hereby approv-
ed and the Mayor and Clerk be and are
hereby authorized and directed to en-
dorse the approval of the City of Dubu-
Regular Session, May 3, 1982
158
quo upon said plat, provided that the
owner of said property shall execute a
written acceptance hereto attached,
acknowledging and agreeing:
a) That Lot 2 will only be developed
in conjunction with another lot which
has street frontage; and
b) That in accordance with the condi-
tionally approved preliminary develop-
ment plan for the property additional
right-of-way for Wacker Drive will be
dedicated from Lot 1 upon submission
of Phase III final development plans
for Key City Investmant Company
Planned Unit Development.
Section 2. That in the event the
owner fails to execute the Acceptance
provided for in Section 1 herein within
forty-five (45) days after the date of
this Resolatio.~ the provisions herein
shall be null and void and the approval
of the Plat shall not be effective.
Passed, adopted and approved this
3rd day of May, 1982.
James E. Brady
'Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 110-82
We, the undersigned Koy City In-
vestment Co. having read the terms
and conditions of the foregoing
Resolution No. 110-82 and being
familiar with the condition thereof,
hereby accept the same and agree to
the conditions required therein.
Dated at Dubuque, Iowa this 12th
day of May, 1982,
KEY CITY INVESTMENT CO,
By: N. J. Yiannias, President
By: Christine Yianniae, Secretary
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Klauer, Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurekene, Deich, Hammsl,
Klauer, Kluesner, Krenfeldt,
Nays--None.
Communication of P & Z submitting
report on Council referral relative to
rezoning request of Don's Transmis-
sion Services, presented and rand,
Council Member Klucsner moved
that the communication be received
and filed. Seconded by Council
Member Beurekens, Carried by the
following-'/ots:
Yeas--Mayor ~]rady, Council Mem-
bors Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Council Member Klauer moved to
grant L-I Industrial Zoning. Seconded
by Council Member Hammel. Vote on
the motion was as follows:
Yeas--Mayor Brady, CounciI Mem-
bers Beurskens, Deich, Hammel,
Klauer.
Nays--Council Members Kluesner,
Kronfeldt.
MOTION FAILED FOR LACK OF
A THREE-FOURTHS VOTE.
Council Member Kronfeldt moved
that this matter be submitted to
Legal, P & Z, and Staff to prepare an
Amendment to the Zoning Ordinance
to address itself to non-conforming
uses, and the way in which non-
conforming areas can be improved.
Seconded by Council Member Deicb.
Carried by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Kronfeldt.
Nays--Mayor Brady, Council Mem-
bers Klauer, Kluesner.
Communication of City Manager
submitting an Ordinance relative to
meetings for the Transit Board,
presented and read.
Council Member Deich moved that
the communication be received and
filed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 24-82
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING A NEW SECTION 38-75(a) OF
DIVISION 2 OF ARTICLE III PRO-
VIDING FOR MEETINGS FOR THE
TRANSIT BOARD, presented and
Council Member Deich moved that
thc reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Klauer. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt,
Nays--None,
Council Member Delch moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Klauer. Carried by
the following vote:
159
Regular Session, May 3, 1982
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
ORDINANCE NO. 24-82
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA AMEND-
ING THE CODE OF ORDI-
NANCES OF THE CITY OF
BUBUQUE, IOWA BY I)ELETING
SECTION 38-75(a) OF DIVISION 2
OF ARTICLE III OF CttAPTER 38
THEREOF AND ENACTING A
NEW SECTION 38-75(a) TO DIVI-
SION 2 OF ABT1CI, E III OF
CHAPTER 38 IN LIEU TItEREOF
TO PROVIDE FOR MEETINGS
FOR THE TRANSIT ACTHORITY
OF TttE CITY OF DUBUQUE,
IOWA.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBCQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be and the same is hereby amended by
deleting Section 38-75(a) to Division 2
of Article III of Chapter 38 in lieu
tt~ereof to read as follows:
"CHAPTER 38 ARTICLE Ill.
DIVISION 2. TRANSIT
AUTHORITY
Sec. 38-75(a) Thc transit authority
shall meet not leKq than bimonthly
on a regularly scheduled day."
PASSED, APPROVED AND
ADOPTED this 3rd day of May,
1982. James E. Brady
ATTEST: Mayor
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 7th day of May
1982.
Mary A. Davis
It 5/7 City Clerk
Council Member Deich moved fina
adoption* of the Ordinance. Seconded
by Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel
Klauer, Kluesne~', Kronfeldt.
Nays--None.
Communication o~ Council Member
Hummel requesting approval of an
Agreement with Chamber of Com-
merce for Economic Development Ser-
vices, presented and read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council Mem-
ber Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Allen Carew, as Pres. of the
Chamber of Commerce, stated that
their organization does its best to
meet the expectations, and welcomes
xiticism and comments.
RESOLUTION NO. 111-82
A Resolution Approving an Agree-
ment for Economic Development Ser-
vices with the Dubuque Area Chamber
of Commerce
WHEREAS, the City Council of the
City of Dubuque, ~owa desires to
maintain an economically viable com-
munity by encouraging private sector
development which produces jobs for
the unemployed and expands job op-
portunities for persons of low and
moderate income; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that a program of economic develop-
ment research and the promotion of
economic development opportunities
through the provision of services to
local business and industry and
through the recruitment of new firms
to the Dubuque labor market is a
necessary element in a program of
economic enhancement; and
WHEREAS, the Dubuque Area
Chamber of Commerce has established
an Economic Development Depart-
ment, and has obtained funds for the
support of the objectives and ac-
tivities noted above, and has offered
assistance to the City of Dubuque,
Iowa in carrying-out a program of
such activities; and
WHEREAS, the Dubuque Area
Chamber of Commerce have proposed
to enter into an Agreement for the pro-
vision of economic development ser-
vices hereto attached and marked Ex-
hibit "A";
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Agreement for
Economic Development Services,
hereto attached and marked Exhibit
"A"is hereby approved and the Mayor
and City Clerk are hereby authorized
Regular Session, May 3, 1982
160
and directed to endorse such approval
of the City of Dubuque, Iowa upon
said Agreement.
Section 2. That tke City Manager be
and he is hereby authorized to make
such payments to the Dubuque Area
Ckamber of Commerce as are provided
for in the aforesaid Agreement, in an
amount not to exceed $25,000, from
Community Development Block Grant
funds as provided for in the FY '83
budget, according to the terms and
conditions for payment set forth in
said Agreement, and to direct and
undertake such other activities as may
be specified therein.
Passed, adopted and approved this
3rd day of May, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member HIammel moved
adoption of the Resolution and ap-
proval of the Agreement, as amended.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Me~n-
bers Beurskens, Deich, Hammel,
Klauer. Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 112-82
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.
Do Sac Inc. dlb/a Molly Maguires
206 West 3rd Street
Tri-State Independent Blind Society
1098 Jackson Street
Passed, adopted and approved this
3rd day of May. 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Klauer. Carried by
th~ following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, KronfeIdt.
Nays--None.
RESOLUTION NO. 113-82
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
Evening Optimist Club of Dubuque
McAleece Recreation Area
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Walgreen Co. 555 J.F.K. Rd.
(Also Sunday Sales)
Nash Finch Company J.F.K. Rd.
(Sunday Sales Only)
Passed, adopted and approved this
3rd day of May, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer. Kluesner, Kronfeldt.
Nays--None.
RESOLUTION NO. 114-82
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.
161
Regular Session, May 3, 1982
CLASS "C" (COMMERCIALI
BEER AND LIQUOR LIDENSE
Judith Ann Schiai 342 Main St.
(Also Sunday Sales)
Jerry Turner * J & RC Inc.
431 Rhomberg Ave.
Kathleen M. Waish 2093 Washington
Passed, adopted and approved this
3rd day of May, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Petition of Jaycees requesting to
transfer Beer Permit from 1023¥~
Main St. to 2900 Dodge St. on May 22
and 23, 1982, presented and read.
Council Member Daich moved that
the transfer be approved. Seconded by
Council Member Klauer. Carried by
the following vote:
Yeas--Mayar Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
MINUTES SUBMITTED: Cable
Regulatory Commission of 4-14; Hous-
ing Commission of 4-21; Park Board of
4-22; Plumbing Board of 4-22; Plann-
lng and Zoning Commission of 4-14
presented and read.
Council Member Deich moved that
the minutes be received and filed.
Seconded by Council Member Klauer,
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Proofs of publication of Notice to
release funds of Fiscal Year 1983
Block Grant Funds for the lIth St.
Roadway Improvements; and Notices
of Findings of No Significant Effect on
the Environment for various projects,
presented and read.
Council Member Daich moved that
the proofs of publication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens Deich, Hammel
Klauer, Kluesner, Kronfeldt.
Nays--None.
Communications of Civil
Aeronautics Board submitting an
Order extending requirement to pro-
vide Essential Air Transportation by
Ozark Air Lines to Fort Dodge and
Mason City for an additional thirty
day period; and submitting an Order
to show cause for fitness determina-
tion of American Central Airlines, Inc.
to provide essential air service at
specified points, presented and read.
Council Member Deich moved that
the communications be received and
filed. Seconded by Council Member
Klauer. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
There being no further business,
Council Member Klauer moved to ad-
journ. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klauer, Kluesner, Kronfeldt.
Nays--None.
Mary A. Davis
City Clerk
Approved__ 1982
Adopted _ .1982
Mayor
Council Members
ATTEST:
City Clerk
Special Session, May17,1982
162
CITY COUNCIL
OFFICIAL
Special Session, May 17, 1982.
Council Met at 7:30 P.M. Public
Library Auditorium.
Present--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Harley F. Stark, Jr.
Absent--Mayor Brady.
Mayor Pro-Tern Klauer read the call
and stated that service thereof had
been duly made and this Meeting is
called for the purpose to conduct Hear-
ings on the suspension or revocation of
Class "C" Beer Permits and acting
upon such other business which may
properly come before the Council.
Invocation was given by Rev.
Margaret Wendell of Grandview Ave.
United Methodist Church.
PROCLAMATIONS: Recognizing
the Dubuque Island X-1 Seabee
Veterans of America, received by
John Schublin; May 20-23, 1982
"DubuqueFest Days" received by Jim
Ryan; May 16-22, 1982 "Transporta-
tion Week" received by Al Tornblom;
May 23, 1982 "Dubuque Rescue Mis-
sion Day" received by Jack Harley.
Brian Southwood of the Dubuque
Jaycees presented the monthly "Eddy
Award" to Community Development
Director Daniel D. Dittemore.
Council Member Beurskens moved
to suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communications of Security
Building Partnership submitting a
Proposal for the acquisition and
redevelopment of the Security
Building, presented and read.
Ken Haynie, Bonding Counsel from
Des Mdines, clarified various aspects
of the proposed tax increment bonding
relative to the Security Building pro-
perty.
Let the record show that Council
Member Hammel advised his past
voting record and future voting record
will show him to abstain from voting
on the Security Building Project due
to the fact that the company he is
employed by has been awarded a con-
tract to do a portion of the renovation
work.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt. Nays--None.
Abstain--Council Member Hammel.
Absent--Mayor Brady.
Communication of City Manager
submitting completed property ap-
praisals, Option Agreement, and
Disposition Documents related to the
Security Building Project, presented
and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the fdilow-
lng vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich.
Kluesner, Kronfeldt. Nays--None.
Abstain--Council Member Hammel.
Absent--Mayor Brady.
RESOLUTION NO. 115-82
A Resolution Authorizing Acceptance
of an Option Agreement for Purchase
of Certain Property in Furtherance of
the Downtown Urban Renewal Plan,
as Amended.
WHEREAS, Resolution No. 107-82
was adopted, after public hearing, and
provided for an amendment to the Ur-
ban Renewal Plan for ~he Dubuque
Downtown Urban Renewal Project,
Iowa R-15; and,
WHEREAS, the foregoing amend-
ment provided for acquisition of cer-
rain real estate, including the real
estate hereinafter described; and,
WHEREAS, Resolution No. 108-82
directed that the fab' market value for
acquisition of the real estate
hereinafter descFlbed be determined
through appraisal, and that an Option
Agreement for the purchase of said
property be prepared;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
163
IOWA:
Section 1. That the appraiser's opi-
nion of fair market value for acquisi-
Hon of the following described real
estate, as hereto attached, and marked
"Exhibit A", declared to be the fair
market value of said real estate, to wit;
Legal Description
City Lot29, City Lot30, the South ~
of City Lot 31, Lot I of 2 of 2 and Lot 1
of 2 of i both of City Lot 170 and the
East 43 feet of City Lot 171, and the
North 2 feet of the East 43 feet of City
Lot 172, all in the City of Dubuque,
Iowa, and being generally known as
the "Security Building",
Fair Market Value per Appraisal
$750,000, as per date of May 10, 1982.
Section 2. That the Option Agree-
ment, as offered and executed by z~IK,
Inc., a Wisconsin corporation, and
dated May 13, 1982, as hereto attached
and marked "Exhibit B', be and the
same is hereby accepted, and the
Mayor and City Clerh are authorized
and directed to endorse thereon such
acceptance on behalf of the City of
Dubuque, Iowv,
Section 3. That the exercise of the
foregoing Option Agreement by the
City of Dubuque shall be according to
the direction of the City Council of the
City of Dubuque, as it may hereafter so
determine.
Passed, adopted and approved this
17th day of May, 1982.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by' Council Member Deich. Carried by
the following vote:
Yeas--Mayor Pro-Tern Klauer
Council Members Beurskens, Deich,
Kluesner, Kronfeldt. Nays--None.
Abstain--Council Member Hammel.
Absent--Mayor Brady.
RESOLUTION NO. 116-82
Resolution 7(1) Approving the
Minimum Requirements, Competitive
Criteria, Offering Documents and Pro-
cedures for Disposition of the Security
Building Property; (2) Determining
that the Proposal Submitted by
Security Building Partnership
Satisfies the Offering Requirements
and Declaring the Intent of the City to
Enter into the Contract for Sale of
Special Session, May 17, 1982
Land for Private Development By and
Between the City and Security
Building Partnership in the Event
that no Competing Proposals are Sub-
mitted; and (3) Soliciting Competing
Proposals.
WHEREAS, the City of Dubuque,
Iowa, did on May 18, 1967, adopt an
Urban Renewal Plan for the
Downtown Dubuque Urban Renewal
Project, Iowa R-15 (the "Plan"); and
WHEREAS, such Plan has provided
for amendments from time to time to
permit the City to respond to develop-
ment opportunities as and when they
~night appear; and
WHEREAS, such Plan was amend-
ed by Resolution No, 107-82 dated
May 3, 1982 (Fourth Amendment), to
include acquisition and disposition of
~roperties for private rehabilitation as
a proposed renewal action and to in-
clude Parcel 6. Block 2 consisting
generally of the Security Building and
site within Parcels To Be Acquired as
shown on the Land Acquisition Plan
Map, Exhibit R-213-D1; and
WHEREAS, Security Building
Partnership (the "Redevleoper")
responded to the circumstances above
described by submitting to the City a
specific proposal for acquisition of the
Security Building for rehabilitation of
the property, together with a request
that this property be made available
for disposition as rapidly as possible;
and
WHEREAS, in order to establish
reasonably competitive bidding pro-
cedures for the disposition of the pro-
)erty in accordance with the statutory
requirements of Chapter 403, Code of
Iowa, 1981 and particularly Section
403.8, and to assure that the City ex-
tends a full and fair opportunity to all
redevelopers interested in submitting
a proposal, a summary of submission
requirements and minimum re-
quirements and competitive criteria
for the Security Building Offering has
been prepared and is attached hereto
as Exhibit A and by this reference is
made a part hereof, which sets out the
minimum requirements each proposal
must satisfy in order to qualify for
consideration with respect to the com-
petitive criteria, the information and
documents which must be submitted,
and the schedule for submission and
competitive bid-off procedures; and
Special Session, May 17, 1982
164
WHEREAS, said Security Building
Partnership has submitted a detailed,
signed proposal, and has executed and
tendered the contract for purchase of
land for private redevelopment with
the City, attached hereto as Exhibit B,
which proposes a retail and office
development on this property; and
WHEREAS, to both recognize the
firm proposal for the disposition of the
property already received by the City,
as above described, and to give full
and fair opportunity for other
redevelopers interested in submitting
a proposal for rehabilitation of the pro-
perty, this Council should by this
Resolution:
1. Approve the Appraisal of the Pro-
perty (Exhibit D) and set the fair
market value of the parcel for uses
in accordance with the Urban
Renewal Plan as amended.
2. Approve the information and in-
structions for the submission of
proposals for the purchase and
rehabilitation of the property and
the minimmn requirements and
the competitive criteria (Exhibit
Al.
3. Approve the Security Building
Partnership Proposal (Exhibit B)
4. Approve the Deed by and between
the City and the Redeveloper
(Exhibit E) as to form.
5. Set a date for receipt of competing
proposals and the opening
thereof; establish a procedure for
each proponent to better its pro-
posal and set a cut-off time for
such modification; and provide for
review of such proposals with
recommendations to this Council
in accordance with established
6.Declare that the proposal submit-
ted by Security Building Partner-
ship satisfies the requirements of
the offering, and that in the event
no other qualified proposal is
timely submitted that the City in
tends to accept such proposal and
enter into the Contract (Exhibit C)
and direct publication of notice of
said intent.
7.Approve and direct publication of
a notice to advise any would-be
competitors of the opportunity to
compete for purchase of the pro-
perty for rehabilitation on the
terms and conditions set out
above.
8.Declare that in the event another
qualified proposal is timely sub-
mitred, another and further notice
will be published of the intent of
the City to enter into the resulting
contract, as required by law.
and;
WHEitEAS, this Council believes it
is in the best interest of the City and
the Plan to act as expeditiously as
possible to offer this property for
redevelopment as set out herein.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Dubuque, Iowa:
1. That the following legally describ-
ed property known as the Security
Building property shall be offered for
disposition for rehabilitation in accor-
dance with the terms and conditions
contained in this resolution, to wit:
City Lot 29, City Lot 30, the South
1/~ of City Lot 31, and Lot 1 of 2 of 2
and Lot i of 2 of 1, both of City Lot
170 and the East 43' of City Lot 171
and the North 2' of the East 43' of City
Lot 172, all in the City of Dubuque,
Iowa.
2. That the appraisal of the property
by Iowa Appraisal and Research Cor-
poration (Exhibit D) is hereby ac-
cepted and approved, and it is hereby
determined that the disposition price
of the property shall be the amount of
$450,000 outright purchase of the pro-
perty, which price is its fair value for
use in accordance with the .Urban
Renewal Plan.
3. That it is hereby determined that
in order to qualify for consideration for
selection, each developer must submit
a proposal which meets these
minimum requirements:
a. is in the amount of the "fixed
sales price";
b. is for substantial rehabilitation
of the building at a construction cost
not less than $2,000,000 including
replacement of plumbing, mechanical
and electrical systems, sealing and fill-
lng of the vaulted sidewalks, and cot-
rection of any conditions in violation
of the City of Dubuque Building and
Fire Codes;
c. provides for the preservation of
the building facade in accordance with
plans certified by the United States
Department of the Interior;
d. includes a predominance of
retail trade uses for occupancy of the
first floor, or Main Street level;
e. contains a preliminary construc-
tion schedule which provides for com-
165
Special Session, May 17, 1982
mencement of construction within six
months and completion within one
year of the date of final approval of the
proposal;
f. includes a written commitment
for permanent financing or similar
demonstrative evidence of the finan-
cial capacity to timely commence and
complete the proposed rehabilitation
activities;
g. sets out the redeveloper's ex-
perience in working with the public/
private redevelopment projects and
with construction;
h. sets out the experience of the
principals and key staff who are direct-
ly engaged in performance of contract
obligations in carrying out projects of
similar scale and character; and
i. includes a statement of intent to
enter into an agreement with the City
binding the redeveloper, his suc-
cessors and assigns to accept an
assessed value placed upon the com-
pleted project by the City Assessor
without protest, challenge or objec-
tions for that period of time necessary
for the taxes paid on the property to
equal the debt service for the con-
templated Urban Renewal Tax Incre-
ment ~onds;
4. That it is hereby determined that
each proposal submitted which
satisfies the minimum requirements,
as determined by the City, shall be
reviewed on the basis of the strength
of such proposal as judged by the
following competlvie criteria:
a. Quality of the Proposed
Development
(1) The overall cost of the pro-
ject by square foot and unit, ex-
~inding land value;
:12) The types of materials
shown for constructinn of the
interior and exterior of the
structure; and
(3) The amenities included in
the project.
b. Architectural Design of the
Proposed Development
(1) The compatibility of the de-
sign to the existing adjacent
structures, vistas, pedestrian
and vehicular activities and to
the future development of the
adjacent blocks;
(2) The functional design of the
site and functional design of the
structures;
(3) The aesthetic quality of the
development; and
(4) Preservation of desirable
architectural features including
the facade.
c. Economic Feasibility of Propos-
ed Developoment
(1) The ability of the prespec-
tire redeveloper to finance and com-
plete the project as proposed; and
(2) The economic return to the
community provided by the
proposed development.
5. That the proposal of Security
Building Partnership to enter into an
agreement with the City for a deed of
the property is hereby approved as to
form for the purposes hereinafter
stated.
6. That the proposed contract for
purchase of land for private redevelop-
ment by and between the City and
Security Building Partnership (Ex-
hibit C) be and is hereby approved as
to form for the purposes hereinafter
stated.
7. That for the purpose of defining
the offering of the property for
rehabilitation, said contract shall be
deemed to be illustrative of the terms
acceptable to the City with respect to:
a. Easements to be retained by
the City.
b. Special Provisions.
c. Form of Deed.
d. Time and place of delivery of
deed.
e. Recordation of the contract and
deed.
f. Performance assurances.
g. Time for commencement and
completion of improvements, except
as provided below.
h. Preparation of the property for
redevelopment.
i. Rights of access to the property.
j. Construction plans; im-
provements; certificate of completion.
k. Prohibitions against assign-
ment and transfer.
1. Remedies.
m. All miscellaneous provisions.
provided, however, that each com-
peting proposal and contract shall be
permitted:
(1) To devise and report its own
design for redevelopment so long as
the minimum requirements set out in
Exhibit A are met.
(2) To provide for outright purchase.
{3) To devise and report its own
method and sources of financing, so
long as such proposal is sufficient to
assure financing of the project in a
Special Session, May 17, 1982
166
(4) To allow taking possession
of the property to be delayed for up to
six (6) months after the execution of
the contract.
No other substantive deviations
shall be permitted.
8. That the Proposal and Contract
submitted by Security Building Part-
ncr ship satisfy the requirements of the
offering and, in the event that no other
qualified proposals are timely submit-
ted, that the City enter into said con-
tract is hereby accepted and approved.
9. That it is hereby determined that
Security Building Partnership
possesses the qualifications, financial
resources and legal ability necessary
to acquire and redevelop the property
in the manner proposed by this offer-
lng and in accordance with the Urban
Renewal Plan as amended to date.
10. That it is hereby determined that
the disposition price for the property
offered by Security Building Partner-
ship is in the amount of the fair value
thereof established by this Council
hereinabove for uses in accordance
with the Urban Renewal Plan.
11. That the City Clerk shall receive
and retain for public examination the
attached Proposal (Exhibit B) and
Contract (Exhibit C) for rehabilitation
of the property submitted by Security
Building Partnership and, in the event
no other qualified proposals are timely
submitted, shall resubmit the same to
this Council for final approval and ex-
ecution upon expiration of the notice
period hereinafter prescribed.
12. That the action of this Council be
considered to be and does hereby con-
stitute notice to all concerned of the in-
tention of this Council, in the event
that no other qualified proposals are
timely submitted, to accept the Pro-
posal of Security Building Partnership
to acquire and rehabilitate the proper-
ty and to enter into the Contract for
Redevelopment by and between the
City and Security Building Partner-
13. That the Official Notice of this
offering and of the intent of the City,
in the event no other qualified pro-
posals are timely submitted, to enter
into the Contract for Redevelopment
by and between the City and Security
Building Partnership, shall be a true
copy of this resolution, but without
the attachments referred to herein.
14. That the City Clerk is authorized
and directed to secure immediate
publication of said Official Notice in
the Telegraph Herald, a newspaper
having a general circulation in the
community, by publication of the text
of this resolution on or before the nine-
teenth day of May, 1982.
15. That written proposals for the
sale and rehabilitation of the property
will be received by the Director of the
Department of Community Develop-
ment or his designated staff member
at or before 9:30 a.m., June 21, 1982.
Said proposals will be received in the
Department of Community Develop-
ment Office, located on the second
floor at City Hall, Dubuque, Iowa
52001. Each proposal will be then
publicly opened at the hour of 10:00
a.m. in the Council Chambers, City
Hall, Dubuque, Iowa on June 21, 1982.
Said proposals will then be presented
to the City Council on at 7:30 p.m.
June 21, 1982, at a meeting to be held
in the Auditorium of the Carnegie-
Stout Pablic Library, Dubuque, Iowa.
16. That such offering shall be in
substantial conformance with the pro-
visions of Section 403.8(2), Cede of
Iowa, 1981, requiring "reasonable
competitive bidding procedures" as
same are herein prescribed which
method is hereby determined to be the
appropriate method for making the
property available for rehabilitation.
17. That the required documents for
the submission of a proposal shall 1Se in
substantial conformity with the provi-
sions of this Resolution and shall in-
clude those forms and documents
listed in the Information and Instruc-
tions for submission of proposals (Ex-
hiblt A).
Each document shall be completely
executed by the redeveloper in, all par-
ticulars required by said documents in
quadruplicate, except that the con-
tract need only be submitted with two
original executed counterparts and
two duplicate copies.
18. That a meeting to clarify submis-
sion procedures, to respond to
developer questions, and to provide
assistance in the formulation of pro-
posals shall be held at 10:00 a.m., May
24, 1982, iht he office of the Director of
the Department of Community
Development, Dubuque, Iowa 52001.
Any other inquiries must be made in
writing prior to June 11, 1982 and will
be responded to in writing.
19. That the City Clerk is hereby
nominated and appointed as the agent
of the City of Dubuque, Iowa to
receive proposals for the sale of the
property from the Director of the
167
Special Session, May 17, 1982
Department of Community Develop-
ment or his designated staff member
aL the date and according to the pro-
cedure hereinabove specified for
receipt of such proposals and to pro-
ceed at such time to formally
acknowledge receipt of each of such
proposals by noting the receipt of
same in the minutes of the Council;
that the said Director of the Depart-
ment of Community Development be
and is hereby authorized and directed
to make preliminary analysis of each
such proposal for compliance with the
minimum requirements established by
this Council hereinabove. For each pro-
posal which satisfies these re-
quirements, the Council shall judge
the strength of the proposal by the
competitive criteria established
hereinabove. ,The Council shall then
make the final evaluation and selection
of the proposals.
20. That following receipt of com-
peting proposals Security Building
Partnership shall have until 9:00 a.m.
on June 25, 1982 to amend its proposal
in response and to deliver same to the
Director of the Department of Com-
munity Development.
21. That if, and only if, competing
proposals are received and determined
by the Council to meet the minimum
requirements of this Resolution, and
Security Building Partnership amends
its proposal in response thereto, such
Council shall forthwith schedule a
meeting within four days after Jane
25, 1982, at which meeting there shall
be a bid-off, each proposal against the
other, seriatim starting with the se-
cond proposal received until such time
as each proponent for the sale of the
property shall decline to improve its
bid in response to the last bid of the
other bidder or bidders. The period of
time to be allowed for such bid-off
shall not be in excess of three con-
secutive hours on said date. The rules
of such bid-off shall be as informally
determined by the Council at or before
such bid-off period and shall be ab-
solute.
22. That in the event another
qualified proposal is timely submitted,
another and further notice shall be
published of the intent of the City of
Dubuque, Iowa to enter into the
resulting contract, as required by law.
Passed and approved this 17th day
of May, 1982.
John P. Klauer
Mayor Pro-Tem
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
to adopt the Resolution, as amended
by striking the words "at no less than
$2,200.00" in subsection "i" of Part 3
located on Page 5 of the original
Resolution. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Kluesner. Kronfeldt. Nays--None.
Abstain--Council Member Hammel.
Absent--Mayor Brady.
Communication of City Manager
submitting documents concerning the
establishment of an Urban Renewal
Tax Increment Digtrict and the sale of
Tax Increment Bonds, 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 Pro-Tern Klauer,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt. Nays--None.
Abstain--Council Member Hammel.
Absent--Mayor Brady.
An ORDINANCE Providing that
General Property taxes levied and col-
lected each year on all property
located within the Downtown Dubu-
que Urban Renewal Project Area in
the City of Dubuque, County of Dubu-
que, State of Iowa, by and for the
benefit of the State of Iowa, City of
Dubuque, County of Dubuque, Dubu-
que Community School District, and
other taxing districts, be paid to a
special fund for payment on principal
and interest on loans, monies advanc-
ed to and indebtedness, including
bonds issued or to be issued, incurred
by said City in connection with said
Urban Renewal Redevelopment Pro-
ject, presented and read.
Council Member Kronfeldt moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt.
Nays--None.
Abstain--Council Member Hammel.
Absent--Mayor Brady.
Special Session, May 17, 1982
168
RESOLUTION NO. 117-82
Resolution Fixing Date for a Meeting
on the Proposition of Issuing Not to
Exceed $360,000 Urban Renewal Tax
Increment Revenue Bonds, and Pro-
viding for Publication of Notice
Thereof
WHEREAS, it is deemed necessary
and advisable that the City of Dubu-
que, Iowa, consider the issuing of Ur-
ban Renewal Tax Increment Revenue
Bonds, in an amount not to exceed
$360,000, as authorized by Section
403.9 of the Code of Iowa. for the pur-
pose of providing funds to pay costs of
carrying out the Downtown Dubuque
Urban Renewal Project, Iowa R-15, in
accordance with the plan thereof, in-
clu~ting without limitation the acquisi-
tion of real estate; and
WHEREAS, neither Chapter 403
nor any other Code provision sets
forth any procedural action required to
be taken before said Bonds may be
issued, and pursuant to Section 364.6
of the Code of Iowa, it is determined
that the procedure specified in Code
Section 384.25 shall apply and it is
deemed sufficient that the action
hereinafter described be taken and the
Clerk publish a notice of the proposal
and of the time and place of the
meeting at which the Council proposes
to take action thereon.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That commitments for the
purchase of said Bonds have been
heretofore received.
Section 2. That this Council meet in
the Auditorium at the Public Library
at Dubuque, Iowa, at 7:30 o'clock p. m.,
on the 21st day of Juae, 1982, for the
purpose of taking action on the matter
of issuing not to ~x_~eed $360,000 of U~
ban Renewal Tax Increment Revenue
Bonds, the proceeds of which will be
used to provide funds to pay costs of
carrying out the Downtown Dubuque
Urban Renewal Project, lowa R-15, in
accordance with the plan therkof, in-
cluding without limitation the acquisi-
t~on of real estate, consisting primarily
of the Security Building.
Section 3~ That the Clerk is hereby
directed to cause at least one publica-
tion to be made of a notice of said
meeting, in a legal newspaper, printed
wholly in the English language,
published at least once weekly, and
having general circulation in said City,
said publication to be not less than
four nor more than twenty clear days
before the date of said public meeting.
Section 4. That notice of the propos-
ed action shall be in substantially the
following form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA, ON THE MATTER OF
THE PROPOSITION OF ISSUING
NOT TO EXCEED $360,000 URBAN
RENEWAL TAX INCREMENT
REVENUE BONDS, AND THE
HEARING ON THE ~°ROPOSAL
THEREOF.
PUBLIC NOTICE is hereby given
that the Council of the City of Dubu-
que, Iowa, will hold a public hearing on
the 21st day of June, 1982, at 7:30
o'clock p.m., in the Auditorium at the
Public Library, in Dubuque, Iowa, at
which meeting the Council proposes to
take additional action for the issuance
of not to exceed $360,000 Urban
Renewal Tax Increment Revenue
Bonds pursuant to Iowa Code Section
403.9, in order to provide funds to pay
costs of carrying out the Downtown
Dubuque Urban Renewal Project,
Iowa R-15, in accordance with the plan
thereof, including without limitation
the aequisitlon of real estate, eon-
slsting primarily of the Security
Building.
At the above meeting the Council of
said City shall receive oral or written
objeetions from any resident or prope~
ty owner of said City, to the above ac-
tion. After all objeetions have been
received and considered, the Couneil
will at said meeting or thereafter take
additional action for the making of the
resolution authorizing said Bonds as
proposed or as modified or will aban-
don the proposal. By order of the Coun-
cil said hearing and appeals therefrom
shall be held in aeeordance with and
governed by. the provisions of Section
384.25 of the Code of Iowa.
This notice is given by order of the
Council of Dubuque, Iowa, as provided
by Sections 384.25 and 364.6 of the
Code of Iowa. Code Section 384.25
shall govern this meeting and action
taken thereat.
Dated this 17th day of May, 1982.
Mary A. Davis
City Clerk
(End of Notice)
Passed and approved this 17th day
of May, 1982.
John P. Klauer
Mayor Pro-Tem
169
Special Session, May 17, 1982
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 Pro-Tern Klauer,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt. Nays--None.
Abstain--Council Member Hammel.
Absent--Mayor Brady.
Communication of City Manager
pertaining to permittoe violations of
State and City Beer Laws, presented
and read.
Council Member Deich moved that
the communications be received and
filed. Seconded by Council Member
Kronfeldt. Carried by the fo]lowing
vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
HammeL Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Proof of Delivery of Service in mat-
ter of City of Dubuque, Iowa, vs.
Leonard Oil Co. d/b/a Site Mini-Mart
#389, 1387 Dodge St., presented and
Council Member Deich moved that
the proof be received and filed. Second-
ed by Council Member Kronfeldt. Car-
tied by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens. Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Hearing on suspension or revocation
of Class "C" Beer Permit for above en-
sued with no one specifically address-
ing the Council on this matter.
Council Member Hammel moved
that Leonard Oil Co. d/hie Site Mini-
Mart #389 be given a fourteen day
suspension of their Class "C' Beer
Permit. Seconded by Council Member
Beurskens~ Carried by the following
votei
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Proof of Delivery of Service in the
matter of the City of Dubuque, Iowa
vs. Ralph J. Grabow, d/b/a Oky Doky
Store #14, 1050 University Ave.,
presented and read.
Council Member Beurskens moved
that the proof be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
HammeL Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of Jack Thompson,
Pres, of Oky Doky Stores, submitting
comments regarding selling beer to
minors, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens. Deicb,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Hearing on the suspension or
revocation of Class "C" Beer Permit
for above ensued with Ralph Grabow,
Thomas J. Carroll, Betty and Bob
Beecber objecting strongly to any
severe punishment for establishments
already doing all they can to safeguard
against this happening in the future,
and also stressing serious impairment
of the financial health of these places.
Council Member Hammel moved
that Ralph J. Grabow d/b/a Oky Doky
Store #14 be given a fourteen day
suspension of their Class "C" Beer
Permit. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kronfeldt.
Nays--Council Member Kluesner.
Absent--Mayor Brady.
Proof of Delivery of Service in mat-
ter of the City of Dubuque, Iowa, vs.
Vivian M. Heinz d/b/a Oky Doky #7,
3301 Pennsylvania Ave., presented
and read.
Council Member Beurskens moved
that the proof be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Hearing on the suspension or
revocation of Class "C" Beer Permit
Special Session, May 17, 1982
170
for above ensued with Attorney R.
Bertsch on behalf of Ms. Heinz objec-
ting to any long-term suspension etc.
of the beer permit as it would severely
jeopardize the financial health of the
establishment.
Council Member Hammel moved
that Vivian M. Heinz d/b/a Oky Doky
Store #7 be given a nineteen day
suspension (14 days for first offense, 5
days for second offense) to become ef-
fective June 1st. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kronfeldt.
Nays--Council Member Kluesner.
Absent--Mayor Brady.
Council Member Kronfeldt moved
that the suspensions of the two
previous Class "C" Beer Permit
holders, namely the Site Mini-Mart
and Ralph Grabow's Oky Doky
become effective only after June 1st.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Proof of Delivery of Service in mat-
ter of City of Dubuque, Iowa vs.
Robert W. Wagner d/b/a Wagner's DX
Station, 2600 Dodge St., presented
and read,
Council Member Kronfeldt moved
that the proof be received and filed,
Seconded by Council Member Beur-
sknes. Carried by the following vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Hearing on the suspension or
revocation of the Class "C" Beer Per-
mit for the above ensued with
torney Wm. Conzett speaking on
behalf of Robert Wagner, clarifying
the fact there are only two convictions
rather than three, and stressing each
case should be treated separately.
Council Member Hammel moved
that Robert W. Wagner d/b/a
Wagner's DX Station be given a nine-
teen day suspension (14 days for the
first offense, 5 days for the 2nd of-
lense) of their Class "C' Beer Permit.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kronfeldt.
Nays--Council Member Kluesner.
Absent Mayor Brady.
Council Member Beurskens moved
that the above suspension become ef-
fective June 1st or thereafter, Second-
ed by Council Member Kluesner. Car-
ried by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Council Recessed at 9:25 p.m.
Council Reconvened at 9:34 p.m.
Proof of publication on Notice of
Public Hearing on the State Transit
Assistance Grant application for
Keyline to be accomplished in FY 1983
in amount of $56,915, presented and
read.
There were no written objections
received and no oral objectors present
at the tim~ set for the Hearing.
Council Member Hammel moved
that the proof be received and filed.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady,
Proof of publication on Notice of
Public Hearing designating as ar-
chitecturally significant properties
described as 371 and 373 Bluff St.,
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Kronfeldt moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 118-82
A Resolution Designating as Architec-
turally Significant the Properties
Hereinafter Described, Pursuant to
the Requirements of Appendix A of
the Code of Ordinances.
171
Special Session, May 17, 1982
WHEREAS, the City Council has
heretofore passed, adopted, a~d ap-
proved an ordinance permitting struc-
tures with historical or architectural
significance to be used for certain low-
intensity commercial uses; and
WHEREAS, the City Council has
received a request to designate the
structures situated on the real estate
hereinafter described as being
chitecturally or historically significant
for the purpose of the Zoning Or-
dinance; and
WHEREAS, the City Council has
received and reviewed the comments
of tim State Historic Preservation Of-
ricer, the Dubuque Historic Preserva-
tion Commission and the Dubuque
County Historical Society regarding
the historical and architectural
significance of said structures; and
WHEREAS, the City Council has
held a public hearing for the purpose of
hearing all interested parties and con-
sidered all objections to the proposed
designation; and
WHEREAS. all interested parties
have been given the opportunity to be
heard.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the structures
located on the real estate hereinafter
described be and the same are hereby
deemed and found to have architec-
rural significance, which real estate is
described as follows:
373 Bluff-Lot 2 of Hayden Lane
Place in the City of Dubuque, Iowa
371 Bluff-Lot I in Hayden Lane
Place in the City of Dubuque, Iowa, ac-
cording to the recorded plat of said
subdivision, subject to the joint us~ of
the nine inch division wall and all
easements for existing installations,
maintenance, repairs, and/or
replacements and encroachments as
shown on said plat and subject to ease-
ment granted in Book 20 TI~ Page 115,
Records of Dubuque County, Iowa.
Section 2. That the passage and
adoption of this Resolution is in con.
junction with and in accordance with
Appendix A of the Code of Ordinances,
also known as the Zoning Ordinance.
Passed, adopted and approved this
17th day of May, 1982.
John P. Klauer
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Pro-Tom Klauer,
Council Members Beurskens, Deich,
Hummel, Khiesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Proof of publication, certified to by
the Publisher of Notice of Public Hear-
lng on Amendment to the Current
Budget ending June 30, 1982,
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Hummel moved
that the proof be received and filed.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Pro-Tom Klauer,
Council Member Beurskens, Deich,
Hummel, Kluesner.
Nays--Council Member Kronfeldt.
Absent--Mayor Brady.
RESOLUTION NO. 119-82
A Resolution Amending the Current
Budget for the Fiscal Year Ending
June 30, 1982.
BE IT RESOLVED, by the Council
of the City of Dubuque, Iowa:
Section 1. Following notice publish-
ed May 5, 7, 10, 1982 and the public
hearing held May 17, 1982, the current
budget (as previously amended) is
amended as set out herein and in the
detail by fund and activity that sup-
ports this resolution which was con-
sidered at that hearing:
(Table On Next Page)
SpecialSession, May17,1982 172
CURRENT GOVERNMENTAL AND CURRENT PROPRIETARY
FIDUCIARY OPERATIONS OPERATIONS
As Certified
Or Last Amount Of Amended
Amended Chang~ To:
1. Total Beginning
Cash Balance $1,893,265 $ $1,893,265 $
2. Income Other
Than Property
Tax
3. State-Shared
Revenue
4. Property Tax $10,365,826 $
Asking
5, TOTAL
RESOURCES $26,452,391 $
6, Less, Working
(Reserve)
for Appro-
priations
8. Community
Protection
9. Human
10. Home and
Community
11. Policy anO
Adminiotratlon $1,521,290 $ 37,296 $1,558,586 $ 189,677 $
12. TOTAt
APPRO-
PRIATIONS $25,411,453 $ 675,690 $26,087,143 $ 8,081,660 $
As Certified
Or Last Amount Of Amended
Amended Change To:
952,902 $ $ 952,902
Operating
$11,882,200 $ 371,184 $12,253,384 $ 8,036,258 $ 48,595 $ 8,084,853
Non-Operating
$ 2,311,100 $ $ 2,311,100 $ 183,530 $ $ 183,530
$10,365,826 $ $ $
371,184 $26,823,575 $ 9,172,690 $ 48,595 $ 9,221,285
$ 1,040,938 $ 304,506 $ 736,432 $ 1,091,030 $ 99,235 $ 991,795
$25,411,453 $ 675,690 $26,087,143 $ 8,081,660 $ 147,830 $ 8,229,490
$ 7,047,434 $ 26,434 $ 7,073,868 $ 8,964 $ $ 8,964
$ 3,466,227 $ 34,047 $ 3,600,274 $ $ $
$13,376,502 $ 577,913$13,954,415 $ 7,883,019 $ 83,222 $ 7,966,241
64,608 $ 254,285
147,830 $ 8,229,490
Xome and Policy and
PROGRAM Community Human CommunRy Adminis-
TOTALS Protection Development Environment tratlon
FROM 13. $7,056,398 $3,466,227 $21,259,521 $1,710,967
TO 14. $7,082,832 $3,500,274 $21,920,656 $1,812,871
Passed, adopted and approved this 17th day of May, 1982.
John P. Klauer
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved adoption of the Resolution. Seconded by
Council Member Beurskens. Carried by the following vote:
Yeas--Mayor Pro-Tem Klauer, Council Members Beurskens, Deich, Hammel,
Kluesner.
Nays--Council Member Kronfeldt.
Absent--Mayor Brady.
173
Special Session, May 17, 1982
RESOLUTION NO: 120-82
A Resolution for the Permanent
Transfer of Funds
WHEREAS, there is now in the
hands of the Treasurer the sum of
$153,030 credited to the Trust and
Agency Fund ($67,144), the Water
Fund ($13,931), the Sewer Fund
($16,102), the Transit Fund ($16,462),
the Refuse Fund ($30,732), the Landfill
Fund ($5,414), the Community
Development Fund ($368), the Section
8 Fund ($208), and the Parking Fund
($2,669); and
WHEREAS, there is now in the
hand of the Treasurer the sum of
$12,007 credited to the General Fund;
and
WHEREAS, there ~s now ~n the
hands of the Treasurer the sum of
$177,553 credited to the Road Use Tax
Fund; and
WHEREAS, there is now m the
hands of the Treasurer the sum of
$25,921 credited to the Community
Development Fund; and
WHEREAS, there is now m the
hands of the Treasurer the sum of
$198,102 credited to the Sewage Ren-
tal Fund; and
WHEREAS, there m now ~n the
hands of the Treasurer the sum of
$200,000 credited to the Water
Operating Fund; and
WHEREAS, there Is now in the
hands of the Treasurer the sum of
$14,800 credited to the Water
Depreciation Fund; and
WHEREAS, there m now m the
hands of the Treasurer a balance of ap-
proximately $146,822 credited to the
Sewer Depreciation Fund, $101,105
credited to the Parking Depreciation
Fund, $65,846 credited to the Water
Depreciation Fund; and
WHEREAS, there is now in the
hands of the Treasurer a balance of
$14,166 credited to the General Con-
struction Fund; and
WHEREAS, it is desired to transfer
$67,144 from the Trust and Agency
Fund; $13,931 from the Water
Operating Fund; $16,102 from the
Sewer Operating Fund; $16,462 from
the Transit Fund; $30,732 from the
Refuse Collection Fund; $5,414 from
the Landfill Fund; $368 from the Com-
munity Development Fund; $208 from
the Section 8 Fund; and $2,669 from
the Parking Fund to the Workmen's
Compensation Reserve Fund for the
establishment of a self insurance work-
h~g reserve; and
WHEREAS, it is desired to transfer
$12,007 from the General Fund to the
Golf Construction Fund in order to
reserve the prior year net surplus for
capital projects; and
WHEREAS, it is desired to transfer
$177,553 from the Road Use Tax Fund
to the Street Construction Fund in
order to provide for construction of
the 11th Street one-way pair; and
WHEREAS, it is desired to transfer
$25,921 from the Community Develop-
ment Fund to the Street Construction
Fund for the 21st Street
improvements - NDIA project ($8,338)
and the 22nd and Central traffic
signals ($17,583); and
WHEREAS, it is desired to transfer
from the Sewage Rental Fund to the
Sewer Construction Fund $135,000 in
order to support future capital im-
provement projects per the approved
Capital Improvement Program and
$63,102 for construction of the Resur-
rection sewer project; and
WHEREAS, it is desired to transfer
$200,000 from the Water Operating
Fund to the Water Construction Fund
to provide for construction of the
Cedar Cross/Crescent Ridge water
main; and
WHEREAS, it is desired to transfer
$14,800 from the Water Depreciation
Fund to the Water Construction Fund
of construction of the Liberty Street
WHEREAS, it is desired to transfer
fund balances from the Sewer, Parking
and Water Depreciation Funds to the
appropriate Construction Funds for
support of the approved Capital Im-
provement Program; and
WHEREAS, it is desired to transfer
$14,166 from the General Construc-
tion Fund to the Storm Sewer Con-
struction Fund in order to close out
the fund balance.
NOW, THEREFORE, BE IT RE-
SOLVED by the city Council of the
City of D ~ubuque, Iowa:
Special Session, May 17, 1982
174
That said sum of $1,109,352, as set
forth above, be and the same is hereby
transferred from the Trust and Agen-
cy Fund, Water Fund, Sewer Fund
Transit Fund, Refuse Fund, Landfill
Fund, Community Development Fund
Section 8 Fund, Parking Fund,
General Fund, Road Use Tax Fund,
Water Depreciation Fund, Sewer
Depreciation Fund, Parking Deprecia-
tion Fund and General Construction
Fund to the Workmen's Compensation
Reserve Fund, Golf Construction
Fund, Street Construction Fund,
Sewer Construction Fund, Water Con-
struction Fund, Parking Construction
Fund and Storm Sewer Construction
Fund, and the City Finance Director is
directed to correct his books accor-
dingly.
Passed, approved and adopted this
17th day of May, 1982.
John P. Klauer
Mayor Pro-Tem
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hummel, Kluesner.
Nays--Council Member Kronfeldt.
Absent--Mayor Brady.
Communication of City Manager
submitting Resolution requesting
Public Hearing be set concerning the
closing of a portion of Rhomberg Ave.
to vehicular access, presented and
read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hummel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 121-82
WHEREAS, the Iowa Department
of Transportation is proposing to let a
contract for the demolition of the
Eagle Point Bridge; and
WHEREAS, as a part of said
demolition, a portion of Rhomberg
Avenue will be closed to vehicular traf-
fic; and
WHEREAS, the Iowa Department
of Transportation has proposed that
the City Council of the City of Dubu-
que approve agreement number
82-16-039 relating to the closure of a
portion of Rhomberg Avenue.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That a public hearing be
set for June 21, 1982, at 7:30 p. m, at the
Dubuque Public Library for the pur-
pose of considering the closure of
Rhomberg Avenue to vehicular traffic
from the west abutment of the Eagle
Point Bridge to a cul-de-sac to be con-
structed approximately 800 feet south
of the bridge abutment, and the adop-
tion of agreement number 82-16-039
with the Iowa Department of
Transportation relating to said
Section 2. That nol~ce of said hearing
shall be published at least twenty days
prior to the date of the hearing.
Section 3. That notice of said hearing
be sent by certified mail to all adjoin-
lng property owners and affected utili-
ty companies.
Passed, approved and adopted this
17th day of May, 1982.
John P. Klauer
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hummel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of P & Z Commis-
sion approving amendment to the Zon-
ing Ordinance revising the current C-2
Commercial District Accessory Uses
and Structures by providing for and
controlling the parking of service
vehicles in the district (requested by
Group W. Cable for property at 3033
Asbury Rd.), presented and read.
Council Member Hummel moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hummel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
175
Special Session, May 17, 1982
An ORDINANCE Amending Code
of Ordinances by enacting a new Sec-
tion 4-113.3 of Article IV in lieu
thereof to allow service vehicle park-
ing as an accessory use and regulate
the number and weight of the vehicles,
presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Counci Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Council Member Hammel moved
that a Public Hearing be held on the
Ordinance on June 7, 1982 at 7:30 p.m.
in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish notice of the Hear-
ing in the manner prescribed by law.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Petition of Attorney Robert Bertsch
on behalf of Key City Investment Co.
requesting a six month extension of
time within which to submit a Final
Development Plan for the expansion of
Theatre No. 5, presented and read.
Council Member Kronfeldt moved
that tlie petition be received and filed
and six month extension approved.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel. Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Proof of publication of Notice to
Contractors for the receipt of bids for
the E. llth Street Reconstruction
from Central Ave. to Kerper Blvd.,
presented and read.
Council Member Beurskens moved
that the proof be received and filed.
Seconded by Council Member Ham-
mel. Carried by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
recommending awarding of contract
for above to Flynn Co. Inc. being
14.4% under engineer's estimate.
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Hammel. Carried by the
following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
(Awarding Contract)
RESOLUTION NO. 122-82
WHEREAS, sealed proposals have
been submitted by contractors for the
East Eleventh Street Reconstruction
from Central Avenue to Kerper Blvd.
pursuant to Resolution No. 79-82 and
notice to bidders published in a
newspaper published in said City on
April 16, 1982; and
WHEREAS, said sealed proposals
were opened and read on May 4, 1982,
and it has been determined that the
bid of Flynn Company, Incorporated
of Dubuque in the amount of
$300,810;77 was the lowest bid for the
furnishing of all labor and materials
and performing the work as provided
for in the plans and specifications.
NOW, THEREFORE. BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above-
mentioned improvement be awarded
to Flynn Company, Incorporated and
the Manager be and is hereby directed
to execute a contract on behalf of the
City of Dubuque for the complete per-
formance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said con-
tract and the approval of the con-
Special Session, May 17, 1982
176
tractors bond, the City Treasurer is
authorized ~nd instructed to return
the bid deposits of the unsuccessful
bidders.
Passed and adopted this 17th day of
May, 1982.
John P. Klauer
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting an Ordinance allowing
Dubuque Bank and Trust Co. to install
an overhead twinaxial communica-
glens cable across the alley east of
Locust St. between 7th & Sth Streets,
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--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 25-82
AN ORDINANCE AUTHORIZING
DUBUQUE BANK AND TRUST CO.
TO CONSTRUCT A TWINAXIAL
CABLE BETWEEN THE DUBUQUE
BUILDING AND NESLER
CENTER, presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meedings
prior to the meeting when final action
is taken be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 25-82
AN ORDINANCE AUTHORIZING
DUBUQUE BANK & TRUST COM-
PANY TO CONSTRUCT A TWIN-
AXIAL CABLE BETWEEN THE
DUBUQUE BUILDING AND THE
NESLER CENTER.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Dubuque Bank &
Trust Company as tenants of the
premises known as Nesler Center, 799
Main St., Dubuque, Iowa and legally
described as City Lot 58, except the
southerly 28.1 feet thereof, City Lots
56 and 57, in the City of Dubuque,
Iowa, according to the United States
Commissioners' Map of the Town of
Dubuque, I/)wa be and they are hereby
granted the revocable permit and
authority to construct and maintain an
overhead twinaxial cable under the
terms and conditions set forth in this
Ordinance.
Section 2. That such construction
sttall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the
City Manager, and in accordance with
all applicable state and federal laws
~and regulations, and the Ordinances of
the City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a) Assume any and all liability for
damages to persons or property
which may result from the existence.
location, installation, construction or
maintenance of said twinaxial cable
b) Pay on behalf of the City of
Dubuque, all sums whicli the City of
Dubuque shall become obligated to
pay by reason of the [lability imposed
upon the City of Dubuque for dam-
ages of any kind resulting from the
location, installation, existence, con-
struction or maintenance of said
twinaxial cable sustained by any per-
son or persons, caused by accident or
otherwise to defend at its own
expense and on behalf of said City
any claim against the City of
Dubuque arising out of the location,
installation, existence, construction
or maintenance of a twinaxial cable
177
Special Session, May 17, 1982
and to pay reasonable attorney fees
tberefl~re; and
e) Indemnify and hold the City of
Dubuque free and harmless from any
and all claims, loss, liability and
expense for death and/or injuries to
third persons or damages to property
of third persons, or for damage to
any property of the City of Dubuque
which may occur as a result of or in
connection with the location, instal-
lation, construction, maintenance
and repair of the facility, work or
improvement pertnitted herein.
Section 4. That the permission
her~in granted is expressly conditioned
upon permittees' further agreement
that should the right and privilege
herein granted be rescinded or revoked
by the City Council, permittees, or
their saccessors in interest, as owners
of the abutting property, shall within
ten (10) days after receipt of written
notice from the City Manager, so to
do, at their own expense, remove said
twinaxial cable and in the event of
their failure so to do, the City of
Dubuque shall be authorized to
remove said twinaxial cable at permit-
tees' expense and dispose of the same,
and the permittee shall have no claim
against the City or its agents for dam-
ages resulting from the removal of said
twinaxial cable
Section g. That permittees conven-
ant and agree that the revocable per-
mit herein granted does not constitute
an approval of the design, erection,
location, construction, repair or main-
tenance of said facility and said per-
mittees hereby convenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death, per-
sonal injuries and/or property damage
against the permittees arising out of or
in any way connected with the loca-
tion, installation, construction, design,
repair and maintenance of the facility
herein permitted.
Section 6. This Ordinance shall
become effective and the rights hereun-
der accrue to Dubuque Bank & Trust
Company when this Ordinance has
been adopted by the City Council and
the terms and conditions thereof
accepted by permittees by acceptance
endorsed on this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this Ordinance in the office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
17th day of May, 1982
John P. Klauer
Mayor Pro-tern
kTTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 25-82
The undersigned having read and
being famihar with the terms and con-
titions of Ordinance No. 25-82 hereby,
for themselves, their successors or
assigns, as owners of the abutting prop-
erty. accept the same and agree to be
bound by the conditions and agree-
ments therein contained to be per-
formed by permittees.
Dated: May 19, 1982
BY: Paul J, Peckosh
Vice-President
Published officially in the Telegraph
Herald newspaper this 24th day of
May 1982,
Mary A. Davis
City Clerk
It 5/24
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting Resolution providing for
the submission of the application for
Fiscal Year 1983 Community Develop-
ment Block Grant Funds, 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 Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 123-82
Authorizing the lqling of a Program
Statement for a Community Develop-
ment Block Grant for the City of
Dubuque.
WHEREAS, The City of Dubuque is
entitled to participate in the Com-
munity Development Block Grant
Program authorized under the provi-
sions of Title I of the Housing and
Community Development Act of 1974.
as amended; and
Special Session May 17, 1982
178
WHEREAS, the City of Dubuque
has been declared eligible for funding
in the amount of $979,000; and
WHEREAS, the Community
Development Block Grant Statement
has been developed so as to give max-
imum feasible priority to activities
which will benefit low and moderate in-
come persons and aid in the prevention
of elinfination of slums and blight; and
WHEREAS, the City of Dubuque
has privided the citizens of the com-
munity with opportunities to comment
on the Program Statement:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the filing of a Pro-
gram Statement for participation in
the Community Development Block
Grant Program is hereby approved,
and the Mayor of the City of Dubuque
is hereby authorized and directed to
execute the necessary documentation
on behalf of the City of Dubuque.
Section 2. That the Director of the
Department of Community Develop-
ment is hereby authorized and directed
to submit in the required number of
copies, the executed Statement of In-
tent to the U.S. Department of Hous-
lng and Urban Development and other
appropriate agencies together with
such other documents evidencing the
approval and authorizing the execu-
tlon and implementation of such State-
ment of Intent as may be required.
Passed, adopted and approved this
17th day of May, 1982.
John P. Klauer
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting Resolution providing for
approval of Supplement No. 12 to the
Code of Ordinances to the City,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 124-82
Adopting Supplement No. 12 to the
Code of Ordinances of the City of
Dubuque, Iowa.
WHEREAS, under date of
November 16, 1981, the City Council,
pursuant to Ordinance 63-81,
readopted the Code of Ordinances of
the City of Dubuque for ordinances
adopted up to and including March 10,
1981; and
WHEREAS, since March 10, 1981,
the City Council of Dubuque, Iowa,
has adopted certain ordinances amen-
ding the Code of Ordinances and said
amendments have been printed as sup-
plements to the Code of Ordinances;
and
WHEREAS, the Section 880.8 of
the Code of Iowa provides that sup-
plements, by resolution, become part
of the Code of Ordinances.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Supplement No. 12 to
the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Dubuque, Iowa, up to and through
December 21, 1981, printed by the
Municipal Code Corporation
Tallahassee, Florida, hereto filed in the
office of the City Clerk of the City of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Passed, adopted and approved this
17th day of May, 1982.
John P. Klauer
Mayor Pro-Tem
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
179
Special Session, May 17, 1982
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting Ordinance pertaining to
notices of beer and liquor violations,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Carried by the following
Yeas--Mayor Pro-Tern Klauer,
Council Members Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Beurskons.
Absent--Mayor Brady.
ORDINANCE NO. 26-82
AN ORDINANCE AMENDING
CODE OF ORDINANCES BY AD-
DING A NEW SECTION 5-8 TO
CHAPTER 5 TO PROVIDE THAT
NOTICE, AND THE MANNER
THEREOF BE GIVEN TO BEER
PERMITTEE OR LIQUOR LICEN-
SEE OF CITATION FOR VIOLA-
TION OF SECTION 5-3 OR 5-7 OF
CHAPTER 5 OF THE CODE OF OR-
DINANCES, presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Pro-Tern Klauer,
Council Members Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Beurskens.
Absent--Mayor Brady.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Pro-Tom Klauer,
Council Members Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Beurskens.
Absent--Mayor Brady.
ORDINANCE NO. 26-82
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA AMEND-
ING THE CODE OF ORDI-
NANCES OF THE CITY OF
DUBUQUE, IOWA, BY ADDING A
NEW SECTION 5-8 TO ARTICLE
I OF CHAPTER 5 THEREOF TO
PROVIDE THAT NOTICE, AND
THE MANNER THEREOF, BE
GIVEN 'FO BEER PERMITTEE
OR LIQUOR LICENSEE OF CITA-
TION FOR VIOLATION OF SEC
TION 5-3 OR SECTION 5-7 OF
CHAPTER 5 OF THE CODE OF
ORDINANCES OF TIlE CITY OF
DUBUQUE, IOWA,
NOW THEREFORE BE IT
ORDAINED BY THE CITY COEN-
C1L OF THE C1TY OF DUBDQUE,
IOWA:
Section 1. That the Code el Ordi-
nances of (he City el Dubuque, Iowa
be and the same is hereby amended hy
adding a new Section 3-8 to Article I
of Chapter 5 thereof to read as fol~
"Chapter 5. ARTICLE 1.
Sec. 5-8. Notice of Violation upon
ls.suance of Citation.
The Chief of Police, or his designee,
shall provide written notice to a beer
permit or liquor license holder upon is-
suance of summons or citation to any
employee or agent for a violation of
Sec. 5-8 or Sec. 5-7 of this Chapt&, or
the provisions of Iowa Code 123.47 or
123.49. Such notice of violation shall
be directed to the permit or license
holder as recorded in the office of the
City Clerk, and shall be by Certified
United States Mail, Return Receipt
Requested.
When the holder of the permit or
license has been issued a citation or
summons coincidental to the same ac-
tion of the police, the above provision
of notice shall not be required."
PASSED, APPROVED AND
ADOPTED this 17th day of May,
1982.
John P. Klauer
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph-
Herald newspaper this 24th day of
May, 1982.
Mary A. Davis
City Clerk
I t 5/24
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Pro-Tom Klauer,
Council Members Deich, Hammel,
Kluesner, Kronfeldt.
Nays--Council Member Beurskens.
Absent--Mayor Brady.
Communication of City Manager
submitting Ordinance providing for
the dissolving of the Park Board and
Special Session, May 17, 1982
180
the Playground and Recreation Com-
~hission and creating a Park and
Recreation Commission for the City,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 27-82
AN ORDINANCE AMENDING
CERTAIN SECTIONS IN
CHAPTER 27 BY ENACTING NEW
SECTIONS IN LIEU THEREOF
CREATING A PARK AND
RECREATION COMMISSION AND
THE OFFICE OF PARK AND
RECREATION DIRECTOR,
presented and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Beurskens. Carried by the fo]lowing
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Khiesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 27-82
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
FOR THE CITY OF DUBUQUE,
IOWA BY REPEALING SECTION
27-1 OF ARTICLE L SECTIONS
27-21 THROUGH 27-24 OF D1VI-
SION 2 OF ARTICLE II, SECTION
27-34 OF DIVISION. 4 OF ARTI-
CLE II, SECTIONS 27-77
THROUGH 27-83 OF DIVISION 2
OF ARTICLE II1 AND SECTION
27-84 OF DIVISION 3 OF ARTI-
CLE III THEREOF AND ENACT-
ING NEW SECTIONS 27-1
THROUGH 27-12 OF DIVISION 1
OF ARTICLE 1, SECTIONS 27-20
AND 27-21 OF DIVISION 2 OF
ARTICLE I AND SECTION 27-25
OF DIVISION 4 OF ARTICLE I 1N
LIEU THEREOF CREATING A
PARK AND RECREATION COM-
MISSION AND THE OFFICE OF
PARK AND RECREATION
DIRECTOR.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances for the City of Dubuque, Iowa
is amended by repealing Section 27-1
of Article I, Sections 27-21 through 27-
24 of Division 2 of Article II, Section
27-34 of Division 4 of Article II, Sec-
tions 27-77 through 27-83 of Division 2
of Article 11I and Section 27-84 of
Division 3 of Article III thereof and
enacting new Sections 27-1 through 27-
12 of Division 1 of Article I, Sections
27-20 and 27-21 of Division 2 of Article
I and Section 27-25 of Division 4 of
Article I in lieu thereof as follows:
"PARK AND RECREATION
COMMISSION
ARTICLE 1
DIVISION 1. PARK AND
RECREATION COMMISSION
Sec. 27-1. Park and Recreation Com-
mission Created.
There is hereby created a Park and
Recreation Commission to have such
powers and respon~bilitles as herein-
after provided.
Sec. 27-2. Purpose.
The purpose of the Commission is:
(a) To contribute to the general beau-
tification of the City of Dubuque and
assist in providing facilities for active
and passive recreaUmn through land-
scaping and maintaining park land and
facilities, and
(b) To provide year round opportuni-
ties for organized recreational acf~vi-
ties for residents of all ages and social
groups.
Sec. 27-3. Powers.
The responsibilities of the Commission
(a) To establish rules and regulations
governing the use of all grounds and
facilities that have been or may be set
aslde as public parks, playgrounds and
other such park and recreation facili-
ties. Such rules and regulations to
include but not limited to:
(1) Establishment of opening and clos-
ing hours for the use of all park and
recreation facilities by the genral pub-
lic, subject to the concurrence of the
City Council.
(2) Establishment and collection of
181
Special Session, May 17, 1982
fees including the issuance of permits
for public use of all park and recre-
ation facilities.
(b) To establish rules and regulations
for all recreational program~ provided
by the City including the establish-
ment and collection of fees for partici-
pation by the public in such activities.
(c) To advise the City Council on all
matters pertaining to park and recre-
ation grounds facilities, programs and
needs.
Sec. 27-4. Cooperation With Other
Agencies.
In the conduct and operation of recre-
ation grounds and recreation programs,
the Commission shall cooperate with
the Dubuque Community School Dis-
trict, Archdiocese School System and
all other groups interested in the pro-
motion and implementation of recrea-
tional activities which are in the best
interest of the City of Dubuque.
Sec, 27-5. Solicitation and Accep-
tance of Donations.
The Commission may solicit and oth-
erwise accept donations and gifts of
money, personal and real property and
personal services. All such donations
and gifts as received shall become the
property of the City of Dubuque for
the general use of support of park and
recreation programs of the City of
Dubuque unless ~uch items have beer
designated by' the donors for specific
purposes.
Sec. 27-6. Membersl~ip, Appoint-
ment.
(a) The Commission shall be comprised
of a msmhrrship of seven (7) persons
who shall be appointed by the City
Council for terms of three years. Four
(4) members of the Commission shall
constitute a quorum for the transac-
tion of business. All action of the
Commission shall be by resolution and
the affirmative vote of at least four (4)
members shall be necessary for the
adoption of any resolution.
(b) Three of the original appointments
to the Commission shall be for a term
of one year including one member of
the Park Board in office on June L0,
1982, one member of the Playground
and Recreation Commission in office
on June 30, 1982 and one member
appointed from the general public; two
of such original appointments shall be
for terms of two years including one
member of the Park Board in office on
June 30, 1982 and one member of the
Playground and Recreation Commis-
sion in office on June 30, 1982; and two
of such original appointments shall be
for terms of three years including one
member of the Park Board in office on
June 30, 1982 and one member of the
Playground and Recreation Commis-
sion in office on June 30, 1982. In the
event any of the initial appeintments
to the Commission required to be made
from the Park Board or the Play-
ground and Recreation Commission
can not be filled, said initial appoint-
ments shall be made from the general
(c) The expiration date for all terms of
office shall be June 30 of the appropri-
ate year.
(d) Membership on the Commission
shall be limited to persons who are res-
idents of the City.
(e) Vacancies caused by death, resig-
nation or otherwise on the Commission
shall be promptly filled by the City
Council for the unexpired term of
office.
Sec. 27-7. Attendance.
(a) Members of the Commission shall
attend at least two-thirds (2/3) of all
regularly scheduled and held meetivgs
within any twe]ve-montfi period. If
any member does not attend such pre-
scribed number of meetings; it shall be
grounds for the commission to recom-
mend to the City Council that the
be declared vacant and a
replacement appointed.
(b) The attendance of all commission
members shall be entered upon the
minutes of all meetings by the secre-
tary.
Sec. 27-8. Compensation.
All members of the commission shall
serve without compensation except for
Sec. 27-9. Organization.
(a) The officers of the Commission
shall be a chairperson, a vice-chairper-
son and a secretary. All officers shall
be members of the Commission.
(b) At the initial meeting of the Com-
mission and at the first meeting in July
of each year, the Commission shall
elect the above identified officers to
serve one-year terms of office. All offi-
cers shall be eligible to Serve successive
Sec. 27-10. Meetings.
(a) The Commission shall hold an
organizational meeting on a date
selected by the Mayor as soon as pos-
sible after the Commission is estab-
lished and the initial appointments
made.
(b) The Commission shall meet not less
than bknonthly, after 4:30 p.m. on a
regularly scheduled day,
(c) Special meetings may be called'by
the chairperson or~ at the written
request of three members.
(d) All meetings shal] be called and
held in conformance with the Iowa
Open Meetings Law.
Special Session, May 17, 1982
182
(e) A copy of the minutes of all regular
and special meetings of the Commis-
sion shall be filed with the City Coun-
cil within ten (10) working days after
each such meeting.
Sec. 27-11. Internal Rules and Regu-
lations.
The Commission may adopt such rules
and regulations to govern its internal
organization and procedures as it may
deem necessary and which are not in
conflict with this Article or other reso-
lutions and decisions of the City Coun-
cfi. Such rules and regulations upon
their adoption shall immediately be
provided the City Council.
Sec. 27-12. Administrative and
Other City Policies.
All administrative, personnel, account-
ing, budgetary and procurement poli-
cies of the City shall govern the
Commission in all of its operations.
DIVISION 2. PARK AND RECRE-
ATION DIRECTOR.
Sec. 27-20. Office Created; Respon-
sibilities Generally.
There is hereby created the office of
director of parks and recreation of the
City charged with the responsibility of
directing and administering the activi-
ties of the Park and Recreation Divi-
sions omprising the Parks and
Recreat v)n Department.
Sec. 27-21. Appointment; Term of
Office.
The Director of Parks and Recreation
shall be appointed by the City Man-
ager and shall hold office at the plea-
sure of the City Manager.
DIVISION 4. USE REGULATIONS.
Sec. 27-25. Definitions.
As used in Division 4 and Division 5 of
this Article. the following terms shall
have the meanings indicated:
(a) "Board", "the Board" shall mean
the Park and Recreation Commission
of the City.
(b) "Parks", "parkways" shall mean
parks, parkways, buildings, park roads
or driveways, and all public service
facilities or grounds, buildings and
structures in and adjacent to the City,
which are under the responsibility of
the Commission,"
PASSED, APPROVED AND
ADOPTED this 17th day of May,
1982,
John P. Klauer
ATTEST: Mayor Pro-tern
Mary A. Davis,
City Clerk
Published officially in the Telegraph
Herald newspaper this 24th day of
May, 1982.
Mary A. Davis
It 5/24 City Clerk
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Beur.
skens. Carried by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
BOARDS AND COMMISSIONS:
Communication of Gary Emenitove
submitting resignation from Cable
Regulatory Commission, presented
and read.
Council Member Beurskens moved
that the communication be received
and flied and resignation accepted
with regret. Seconded by Council
Member Hammei. Carried by the
following vote:
Yeas--Mayor Pro~Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Applications for ANY Board or
Commission: F. M. Hellert and
Thomas H. Kersch.
MECHANICAL BOARD:
1 Vacancy (3 Year Term to Expire
3-16-85, Must be Steam Fitter Worker)
Nominees: Frank J. Schwartz,
Michael J. Tschudi.
Council Member Beurskens voted
for Schwartz; Mayor Brady-Absent;
Council Member Deich voted for
Schwartz; Council Member Hammel
voted for Schwartz; Mayor Pro-Tern
Klauer voted for Schwartz; Council
Member Kluesner voted for Schwartz;
Council Member Kronfeldt voted for
Schwartz.
Therefore, Frank J. Schwartz reap-
pointed to the Mechanical Board for a
three year term to expire March 16,
1985.
PLANNING AND ZONING
COMMISSION:
2 Vacancies (Two three-year terms
which will expire 5-24-85.)
Nominees: Paula Benner, Robert L.
Downs, Daniel P. Ernst, Jim Farber,
Kerin Moldenhauer, Tilden Polsean.
First Vote: Council Member Beur-
skens voted for Downs & Ernst; Mayor
Brady-Absent; Council Member
Deich voted for HeIlert & Farber;
Council Member Hammel voted for
Benner & Ernst; Mayor Pro-Tem
Klauer voted for Hellert & Polsean;
Council Member Kluesner voted for
183
Special Session, May 17, 1982
Benner & Ernst; Council Member
Kronfeldt voted for Downs.
There being no majority, a second
vote was taken.
Second Vote: Council Member Beur-
skens voted for Downs & Ernst;
Mayor Brady-Absent; Council
Member Deich voted for Hellert &
Benner; Council Member Hammel
voted for BenDer & Ernst; Mayer Pro-
Tern KinDer voted for Benner &
Heilert; Council Member Khiesner
voted for Benner & Ernst; Council
Member Kronfeldt voted for Downs.
Therefore, Paul Benner appointed to
the Planning and Zoning Commission
for a three year term which will expire
May 24, 1985.
Third Vote: Council Member Beur-
skens voted for Downs; Mayor Brady -
Absent; Council Me~nber Deich voted
for Hellert; Council Member Hammel
voted for Ernst; Mayor Pro-Tem
Klauer voted for Hellert; Council
Member Khiesner voted for Ernst;
Council Member Kronfeldt voted for
Downs.
Fourth Vote: Council Member Beur-
skens voted for Downs; Mayor Brady -
Absent; Council Member Deich voted
for Hellert; Council Member Hammel
voted for Downs; Mayor Pro-Tem
Klauer voted for Hellert, Council
Member Kluesner voted for Downs;
Council Member Kronfeldt voted for
Downs.
Therefore, Robert L. Downs ap-
pointed to a three year term on the
Planning and Zoning Commission
which will expire May 24, 1985.
qW CABLE REGULATORY
COMMISSION:
I Vacancy (1 Unexpired Term to Ex-
pire 6-30-83)
Nominees: David J. Arnold, Rod
Bakke, Douglas Hilby, Jim Renier.
Council Member Beurskens voted
for Arnold; Mayor Brady-Absent;
Council Member Delch voted for Ar-
nold; Council Member Hammel voted
for Arnold; Mayor Pro-Tem Klauer
voted for Arnold; Council Member
Kluesner voted for Arnold; Council
Member Kronfeldt voted for Arnold.
Therefore, David J. Arnold ap-
pointed to the TV Regulatory Commis-
sion for an unexpired term which will
expire 6-30-83.
NEWLY CREATED PARK AND
RECREATION COMMMISSION:
7 Vacancies (Two-three year terms
to expire 6-30-85; Two-two year terms
to expire 6-30-84; Three-one year terms
to expire 6-30-83)
Nominees: Present Park Board
Members: David Willoughby, Fred
Appel, Gene P. Thompson; Present
Recreation Commission Members In-
crested in new Commission: Betty
Nugent, Michael J. Buelow, Francis J.
(Cbip) Murray, Patricia Kucera; and
At Large Applicants: Richard
Baumhover, Harry J. Eemis, Dianne
M. Helm, Pual E. Hoffmann, M.
Catherine Kane, Sandi Loeffelholz,
Carole B. Loetscher, Joseph Panozzo,
Wm. R. Regan.
Three Year Terms: Council Member
Beurskens voted for Thompson &
Murray; Mayor Brady - Absent; Coun-
cil Member Deich voted for Appel &
Buelow; Council Member Hammel
voted for Appel & Murray; Mayor Pro-
Tem Klauer voted for Appel & Nug-
gent; Council Member Kluesner voted
for Appel & Murray; Council Member
Kronfeldt voted for Appel & Murray.
Therefore Fred Appel and F.J. (Chip)
Murray appointed to the Park and
Recreation Commission for three year
terms which will expire June 30, 1985.
Two Year Terms: Council Member
Beurskens voted for Thompson &
Buelow; Mayor Brady - Absent; Coun-
cil Member Deich voted for Thompson
& Kucera; Council Member Hammel
voted for Thompson & Kucera; Mayor
Pro-Tem Klauer voted for Thompson
& Kucera; Council Member Kluesner
voted for Thompson & Buelow; Coun-
cil Member Kronfeldt voted for
Willoughby and Kucera.
Therefore, Gene P. Thompson and
Patricia Kucera appointed to the Park
and Recreation Commission for two
~ear terms which will expire June 30,
One Year Terms: Council Member
Beurskens voted for Buelow & Regan;
Mayor Brady-Absent; Council
Member Deich voted for Nugent &
Hinke; Council Member Hammel
voted for Buelow & Regan; Mayor Pro-
Tem Klauer voted for Nugent &
Regan; Council Member Kluesner
voted for Buelow & Regun; Council
Member Kronfeldt voted for Buelow &
Regan.
Therefore, because of the above
vote, Michael J. Buelow and Wm. R.
Regan appointed to one year terms at
the Park and Recreation Commission,
which terms will expire 6-30-83 AND
David Willoughby, because of being
an active Park Bd. member, appointed
to a one year term with the Park and
Recreation Commission for a one year
Special Session, May 17, 1982
184
term which will expire 6-30-83.
Upon discussion, it was approve~
that alternates to Operation: New
View for Rhonda Kronfeldt would be
Lores Kluesner and for John KinDer
would be Mrs. Elaine Barwick.
RESOLUTION NO. 125-82
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
flint 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
with said City.
Beecher Co., Inc. 1691 Asbury
Beecher Co., Inc. 2399 White
Canfield Hotel 36 W. 4th St.
Dubuque Inn Best Western
3434 Dodge
Dubuque Packing Co. 701 E. 16th St.
Eagle Discount Center #109
200 S. Locust St.
Eagle Discount Supermarket//130
1800 Elm Street
Eagle Discount Center #320
2050 John F. Kennedy Rd.
Mike Weber & Randy Rick d/b/a 52 Tap
3670 Central Avenue
Happy's Place, Inc. 2323 Rockdale
Iowa Oil Co., Jackson St. IOCO #2
1998 Jackson St.
Iowa Oil Co., University IOCO #3
University & Asbury Rd.
Miracle Car Wash, Inc. 255 Locust
Palmer Drug Co. 2600 Dodge
Riverside Bowl 1860 Hawthorne
Robert's Food Service, Inc. 62 Locust
Liberty Restaurants, Inc. dlb/a Sfikas
401~405 Central Ave.
Silver Stallion Lounge 32nd & Jackson
Earl Schumacker Oky Doky Foods #5
2204 Central Avenue
Thompson's Food Market #1
250 West 1st Street
Trausch Baking Company 25 Main
Passed, adopted and approved this
17th day of May, 1982.
John P. KinDer
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Pro-Tern KinDer,
Council Members Beurskens, Delch,
Hammel, Khiesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 126-82
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 perndt
to sell Cigarettes and Cigarette Papers
with said City.
Grove Tool, Inc. d/b/a Hawkeye Inn
925 Century Drive
Passed, adopted and approved this
17th day of May, 1982.
John P. Klauer
Mayor Pro-Tem
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 127-82
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
Resurrection Men's Service Club
McAleece Fields
(Also Sunday Sales)
Nelson Milllman 445 Bluff St.
(Also Sunday Sales)
Kevin McGfffin's Kitchen, Inc.
3500 Dodge St.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Beecher Co., Inc. 2399 White St.
(Also Sunday Sales)
Beecher Co., Inc. 1691 Asbury Rd.
(Also Sunday Sales)
Earl E & E Thomas Schumacher
250 W. 1st Street
(Also Sunday Sales)
185
Special Session, May 17, 1982
Passed, adopted and approved this
17th day of May, 1982.
John P. Klauer
Mayor Pro-Tem
ATTEST:
Mary A. Davis
City Clerk
Council Member De(ch moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, De(ch,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Petition of The Bistro requesting to
transfer their Beer Permit from 951
Main St. to Town Clock Plaza at 7th
and Main Streets on May 21, 22 & 23,
presented and read.
Council Member De(ch moved that
the petition be received and filed and
request to transfer be approved.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tern Klauer
Council Members Beurskens, De(ch,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 128-82
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 "A" (CLUB)
BEER AND LIQUOR LICENSE
Dubuque Golf & Country Club
1800 Randall Place
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
D,E.Q. Inc. 4th & Locust
(Also Sunday Sales)
American Legion Post 6 1306 Delhi
Beverly A. Larsen 3050 Asbury
(Also Sunday Sales)
1933, Inc. 225 W. 6th St.
IAlso Sunday Sales)
Neeleon E. & Mary L. Ness
32nd & Jackson St.
Passed, adopted and approved this
17th day of May, 1982.
John P. Klauer
Mayor Pro-Tem
ATTEST:
Mary A. Davis
City Clerk
Council Member De(ch moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens,, De(ch,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady:
MINUTES SUBMITTED: Airport
Comm. of 4-22; Community Develop-
ment of 4-13; Public Library of 4-20;
Park Board of 4-22, 4-8, and 5-6; Dock
Board of 4-28; TV Cable Tele-
Programming Comm. of 5-4; Five
Flags Comm. of 4-26; P & Z Comm. of
5-5, presented and read.
Council Member Beurskens moved
that the minutes be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Proof of publication, certified to by
the Publisher of List of Receipts and
Expenditures for month of March,
1982, 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 Pro-Tern Klauer,
Council Members Beurskens, De(ch.
Hammei, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
NOTICES OF CLAIMS: Daniel M.
Colllgan, in unknown amount for per-
sonal injuries; Darryl Galle in amount
of $1,000 for false arrest and]or' false
imprisonment; Alfred L. Polsean in
amount of $350 for property damages;
Harold O. Leitner in unknown amount
for car damages; James Kiernan in
Special Session, May 17, 1982
186
amount of $108 for car damages;
presented and read.
Council Member Beurskens moved
that the claims be referred to the Cor-
poration Counsel for investigation and
report. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of Corporation
Counsel requesting reconsideration on
denial of claim of Richard Patters and
recormuending settlement in amount of
$61.80, presented and read.
Council Member Beurskens moved
Chat the settlement be approved and
Finance Director to issue proper
check. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, De(ch,
Hammel, Kiuesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of Corporation
Counsel reconunending settlement of
car damage claim of Karen Wernimont
in the amount of $55.66, presented and
read.
Council Member Beurskens moved
that the settlement be approved and
the Finance Director to issue proper
check. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, De(ch,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of City Solicitor ad]
vising of dismissal of suit filed by Mir-
co Ltd. at no cost to the City of Dubu-
que, 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 Pro-Tern Klauer,
Council Members Beurskens, De(ch,
Hammel, Kkiesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Petition of Peoples Natural Gas Co.
requesting permission to excavate in
Alpine St. to repair leaking customer
gas service line, presented and read.
Council Member Beurskens moved
that the petition be approved. Second-
ed by Council Member Kronfeldt. Car-
ried by the following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, De(ch.
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of Iowa DOT advis-
lng of proposals to let a pedestrian
overpass repair project on Primary
Road No. US 20 on June 8th (located
near the St. Joseph and Marion
Streets intersection), 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 Pro-Tem Klauer,
Council Men,bets Beurskens, De(ch,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of Delos A.
Dorweiler regarding three non-
enforced traffic noise ordinances,
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 Pro-Tern Klauer.
Council Members Beurskens,' De(ch,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Br~/dy.
Certificate of Merchants Bonding
Co. advising of authorization to tran-
sact its appropriate business of Fideli-
ty and Surety Insurance in the State
of Iowa until the 1st of May, 1983,
)resented and read.
Council Member Beurskens moved
that the certificate be received and fil-
ed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, De(ch,
Hammel. Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of Federal Com-
munications Commission submitting a
Memorandum Opinion and Order
regarding KDUB-TV's petition for
reconsideration, presented and read.
187
Special Session, May 17, 1982
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Pro-Tern Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Communication of West Side
Business and Professional Association
of Dubuque submitting comments
regarding paving of J.F.K. Road and
Wacker Dr. improvements from Penn-
sylvania Ave. to Highway 20,
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 Pro-Tern Kinuer
Council Members Beurskens, Deich,
Hammei, Khiesner, Kronfeldt.
Nays--None.
Absent--Mayer Brady.
Dick Kemp, addressed the Council
relative to the People's Natural Gas
petition for excavation.
There being no further business
Council Member Deich moved to ad-
journ. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Pro-Tem Klauer,
Council Members Beurskens, Deich,
Hammel, Kluesner, Kronfeldt.
Nays--None.
Absent--Mayor Brady.
Mary A. Davis
City Clerk
Approved __1982
Adopted _ __1982
Mayor
Council Members
ATTEST:
City Clerk
Regular Session, June 7,1982
188A
CITY COUNCIL
OFFICIAL
Regular Session, June 7, 1982.
Present--Mayor Brady, Council
Members Deich, Hammei, Klauer,
Klnasner, Kronfeldt, City Manager W.
Kenneth Gearhart, Corporation
Counsel Harley F. Stark, Jr.
Absent--Council Member Bour-
skens.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
REGULAR MONTHLY MEETING
of the City Council called for the pur-
pose to act upon such business which
may properly come before the Council.
Invocation was given by Eugene
Zirker, Bishop of the Church of Jesus
Christ of Latter Day Saints.
PROCLAMATIONS: June 14
through July 4, 1982 as "Period to
Honor America"; September 7, 1982
as "Peace Day"; Week of June 13th as
"Boat Safety Week" received by Dick
Sullivan.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to consider amending Zoning
Ordinance to establish zoning districts
for the territory known as the "North
Sector" involuntarily annexed,
presented and read.
There were no written objections
received.
Council Member Deich moved that
the proof of publication be received
and filed. Seconded by Council
Member Klouer. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammei, Klauer,
Kluesner, Kronfeldt. Nays--None.
Absent--Council Member Beur-
skens.
An Ordinance Amending Zoning Or-
dinance to amend the Zoning Map
with regard to properties in the North
Sector of the territory involuntarily
annexed to the City of Dubuque, said
Ordinance having been presented and
read at the Council Meeting of May 3,
1982, presented for final adoption.
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member
Kluesner. Vote on the motion was as
follows:
Yeas--Council Members Klauer and
Kluesner.
Nays--Mayor Brady, Council Mem-
bers Deich, Hammel, Kronfeldt.
Absent--Council Member BOUr-
MOTION FAILED TO PASS.
Proof of publication, certified to by
the PubUsher, of Notice of PubUc
Hearing to consider amending Zoning
Ordinance for properties adjacent to
the North Sector, presented and read.
There were no written objections
received.
Council Member Deich moved that
the proof of publication be received
and filed. Seconded by Council
Member Klauer. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klauer,
Kluesner, Kroufeidt. Nays--None.
Absent--Council Member Beur-
skens.
An Ordinance Amending the Zoning
Map with regard to properties adja-
cent to the North Sector in the City of
Dubuque, said Ordinance having been
presented and read at the Council
Meeting of May 3, 1982, presented for
final adoption.
Council Member Hammei moved
final adoption of the Ordinance.
Seconded by Council Member
Kronfeidt. Vote on the motion was as
follows:
Yeas--Courted Members Klauer and
Kluesner.
Nays--Mayor Brady, Council Mem-
bers Deieh, Hammel, Kronfeidt.
Absent--Council Member Beur-
skens.
MOTION FAILED TO PASS,
Proof of publication, certified to by
the Publisher of Notice of Public Hear-
ing to consider amending Zoning Or-
dinance providing for service vehicle
parking as an accessory use and
regulating the number and weight of
the vehicles in a C-2 Local Service
Commercial District (3033 Asbury,
Group W), 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 Kronfeld~. Carried by the
renewing vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Klauer,