1987 March Council Proceedings126
Special Session, February 23, 1987
Council Members
ATTEST:
City Clerk
Regular Session March 16, _1987 127
CITY COUNCIL
OFFICIAL
Regular Session, March 16, 1987
Council Met at 7:30 p.m., at t~ae Public
Library Auditorium.
Present--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon, City
Manager W. Kenneth Gearhart, City
Solicitor William Blum. ~
Absent--Corporation Counsel Barry
A. Lindahl.
Mayor Brady read the call and stated
this is the REGULAR MONTHLY
MEETING of the City Council called for
the purpose to act upon such business
which may properly come before the
Council.
PROCLAMATIONIS}: Month of
March as "Mental Retardation Month"
received by Roy Schmeicheh
Month of March as "Women's History
Month" received by Louise Ottavi;
March 22 thru 28 as "Cooperative
Education Week" received by Louise
Ottavi.
Coundl Member Deich moved to sus-
pend the rules to let anyone present ad-
&ess the Council if they so desire.
Seconded by Council Member Manning.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner. Krieg, Kranfeldt Manning,
Simon. Nays--None.
Proof of publication, certified to by the
Publisher. on Notice of Public Hearing
to consider the FY 88 Consolidated STA
Application and the Section 9 Program
of Projects of the FY '88 Operating
Assistance Application and a Capital
Assistance Application to aid in the cost
of various items for the Transit System,
presented and read. There were no writ-
ten objections received.
Council Member Kluesner moved that
the proof oI publication be received and
filed. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Manning, Simon.
Nays--Council Member Kronfeldt.
Conununication of City Manager re-
questing approval of two KeyLine ap-
plications, presented and read.
Council Member Kluesner moved that
the communication be received and filed
and approved applications. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Manning, Simpn. Nays--Council Mem-
ber Kronfeldt.
Proof of publication, certified to by the
publisher, on Notice of Public Hearing on
plans and specifications for the construe
tion of the S~hmitt Island Rcetroom
Facility, presented and reed. There were
no written obj~tions received and no oral
objectors present at the time of the
Hearing.
Council Member Kluesner moved that
the proof of publication bo received and
filed. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Kronfeldt, Man-
ning, Simon. Nays--None.
RESOLUTION NO. 60-87
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the llth day of
February, 1987, plans; specifications,
form of contract and estimated cost were
filed with the City Clerk of Dubuque,
Iowa, for the Schmitt Island Rcetceom
Facility; and
WHEREAS, notice of hearing on
plans, specifications, form of contract,
and estimated cost was published as re-
quired by law.
NOW, THEREFORE, BE IT ~E-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans, specifica-
tions, form of contract and estimated
cost for said improvements for said
project.
128 Regular Sessior March 16, 1987
Passed, adopted and approved this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved edop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deicb, Kluesnsr, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
Proof of publication, certified to by the
publisher, on Notice to Bidders of the
Receipt of Bids for the constmctlun of
Schmitt Island Restroom Facility; Com-
munication of City Manager recommend-
lng to award contract for the above pro-
ject to M.P. Kluck & Sons, Inc., pre-
sented and read.
Council Member Kluesner moved that
the proof and communication be receiv-
ed and filed. Seconded by Council
Member Simon. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon. Nays--
None.
RESOLUTION NO. 61-87
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
Construction of Sohraitt Island Restroom
Facility pursuant to Resolution No. 46-87
and notice to bidders published in a
newspaper published in the City of Dubu-
que, Iowa on the 19th day of February,
1987.
WHEREAS. said sealed proposals
were opened and read on the 3rd day of
March. 1987. and it has been determin-
ed that the bid of M.P. Kluck & Son. Inc..
of Dubuque in the amount of $44.300.00
was the lowest bid for the furnishing of
ali labor and materials and performing
the work as provided for in the plans and
specifications.
NOW. THEREFORE. BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE.' IOWA:
That the contract for the above im-
provement be awarded to M.P. Kluck &
Son, Inc., and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
Passed, approved and adopted this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member KInssnsr moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
Communication of Planning and Zon-
ing Commission approving rezoning re-
quest of Philip and Martha Powers to
reclassify property located East of J.F.
Kennedy Road and south of the Fire Sta-
tion from R-3 to C-2 District, presented
and read.
CouncilMember Simon moved that the ·
communication be received and filed.
Seconded by Council Member Krunfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Daich,
Kinesner. Kriag, Kronfeldt. Manning,
Simon. Nays--None.
AN ORDINANCE Providing that the
Code of Ordinances be amended by
reclassifyipg property East of J.F. Ken-
nedy Road and south of the Fire Station
from R-3 Multi-Family Residential
District to C-2 Neighborhood Shopping
Center District, presented and read.
Council Member Simon moved that
this be considered the first reading of the
Ordinance. and that the requirement that
a proposed Ordinance be considered and
.Regular Session
voted on for passage at two council
meetings prior to the meeting at which
it is to he finally adopted be suspended
and further moved that a Public Hear-
lng he held on the proposed Ordinance on
the 6th day of April, 1987, at 7:30 p.m.
in the Public Library Auditorium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, I~uesnsr, Krleg,
Kronfeldt, Mmming, Simon. Nays--
None.
Communication of City Manager sub-
mitring decunmnts providing for the con.
struction of a new Heating, Ventilating,
Air Conditioning System for second floor
of City Hall, presented and read.
Council Member Kluesner moved that
the communication he received and filed.
Seconded by Council Member Simon
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich
Kluesner, Ktieg, Kronfaide, Manning,
Simon. Nays--None.
RESOLUTION NO. 62-87
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE~CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for
the new HVAC System, second floor,
City Hail, in the estimated amount of
$35,000.00, are hereby approved and
ordered filed in the office of the City Clerk
for public inspection.
Passed, adopted and approved this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved edop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Coundl Members Dcich, Kluesner, Ktieg,
March 16, 1987 129
Kronfeldt, Manning, Simon. Nays--
None.
RESOLUTION NO. 63.87
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of contract
and placed same on file in the office of
the City Clerk for public inspection of the
new HVAC System, second floor, City
Hall.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 20th day of April,
1987, a public hearing will he held at 7:30
~.m. in the Library Auditorium at which
time interested persons may appear and
be heard for or against the proposed
plans and specifications, form of contract
and cost of sa~d improvement, and the
City Clerk be and is hereby directed to
cause a notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall not he
less than four days nor more than twen-
ty days prior to the day fixed for its con-
sideration. At the hea~ng, any interested
person may appear and file objections to
the proposed plans, specifications, con-
tract, or estimated cost of the
unprovement.
Passed, adopted and approved this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member KIuesner moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Ktieg,
Kronfeldt, Manning, Simon. Nays--
None.
RESOLUTION NO. 6&87
ORDERING BIDS
130 Regular Session,
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the new HVAC System, second
floor, City Hall is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accompany
each bid shall be in an amount which
shall conform to the provisions of the
notice to bidders hereby approved as a
part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Du-
buque, Iowa, which notice shall not be
less than four days nor more than twen-
ty days prior to the receipt of said bids
at 2:00 p.m. on the 9th day of April, 1987.
Bids shall be opened and reed by the City
Clerk at said time and will be submitted
to the Council for final action at 7:30 p.m.
on the 20th day of April, 1987.
Passed, adopted and approved this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved edop.
tion of the Resointian. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members DeJch. Kluesner, Krieg,
Kronfaldt. Manning, Simon. Nays--
None.
Communication of Attorney Russal
Neuwoehner. on behalf of Biechler Elec-
tric, Inc., requesting to eddress the Court~
cil to present a request for the purchase
tcither outright or by way of easementi
or lease of a portion of the City right-of-
way adjacent to the former Rowiey In-
terstate Building located at 2010 Kerper
Blvd.. presented and read.
Council Member Simon moved that the
communication be received and filed and
referred ~o the Staff for recommenda-
March 16, 1987
tlons, with intent to arrange to sell or
dispose of property to protect our con-
:ems. Seconded by Council Member
Kluesner. Carcied by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kinesner, Krieg, Kronfeldt, Man-
ning, Simon. Nays--None.
Communication of City Manoger re-
commending not to install the requested
Sewer Extension on Roosevelt Road
(deferred from meeting of 2-16-87),
presented and road.
Council Member Kluesner moved that
the communication be received and filed
and authorized staff to continue the
study. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Kluesner, Krleg, Kronfaldt, Man-
ning, Simon. Nays--None.
Communication of John and Jackie
Nelson responding to City Manager's
recommendation not to instal[ the sewer
,xtension for Roosevelt Road; Petition of
John Nelson et al (9 signers) requesting
installation of Sanitm7 Sewer Extension
on Roosevelt Road if it were equitably
assessed, presented and read.
Council Member Kluesner moved that
the communication and petition be
received and filed. Seconded by Council
Member Kronfeldt. Carried by the follow-
lng vote: Yeas--Mayor Brady, Council
Members Diech, Kluasner, Krieg, Krun-
feldt, Manning, Simon. Nays--None.
Communication of Rita and Bob
Kueter, 2299 Gordon Drive, requesting
the replacement of Guard Rail that was
removed during paving of Kennedy Road
from Asbury ~o Spring Valley Road:
Communication of City Manager recom-
mending partial replacement of Guard
Rail on J.F. Kennedy Road, presented
and read.
Council Member Kr~nfeldt moved that
the communications be received and fil-
ed and approve the recommendation of
the City Manager. Seconded by Council
Member Krieg. Carried by the following
vo~e: yeas--Mayor Bredy, Council Mem-
bers Daich. Kluesner. Kronfeldt. Man-
ning. Nays--Coundil Members Krieg,
Simon.
Regular Sessior
Communication of City Manager re-
commending approval to authorize a loan
of $16,000 to the Dubuque Trolley, Inc.,
from local Community Development
Block Grant Funds, presented and read.
CounclI Member Simon moved that the
communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None. '
RESOLUTION NO. 65-87
A RESOLUTION AUTHORIZING
THE EXECUTION OF A COM-
MUNITY DEVELOPMENT BLOCK
GRANT LOAN AGREEMENT WITH
DUBUQUE TROLLEY, INC., FOR
THE AMOUNT OF $16,000
WHEREAS, under the provisions of
Title I of the Housing and Community
Development Act of 1974, as amended,
the City of Dubuque has received Com-
munity Development Block Grant Funds
for the purpose of stimulating economic
development activities within the com-
munity; and
WHEREAS, the City of Dubuque,
Iowa, desires to assist Dubuque Trolley,
Inc., in its efforts to retain its existing
operations; and
WHEREAS, the City of Dubuque,
Iowa, desires to create permanent
employment opportunities for its citizens;
and to encourage the diversification of
the local economy; and
WHEREAS. a Loan Agreement is to
be executed by Dubuque Trolley, Inc.,
· and the same hereto attached and by this
reference made a part hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor and City
Clerk be and they ave hereby authorized
and directed to endorse the acceptance
of the City of Dubuque, Iowa, upon the
Loan Agreement hereto attached, award-
lng a sixteen thousand dollar 1516,000)
loan to Dubuque Trolley, Inc., according
to the terms specified therein.
March 16, 1987 131
Section 2. That the City Manager be
and he is hereby authorized to disburse
loan funds from the Community Develop-
ment Block Grant entitlement fund, in
accordance with the terms and conditions
of the Loan Agreement hereto attached.
Passed, approved and adopted this
16th day of March, 1987.
James E, Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Kronfaldt. Carried by
the following vote: Yans--Mayor Brady,
Council Members Deich, Kluesuer. Krieg,
Kronfeldt, Simon~ Nays--None. Abstain
--Council Member Manning.
Communication of City Manager sub-
mitting Resolution and disposition
documents for the former Burlington
Northern Depot Lease offering and
des'~gnating who will serve on the Review
Committee, presented and read. Jerry
Enaler of the Dubuque Historical Seel-
ety questioned the length of the lease for
this property.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Ktieg. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Daich, Klues-
neri Krieg, Kronfeldt, Simon. Nays--
Council Member Manning.
RESOLUTION NO. 66-87
A RESOLUTION OFFERING DOCU-
MENTS AND PROCEDURES FOR
THE DISPOSITION OF THE
FORMER BN DEPOT PROPERTY,
APPROVING THE MINIMUM
PROPOSAL REQUIREMENTS AND
COMPETITIVE REVIEW CRITERIA
AND SETTING A SCHEDULE FOR
THE NOTICE, SUBMISSION,
REVIEW AND SELECTION OF
DEVELOPMENT PROPOSALS.
WHEREAS, the City of Dubuque,
Iowa, is seeking the development of the
former BN Depot property located at the
base of 2nd Street in the Ice Harbor area
132 Regular Session March 16, 1987
so as to create job opportudities~ increase
the tax base, provide orderly redevelop-
ment and appropriate reuse to comple-
ment and expand tourist and waterfront-
related activities in the Ice Harbor area
and
WHEREAS, the City Council believes
that the best approach to this matter i~
to invite proposals from potential
developers to enter into an agreement
that would lead to the leasing and
development of the property; and
WHEREAS, in order to establish a
reasonably competitive disposition of the
property and to assure that the City ex-
tends a full and fair opportunity to ail
developers interested in submitting a pfc-
posai, a document entitled "Offering
Statement and Developer Packet" has
been prepared and is attached hereto as
Exhibit "A" and by this reference is
mode a part hereof, which sets out the
minimum Proposai Requirements each
proposai must satisfy in order to qualify
for consideration, the information and
documents winch must be submitted, the
schedule for submission, review and
selection and the Review Criteria to be
used in evaiuating proposals; and
WHEREAS, in order to evaiuate the
usuai terms and conditions associated
with a property lease with the City, a pro-
posed "Lease Agreement" has been
prepared and is attached hereto as Ex-
inint "B" and by t~is reference is made
a part hereof; and
WHEREAS, tins Council believes it is
in the best interests of the City to act as
expeditiously as possible to offer tins
perry for lease and development as set
forth herein.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sec~lan 1. That the property as
represented in Exinint "C' attached
hereto and containing approximately .5
acre of land shall be offered for lease and
development in accordance with the
terms and conditions contained in this
Resolution.
Section 2. That it is hereby determin-
ed that in order to qualify for considera-
tion for selection, each developer shall
submit a proposal which meets the
following minimum requirements and
shall include:
(1) A narrative description of propos-
ed primary and acceessory uses of the
property, including hours of operation
and whether the use(s) will be open year-
round.
(2) A strategy and time line to establish
rezoning of the property to allow said
use(s), if necessary.
(3) A proposed interior layout for the
building and estimated costs for re-
modeling.
(4) A site plan for the property to in-
clude proposed exterior building modi-
fications and estimated costs, elevations,
signage, landscaping, parking and traf-
fic flow considerations including service
delivery and planned screening for out-
door storage and trash areas.
(5) A resume of prior project devalop-
ment/management activities evidencing
the ability of the developers to carry out
projects of similar scale and character.
(6) Names of principals with at least
I0% interest in the proposed venture,
projected operating costs and profit/loss
statements for term of lease, Letters of
Commitment from lending institutions
and any other evidence deemed necessary
to evaiuate the financial capacity to
develop and sustain the project.
(7) A proposed development time line
to include planning, financing, start of
construction, marketing, promotion and
opening phases.
(8) Pral]minary estimates of the
number of jobs to be created, job titles
of employees and expected rates of pay.
(9) Preliinianry estimates of the locai
property taxes which would be gen-
erated.
(10) Proposed rental rate.
Section 3. That it is hereby determin-
ed that each proposai submitted that
satisfies the minimum requirements, as
determined by the City Council, shall be
Regular Sessior, March 16, 1987
133
reviewed on the basis of the strength of
such proposal as judged by the following
competitive criteria:
(1) Demonstrated developer and/or en-
trepreneuriai experience in successful pro-
jects of similar scale and ~haracter.
(2) Compatibility of the proposed pro-
ject with other commercid/recreatian/
water~ont/museum uses in a redeveloped
Ice Harbor area.
(3) Extent of leasehold improvements
planned for the property that will im-
prove the building's physical condition,
rehainlltate the building following ap-
proved preservation guidelines and]or
restore the building to its originai detail
and character.
(4) Uniqueness of the proposai in that
it provides new experiences or new vari-
ety for the customer/tourist to comple-
ment existing or planned activities in the
Ice Harbor area.
(5) Demonstrated developer ability to
finance and complete the project as pro-
posed in a timely manner with renovation
and reuse of the property commenced
within a reasonable time period.
(6) Direct impact, to the local economy
as measured by investment in the
physical rehabilitation of the building,
number of jobs created/retainod, an-
ticipated payroll, anticipated property
taxes, rentai income generated for City
and any other economic spin-offs ex-
pected.
(7) Lease of the property to be for muse,
not speculation.
Section 4. That the officlai notice of
this offering shail be a true copy of this
Resolution, but without the attachments
referred to herein.
Section 5. That the City Clerk be and
is hereby authorized and directed to
secure immediate publication of said of-
ficlai notice in the Telegraph Herald. a
newspap~ having a generai circulation
in the conununity, by publication of the
text of tins Resolution on or before the
20th day of March, 1987.
Section 6. That the required docxaments
for the submission of a proposal shall be
in substantiai conformity with the pro-
visions of this Resolution.
Section 7. That written proposals will
be received at the office of the City Clerk,
City Hall, Dubuque, Iowa 52001 at or
before 10:00 am., April 27, 1987 ~md will
be opened and publicly read aloud by the
City Clerk at 10:15 a.m., April 27, 1987.
Section 8. That a committee of thee City
Council shall make preliminary analysis
of each proposal for compliance with the
minimum ~quirements established here-
in above during the week of April 27
through May 1, 1987, and that for each
proposal that satisfies these require-
ments, the committee shall judge the
strength of the proposal by the Review
Criteria established herein above. The
committee shall, upon making pre-
liminary evaluation, submit a report and
recommendation along with the open prc~
posals for full Council consideration.
Section 9. That the proposols and
report of the committee will be presented
to the City Council at 7:30 p.m., May 4,
1987, at a public meeting to be held in
the Carnegie-Stout Public Library Audi-
torium, Dubuque, Iowa, at which time
Council shall make the finai evaiuation
and selection of the proposals. Council
reserves the right to reject any and all
proposais or to waive any tceimicai ties
and irregularities.
Passed, approved and adopted this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Coundl Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Klueaner, Krieg,
Kronfeldt, Simon. Nays--Council Mem-
ber Manning.
Communication of City Manager
questing consideration to consent to a
variance from the pricing structure of
disposition sites in the Dubuque Indus-
triai Center, presented and read.
134 Regular Session
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Kluesner, Krieg, Krunfeldt, Manning.
Simon. Nays--None.
RESOLUTION NO. 67-87
A RESOLUTION CONSENTING TO
A VARIANCE FROM THE PRICING
STRUCTURE OF DISPOSITION
SITES IN THE DUBUQUE
INDUSTRIAL CENTER
WHEREAS, the City Council and the
City of Dubuque, Iowa, and Dubuque In-
Future, Inc., have entered into a Memo-
randum of Agreement, date August 17,
1981; and
WHEREAS. Section 6 of the afore-
mentioned Memorandum of Agreement
provides the following:
"6...The CORPORATION shall not
enter into contracts or agreements for the
disposition of industrial sites in the pro-
ject at less than fair market value thereof
without the written consent of the CITY
in each case."; and
WHEREAS, the City Council adopted
Resolution No. 223-83 dated September
6, 1983, establishing the pricing structure
of disposition sites in the Dubuque In-
dnstrial Center; and
WHEREAS, the Board of Directors of
Dubuque In-Future, Inc., has requested
City Council consent to dispose of a site
in Dubuque Industrial Center at less
than fair market value as set forth in
Resolution No. 223-83.
NOW. THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of the
City of Dubuque, Iowo~ hereby finds and
determines that a public purpose is to be
served by the sale of a certain site in the
Dubuque Industrial Center at less than
fair market value, as es~ablisbed in
Resolution No. 223-83.
Section 2. That the Board of Directors
of Dubuque In-Future. Inc..ds hereby
March 16, 1987
authorized to sell approximately 5.55
acres at $.37 per square foot in lieu of
$.64 per square foot base price establish-
ed by Resolution No. 223-83.
Section 3. That this Resalutinn shall
constitute the written consent of the City
of Dubuque to the disposition of an in-
dustrial site in the Dubuque Industrial
Center at less than fair market value as
required by Section 6 of the Memoran-
dum of Agreement between the City of
Dubuque and Dubuque In-Future, Inc.
Passed, approved and adopted this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Coun(fl Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Krunfeldt, Manning, Simon. Nays--
None.
Communication of City Manager sub-
mitting Resolution authorizing the revi-
sion of Section 4.1 of the Dubuque Data
Services Company's February 16, 1987,
CDBG Loan Agreement, presented and
read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krleg, Kronfaldt, Manning,
Simon. Nays--None.
RESOLUTION NO. 68-87
A RESOLUTION AUTHORIZING
THE REVISION OF DUBUQUE
DATA SERVICES' COMMUNITY
DEVELOPMENT BLOCK GRANT
LOAN AGREEMENT
WHEREAS. under provisions of Title
I of the Housing and Community
Development Act of 1974. as amended~
the City of Dubuque has received Com-
munity Development Block Grant Funds
for the purpose of sthunlating economic
Regular Session
development activities within the com-
munity; and
WHEREAS, the City of Dubuque,
Iowa, previously expressed a desire to
assist Dubuque Data Services in its ef-
forts to enhance and expand its existing
operations; and
WHEREAS, the City of Dubuque,
Iowa, desires to create permanent
employment opportunities for its eltizens;
and to encourage the diversification of
the local economy; and
WHEREAS, a revised Loan Agree-
ment, revoking and replacing the original
Loan Agreement adopted by the City
Council on the 16th day of February,
1987, is to be executed by Dubuque Data
Services and the same hereto attached
and by this reference made a part hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor and City
Clerk be and they are hereby authorized
and directed to endorse the acceptance
of the City of Dubuque, Iowa upon the
revised Loan Agreement hereto attach-
ed, awarding an eighty thousand dollar
($80,000) loan to Dubuque Data Services,
according to the terms specified therein.
Section 2. That the City Manager be
and he is hereby authorized to disburse
loan funds fi.om the Community Develop-
ment Block Grant entitlement fund, in
accordance with the terms and conditions
of the revised Loan Agreement hereto
attached.
Passed, approved and adopted this
16th day of March. 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Kronfaldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Delch, Kluesnsr, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
March 16, 1987 135
Communication of City Manager re-
questing authorization to submit joint-
ly with the ECIA Planning Assistance
Application to UMTA, presented and
read.
Council Member Shnon moved that the
communication be received and filed.
Seconded by Council Member Krunfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
RESOLUTION NO. 69-87
AUTHORIZING THE FILING OF
AN APPLICATION WITH THE
U.S. DEPARTMENT OF
TRANSPORTATION
WHEREAs, the Secretary of Trans-
portation is authorized to make grants
for mass transporatinn projects; and
WHEREAS, the contract for financial
asaistance will impose certain obligations
upon the applicant, including the provi-
sions by it of the local share of project
costs; and
WHEREAS, it is required by the U.S.
Department of Transportation in accord
with the provisions of Title IV of the Civil
Rights Act of 1964, that in connection
with the filing of an application for
assistance under the Urban Mass Trans-
portation Act of 1964, amended, the ap-
plicant give an assurance that it will com-
ply with Title IV of the Civil Rights Act
and the U.S. Department of Transporta-
tion requirements thereunder; and
WHEREAS, it is the goal ni the Ap-
plicant that minority business enterprise
be utilized to the fullest extent possible
in connection with this project, and that
definite procedures shall be established
and administered to ensure that minor-
ity businesses shall have the maximum
feasible opportunity to compete for ~on-
tracts when procuring construction con-
tracts, supplies, equipment contracts, or
consultant and other services.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the East Central In-
136 Regular Session. March 16, 1987
tergevernmental Association is authorlz-
ed and directed to execute application on
behalf of the City of Dubuque with the
U.S. Department of Transportation, to
aid in the financing of planning assis-
tance projects pursuant to Section 9 of
the Surface Transportation Assistance
Act of 1982.
Section 2. That the Mayor is authoriz-
ed and directed to execute with such
plicatinn in assurance, supplemental
ag~ement, or any other document re-
quired by the U.S. Department of Trans.
portatinn effectuating the purposes of
Title IV of the Civil Rights Act of 1964.
Section 3. That the East Central In-
tergovernmental Association is authorlz-
ed to furnish such additional information
as the U.S. Department of Transports-
tion may require in connection with the
application for the project.
Section 4. That the Mayor is authoriz-
ed and directed to set forth and execute
affirmative minority business policies in
connection with the project's procure-
ment needs.
Section 5. That the Mayor is authoriz-
ed and directed to execute grant agree~
ments on behaff of the City of Dubuque
with the U.S. Department of Transporta-
tion for aid in the financing of the plan-
ning assistance projects.
Section 6. That the East Central In-
terguvernmental Association is authoriz-
ed and directed to publish a notice of op~
portunity for public hearing, to be held
on the application at least 15 days after
publication.
Passed, approved and adopted this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon ~noved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Delch, Kluesne~, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
Canm~unication of City Manager repo~
ting on the status of several requests
made by Group W Cable, Inc., (now
known as ARP Cable, Inc.) and re-
questing City Manager to be authorized
to appoint a five person evaluation team
to prepare recommendations on the cable
company requests and requiring cable
company representatives to direct all in-
quirles and communications to the City
Manager during the evaluation period,
presented and read.
Terry Davis of Denver, CO. stressed
urgency to take further action, transfer
of franchise needed.
Council Member Krieg moved that the
communicatinn be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Ktieg, Kronfeldt, Manning,
Simon. Nays--None.
RESOLUTION NO. ~7
RESOLUTION AUTHORIZING
THE CITY MANAGER TO FORM
AN EVALUATION TEAM TO
EVALUATE PROPOSALS FROM
THE CABLE COMPANY RELATING
TO THE CABLE SERVICES
DELIVERY FRANCHISE
WHEREAS, the City Council has
referred to the City Manager for evalua-
tion and recommendation several pro-
posals from ARP Cable, Inc., formerly
known as Group W Cable, Inc., relating
th the cable services delivery franchise for
the City of Dubuque; and
WHEREAS, to enable such evaluation
to proceed in an efficient and timely man-
ner, it is deemed to be in the best interest
of the City to authorize the City Manager
to form an evaluation team and to con-
sider proposals relating to be cable ser-
vices delivery franchise.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the City Manager is
hereby authorized and directed to ap-
point an evaluation team comprised of
the City Manager, Cable Franchise Ad-
ministrator, the Corporation Counsel or
~ Regular Session
his designee and two membere of the
Cable Regulatory Commission to eval-
uate proposals received from ARP Cabl(
Inc., and to make recommendatinn~
regarding such proposals to the Cable
Regulatory Commission and the Du-
buque City Council for their considera-
tion and action,
Section 2. That the employees, officers
agents and representatives of ARP
Cable, Inc., or Tele-Communicatinns,
Inc., or any of their subsidiaries, shall
direct all inquiries and communications
to the above evaluation team through the
City Manager in reference to any pro-
posal from the cable company relating to
the cable services delivery franchise for
the City of Dubuque.
Passed, approved and adopted this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Ktieg moved adoption
of the Resolution. Seconded by Council
Member Ktuesner. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kring,
Kranfeldt, Mann!ng, Simon. Nays--
None.
Communication of City Manager sub-
mitting Resolution directing Clerk to
advertise for a Design Public Hearing on
the Northwest Arterial from Asbury
Road to J.F. Kennedy Road if requested,
presented and read.
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Krieg. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Kines-
ncr, Krieg, Kronfeldt, Manning, Simon,
Nays--None.
RESOLUTION NO. 71~7
A RESOLUTION PROVIDING FOR
AN OPPORTUNITY FOR A DESIGN
PUBLIC HEARING ON THE
NORTHWEST ARTERIAL FROM
ASBURY ROAD TO JOHN F.
KENNEDY ROAD
March 16, 1987 13_...~._,~7
WHEREAS, a Corridor Location
Public Hearing'was held on the North,
west Arterial on June 14, 1978, and
WHEREAS, a final Corridor Location
was granted by the Iowa Department of
Transportation on December 4, 1979, and
WHEREAS, the construction of the
Northwest Arterial from Asbury Read to
John F. Kennedy Road is scheduled for
grading in 1987. and for paving in 1988,
and
WHEREAS, Federal Highway Ad-
ministration regulations require that the
public be afforded an opportunity for a
design public hearing on the facility.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the City Clerk be in-
structed to publish an opportunity for a
design public hearing on the Northwest
Arterial from Asbury Road to John F.
Kennedy Road, which notice shall be
)ublished on March 20 and March 27,
1987, hi a mmmer as required by law. The
deadline for submission requests for a
design public hearing shall be April 10,
1987.
Passed, adopted and approved this
16th day of March, 1987.
James E. Brady
Mayor
Aq?TEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Kluesner, Krieg,
Krenfaldt, Manning, Simon. Nays--
None.
Petition of Walter Pregler, Chairperson
of Transit Trustee Board, requesting to
address the Council regarding the ques-
tion of a Wheel Tax for the City,
)resented and read. Mr. Pregler re-
quested some of the proposed Local Vehi-
cle tax money to go for Public Transit,
if that tax is authotized.
138 Regular Session
Council Member Kranfeldt moved that
the petition be received and filed, Second-
ed by Council Member Simon. Carr~d by
the following vote: Yeas--Mayar Brady,
Council Members Delch, Klueener, Krieg,
Krenfeldt, Manning, Simon. Nays--
None.
RESOLUTION NO. 7~
A RESOLUTION APPROVING THE
IMPOSITION OF A LOCAL
VEHICLE TAX IN THE AMOUNT
OF TWENTY DOLLARS PER
VEHICLE
WHEREAS, Chapter 422B of the
1985 Iowa Cede Supplement authorizes
the imposition of certain local option
taxes after an election in winch the ma-
jority of the electors vote in the affir-
mative; and
WHEREAS, the imposition of a local
veincle tax to provide funds relating to
the construction, maintenance, and
supervision of the public streets would
be in the best interest of the City of
Dubuque to provide long-term financial
stability in the annual street rehabilita-
tlen and/or reconstruction progeam of the
City.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Dubuque City
Council urges the fding of a petition(s) re-
questing imposition of a local vehicle tax
in the amount of twenty dollars ($20.00)
per veincle with the Dubuque County
Board of Supervisors authorizing said
Board to direct the Dubuque County
Commissioner of Elections to submit the
questlon of the imposition of a local
incle tax to the qualified electors of
Dubuque County.
Section 2. That the City Counc'd of the
City of Dubuque hereby declares its in-
tent to specifically apply the proceeds of
a local veincle tex ff such tax is approv-
ed by the electors to the elimination of
the asseselble portion to the property
owners of the cost of the rehabilitation
and/or reconstruction of streets in the
nual street program of the City.
Passed. approved and adopted tins
March 16, 1987
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by the
following vote: Yeas--Counell Members
Daich, Krieg, Kronfeldt, Manning,
Simon. Nays--Mayor Brady, Council
Member Kluesner.
An ORDINANCE Amending the Code
of Ordinances of the City of Dubuque,
Iowa, by enacting a new Section 33-120
thereto providing for the use of a Local
Veincle Tax, presented and read.
Council Member Kronfeldt moved that
tins be considered the first reading of the
Ordinanco, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance on
the 6th day of April, 1987, at 7:30 p.m.
in the Public Library Auditorium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Manning. Vote on the
motion was as follows: Yeas--Council
Members Deleh, Krieg, Kronfaldt, Man-
ning, Simon. Nays--Mayec Brady, Coun-
cil Member Kluesner. MOTION FAIL-
ED DUE TO LACK OF A % VOTE.
Council Member Kronfeldt moved that
this reading be considered the first
reading of the Ordinance. Seconded by
Council Member Man~ng. Carried by the
following vote: Yeas--Canncil Members
] Deich, Krieg, Kronfeldt, Manning,
Simon. Nays--Mayor Brady, Council
Member Kluesner.
Communication af City Manager ad-
vising we are ready to proceed with the
refunding of a portion of the G.O. Bonds
sold for the construction of the Dog
Track and asking Council concurrence in
prcceeding with the sale of $5,500,000 in
O.O. Bonds for that purpose, presented
and read.
Regular Session March 16, 1987 139
Council Member Kluesner moved that
the communication be received and filed
and concurred with proceeding. Second-
ed by Council Member Kronfeldt. Carri~
by the following vote: Yeas--Mayor
Brady, Council Members Deich
Kluesner, Krieg, Kranfeldt, Manning,
Simon. Nays--None.
ORDINANCE NO. 19-87
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE~ IOWA, BY
ENACTING A NEW SECTION 25-100
THERETO PROVIDING FOR THE
USE OF SAFETY BELTS AND SAFE-
TY HARNESSES IN MOTOR VE-
HICLES. Said Ordinance having been
presented at the Council Meetings of
February 2, 1987, and February 16, 1987,
presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 19~7
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SECTION 25-100
THERETO PROVIDING FOR THE
USE OF SAFETY BELTS AND SAFE-
TY HARNESSES IN MOTOR VE-
HICLES.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by enacting a new Section 25-100
thereto as follows:
SEC. 2~100. SAFETY BELTS AND
SAFETY HARNESSES.
It shall be unlawful for any driver or
front seat occupant of a 1966 model year
or newer model motor vehicle which is
subject to registration in Iowa, except a
motorcycle or a motorized bicycle, not to
wear a properly adjusted and fastened
safety belt or safety harness anytime the
vehicle is in forward motion on a street
in this City, except that a child under six
years of age shall be secured as required
under Section 25-101 of the Code of
Ordinances.
This section shall not apply to:
(a) The driver or front seat cccupant of
a motor vehicle which is not required to
be equipped for safety belts or safety
harnesses under rules adopted by the
Iowa Department of Transportation.
(b) The driver and front seat occupants
of a motor vehicle who are actively
engaged in work winch requires them to
alight from and re-enter the veincle at Ire-
quent intervels, provided the veincle does
not exceed 25 miles per hour between
stops.
(c) The driver of a motor veincle winle
performing duties as a ruralIetter carrier
for the U.S. Postal Service. This exemp-
tlon applies between the ~irst delivery
point after leaving the post office and the
last delivery point before returning to the
post office.
(d) Passengers of a bus.
(e) A person possessing a written cer~
tificution from a physician on a form pro-
vided by the Iowa Department of Trans-
portation that the person is unable to
wear a safety belt or safety harness due
to physical or medical reasons. The cer-
tificatlon shall specify the time period for
winch the exemption applies. The time
period shall not exceed twelve months,
at winch time a new certification may be
issued.
(9 Front seat occupants of an authoriz-
ed emergency vehicle while they are be-
ing transported in an emergency. How-
ever, this exemption does not apply to
the driver of the authorized emergency
vehiCle.
Passed, approved and adopted this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
March, 1987.
Mary A. Davis
City Clerk
Council Member Kineaner moved final
140 Regular Sessior, March 16, 1987
adoption of the Ordinance. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Council
Members Kluesner, Krieg, Kronfeldt,
Manning, filmom Nays--Mayor Brady,
Council Member Deich.
Communication of City Manager sub-
mitting Ordinance to establish naming
road east of Rockdale Road as Twin
Valley Drive, presented and read.
Council Member Klueaner moved that
the communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kinesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
ORDINANCE NO. 20-87
AN ORDINANCE ESTABLISHING
TWIN VALLEY DRIVE AS THE
NAME FOR THE FORMER U.S.
HIGHWAYS 62 AND 67 EAST OF
ROCKDALE ROAD TO THE CITY
LIMITS, IN THE CITY OF DU-
BUQUE, IOWA, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 20-87
AN ORDINANCE ESTABLISHING
TWIN VALLEY DRIVE AS THE
NAME FOR THE FORMER U.S.
HIGHWAYS 52 AND 67 EAST OF
ROCKDALE ROAD TO THE CITY
LIMITS, IN THE CITY OF DU-
BUQUE, IOWA.
WHEREAS, the former U.S. High-
ways 52 and 67 from Rockdale Road east
to Highway 61/151 has been platted,
named and dedicated to the public; and
WHEREAS, said primary designation
of U.S. Highways 52 and 67 from
Rockdale Road east to Highway 611151
no longer exists; and
WHEREAS, Section 409.17 of the
Code of Iowa, 1985, provides that the
City Council may, by ordinance, cause a
name of a platted street to be char4;ed.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL,
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the platted street
previously known as U.S. Highways 52
and 67, in the City of Dubuque, Iowa,
shall hereinafter be named and known as
Twin Valley Drive.
Section 2. That the Mayor and City
Clerk of the City of Dubuque, Iowa, shall
certify and file this ordinance, after its
passage, with the County Recorder, City
and County Assessor and County
Auditor of Dubuque County, Iowa, and
the Auditor shall make the proper
changes on the plats found in the Office
of the Auditor and the Recorder shall
enter the instrument of record.
Passed, approved wad adopted this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 24th day of
March, 1987.
Mary A. Davis
City Clerk
Council Member Kluesner moved that
this be considered the first reading of the
Ordinance, mad that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetinge prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council Member
Kronfeldt. Carried by the foliowlng vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Kranfeldt, Man-
ning, Simon. Nays--None.
Communication of City Manager sub-
mRting Ordinance to establish the hours
which Riverview Park is open for public
use. presented and read.
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Simon.
Carried by tbe following vote: Yeas--
Mayor Brady, Council Members Daich,
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
Regular Sessio~
ORDINANCE NO. 21-87
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SUBSECTION (j)
TO SECTION 27-74 THEREOF PRO-
VIDING FOR THE HOURS THAT
RIVERVIEW PARK SHALL BE
OPEN TO THE PUBLIC, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 21-87
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SUBSECTION
TO SECTION 27-74 THEREOF PRO-
VIDING FOR THE HOURS THAT
RIVERVIEW PARK SHALL BE
OPEN TO THE PUBLIC.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by enacting a new Subsection (j) to
Section 27-74 thereof as follows:
"Sec. 27-74. Open season and hours
generally. J
(j) Riverview park shall be open for use
by the public from 7:00 a.m. until 10:00
p.m. dally and only registered campers
shall be permitted in the area at all other
Passed, approved and adopted this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 24th day of
March, 1987.
Mary A. Davis
City Clerk
Council Member Kluesner moved that
this be considered the first reading of the
~March 16, 1987 141
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
)rdinance. Seconded by Council Member
Simon. Carried by the foilowing vote:
Yeas--Mayor Brady, Council Members
Dcich, Kluesner, Krieg, Kronfaldt, Man-
ning, Simon. Nays--None.
Communication of City Manager sub-
matting Ordinance specifying the hours
in which metered parking will be in ef-
fect in downtown Dubuque, presented
and read.
Council Member Klueaner moved that
the communication be received and filed.
Seconded by Council Member Kronfaldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kinesner, Krieg, Kranfeldt, Manning,
Simon. Nays--None.
ORDINANCE NO, 22-87
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SUBSECTION (b) OF
SECTION 25-325 THEREOF AND
ENACTING A NEW SUBSECTION lb)
OF SECTION 25-325 IN LIEU
THEREOF PROVIDING FOR THE
OPERATION OF PARKING METERS
MONDAY THROUGH SATURDAY
FROM 9:00 A.M. THROUGH 6:00 P.M.
~resented and read,
(OFFICIAL PUBLICATION)
ORDINANCE NO. 22-87
kN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SUBSECTION lb) OF
SECTION 25-325 THEREOF AND
ENACTING A NEW SUBSECTION
(b) OF SECTION 25-325 IN LIEU
THEREOF PROVIDING FOR THE
OPERATION OF PARKING METERS
MONDAY THROUGH SATURDAY
FROM 9:00 A.M. THROUGH 6:00 P.M.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
142 Re_2.~ular Sessio~
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by repealing Subsection (b) of Section
25-325 and enacting a new Subsection (b)
of Section 25-325 in lleu thereof as
follows:
"Sec~ 25-325. When operation is required.
(b) Such parking meter shall be operated
to show legal parking in such parking
meter zones between the hours of 9:00
a.m. and 6:00 p.m., Monday through
Saturday of each week."
Passed, approved and adopted this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published in the Telegraph Herald
Newspaper this 24th day of March, 1987.
Mary A. Davis
City Clerk
Council Member Kluesner moved that
this be considered the first reading of the
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved final adoption of the
Ordinance. Seconded by Council Member
Kranfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Kronfeldt, Man-
ding, Simon. Nays--None.
Communication of City Manager sub-
.mitting a tentative schedule of future Ci-
ty Council Worksessions for their review
and requesting additional Council input
on the content annd expectations for
several Worksesaions, presented and
read.
Council Member KrunfeIdt moved that
the communication be received and fded
and directed Staff to set dates. Second-
ed by Council Member Simon. Carried by
the following vote: Yeas--Mayor Brady,
Council Members DeJch, Kluesner, Ktieg,
Kronfeldt. Manning, Simon. Nays--
None.
Proof of publication, certified to by the
March 16, 1987
publisher, on Notice to Bidders of the
receipt of bids for the construction of the
Old Mill Road Sanitary Sewer; Com-
munication of City Manager recommen-
ding to award contract for above to
Tschiggfrie Excavating be'rog 18,5%
under the Engineer's estimate, presented
and read.
Counc'fl Member Kluesner moved that
the proof and communication be recolv-
ed and filed. Seconded by Council
Member Kranfaldt, Carried by the follow-
ing vote: Yeas--Mayor Brady, Counc'fl
Members Deich, Kluesner, Krieg, Kron-
fuldt, Manning, Simon. Nays--None.
AWARDING CONTRACT
RESOLUTION NO. 73-87
WHEREAS, sealed proposals have
been submitted by contractors for the
Old Mill Road Sanitary Sewer pursuant
to Resolution No. 41-87 and notice to bid-
ders published in a newspaper publish-
ad in the City of Dubuque, Iowa, on the
19th day of February, 1987.
WHEREAS, said sealed proposals
were opened and read on the 5th day of
March, 1987, and it has been determin-
ed that the bid of Tschigg~rie Excavating
of Dubuque in the amount of $33,615.08
was the lowest bid for the furnishing of
all labor and materials and performing
the work as provided for in the plans and
specifications.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above ira-
provement be awarded to Tschiggfrie Ex-
cavating and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of contractor's bond,
the City Treasurer is authorized and in-
structed to return the bid deposits of the
unsuccessful bidders.
Passed, approved and adopted this
16th day of March. 1987.
James E. Brady
Mayor
Regular Session March 16, 1987 143
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yes--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon. Nays--
None.
Communication of Council Member
Manning disclosing her intent to apply
for a Rehabilitation Loan~ presented and
Council Member Simon moved that the
communication be received and filed and
supported her request for a waiver, re
questing that a copy and the motion be
given to Housing Services Mgr. Karl
Kohnan. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dalch, Kluesner, Krieg, Kronfuldt,
Simon. Nays--None. Abetaln--Council
Member Manning.
RESOLUTION NO. 74-87
BE IT RESOLVED by the City Coun-
cll of the City of Dubuque, Iowa, that the
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a,perrnit to sell Cigaret-
tes and Cigarette Papers within said
City.
Mnio Oil Company
Big "10" Mart 2100 J.F. Kennedy Rd.
Joseph E. Rosia
The Kegger Beer Store
3412 Pennsylvania Avenue
Passed, adopted and approved this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Mmming. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon. Nays--
None.
RESOLUTION NO. 75-87
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be oc-
cupled by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bond;
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 applicants a Beer
Permit.
CLASS "B" BEER PERMIT
Gerald Klrchberg
Cubby Bear 3203 Jackson St.
Regal of Iowa, Inc.
Godfather's Pizza 1575 J.F.K. Rd.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
William F. Dunne
Dunne Conoco 54 Locust Street
(Also Sunday Sales)
Earl Edmund Schumacher
Oky Doky Foods #5 2204 Central Ave.
(Also Sunday Sales)
Will Co., Inc.
Oky Doky Foods #10 805 W. 5th St.
(Also Sunday Sales)
Molo O11 Company (New)
Big "10" Mart 2100 J.F.K. Road
(Also Sunday Sales)
Richard Bruce Van Gordon (New)
Vange Amoco 205 Locust Street
(Also Sunday Sales)
CLASS "E" BEER PERMIT
Miller-Nell, Inc. (New)
Ruegnitz Drug 1920 Elm Street
(Also Sunday Sales)
Joseph E. Rosio (New)
The Kegger Beer Store
3412 Pennsylvania Avenue
(Also Sunday Sales)
Passed, adopted and approved this
16th day of March, 1987.
144 Regular Session
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by the
gollowing vote: Yeas--Mayer Brady,
Council Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
RESOLUTION NO. 76-87
WHEREAS, Application for Liquor
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 inspected
and found to comply with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the Man0ger
be authorized to cause to be issued to the
following named applicant(s) a Liquor
License.
CLASS "B" (HOTEL-MOTEL) BEER
AND LIQUOR LICENSE
Dubuque Historical Improvement Co.
Red Stone Inn 504 Bluff Street
(Also Sunday Sales)
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Orin P. Johnson
Bottom's Up 1602 Central Avenue
Fraternal Order of Eagles #568
1175 Century Drive
(Also Sunday Sales)
John W. Noonan
Noonan's Tavern 1618 Central Ave.
(Also Sunday Sales)
K C & S Co., Inc.
Five Flags 4th and Main Street
(Also Sunday Sales)
CLASS "C" (SPECIAL) BEER AND
WINE LICENSE
March 1,___.~6, 1987
David F. & Joanna K. Oberbroeckllng
Mr. Steak #121 2660 Dodge Street
(Also Sunday Sales)
Passed, adopted and approved this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
Printed Council Proceedings for the
month of Derendier, 1986, for Council ap-
proval presented and read.
Council Member Manning moved that
the proceedings be approved as printed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluasner, Krieg, Krunfeldt, Manning,
Simon. Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 2-3 & 2-17; Cable TV
Regulatory Comm. of 2-11; Dubuque In-
Future, Inc., of 12-29-86, 2-25-87 & 3-9;
Five Flags Comm. of 2-16; Historic
Preservation Cormn. of 2-11 & 2-24;
Housing Code Appeals Bd. of 2-25; Hans-
ing Cede Review Conun. of 1-28, 2-9, 2-18
& 2-25; Housing Comm. of 1-27;
Mechanical Bd. of 2-19; Park & Recrea-
tion Cunnn, of 2-10, 2-19; Planning &
Zoning Comm. of 2-4, 18 & 3-4; Police
Retirement Bd. of 2-24; Public Library
of 2-24; Zoning Bd. of Adjustment of 2-10
& 2-26, presented and read.
Council Member Manning moved that
the minutes be received and flied. Second-
ed by Council Member Kronfeldt. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Delch. Klues-
net, Krieg, Kronfeldt. Manning, Simon.
Nays--None.
Park & Recreation Commission
minutes of February 24. 1987. were
presented and read.
Council Meraber Kronfeldt moved tlmt
Regular Session
the minutes be received and filed. Second-
ed by Council Member Manning. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Deich, Klues-
ner, Krieg, Kconfetdt, Manning, Simon.
Nays--None.
NOTICE OF CLAIMS AND SUITS:
Mrs. Jeannette Agnitsch in amt. of
$242.06 for vehicle damages; Kathy
Brown in est. amt. of $36.95 for car
damages; Ted Erickson in amt. of
$115.67 for property damages; Patrick
Green in amt. of $602.00 for property
damages; Mrs. Cecil Webster in amt. of
$20 for vehicle damages, presented and
read.
Council Member Manning moved that
the claims and suits be referred to the
Legal Staff for investigation and report.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
Dubuque County Board of Supervisors
requesting comments, if any, regarding
nominating for possible designation of
the Old Jail as a National Historic Land-
mark, presented and read.
Council Member, Manning moved that
the communication be received and fried
and supported request (authorized
Mayor's signature). Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Ktieg,
Kronfeldt, Manning, Simon. Nays--
None.
Communication of Harold McMahon
recommending solution to providing
safer access to and egress from the park-
lng lot north of the building at 300 North
Grandview Ave., presented and read.
Council Member Manning moved that
the communication be referred to the Ci-
ty Manager. Seconded by Council
Member Kronfeldt. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
Communication of Richard J. & Alice
It. Kelly requesting vacating the alley
located along the westerly boundary of
March 16, 1987 145
the property known as Lot 60 in Ham's
Addition, presented and read.
Council Member Manning moved that
the communication be referred to the
City Manager for investigation and
report. Seconded by Council Member
Kronfaldt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Kronfeldt, Man-
ning, Simon. Nays--None.
Communication of Carnegie Stout
Public Library Board of Trustees submit-
ting comments regarding concerns
pressed at the Budget Sessions,
presented and read.
Council Member Manning moved that
the communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
REFUNDS REQUESTED: Dubuque
Jayceee, $75 on unexpired Beer Permit;
Randall's International, Inc., $25 on
unexpired Cigarette License and C.L.
Swanson Corp., $25 on unexpired
Cigarette License, presented and read.
Council Member Manning moved that
the refunds be approved and Finance
Director to issue the proper checks.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kinesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
Communication of City Manager sub-
mitring Resolution which authorized a re~
quest for release of CDBG funds for the
Dubuque Star Brewing Co., presented
and read.
Council Member Manning moved that
the communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the renewing vote: Yeas--
Mayor Brady, Council Members Dalch,
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
RESOLUTION NO. 77-87
A RESOLUTION AUTHORIZING
SUBMISSION OF A REQUEST
FOR A RELEASE OF FUNDS FOR
146 Regular Session March 16, 1987
CERTAIN COMMUNITY DEVELOP-
MENT BLOCK GRANT PROJECTS
WHEREAS, the City of Dubuque,
Iowa, in conformance with the Envi-
ronmental Review Procedures for the
Community Development Block Grant
Program, convened an Ad Hoc Commit-
tee on January 28, 1987, which completed
an environmental assessment of the
following:
Dubuque Star Brewing Company
Economic Development Project
and
WHEREAS, pursuant to Resolution
No. 57-87, adopted February 16, 1987,
public notice of a "Finding of No Signifi-
cant Effect on the Environment" for the
above projects was published February
17. 1987, in the Dubuque Telegraph
Herald, a newspaper of general circuin-
tion, and provided for a public comment
period until 12:00 Noon on Monday,
March 6, 1987; and
WHEREAS, public notice of a "Fin-
ding of No Significant Effect on the En-
vironment'' for the above projects was
sent by regular mail to various federal,
state and local public agencies and to
local news media, individuals and groups
known to be interested and believed to
be appropriate to receive such a public
WHEREAS, any and all objections, if
any, to such proposals have been duly
considered; and
WHEREAS, it is the intent of the Ci-
ty Council to authorize the submission
of a request to the U.S. Department of
Housing and Urban Development for the
release of funds to carry out the above-
identified projects.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Environmental
Review Record for the projects shall con-
tinue to remain on file in the Office of the
City Clerk where said record may be ex-
amined and copied by any interested
party.
Section 2. That the Mayor nf the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
merit a request for release of funds to
undertake the said projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent to assume the status of a responsi-
ble federal official under the National En-
vlronmental Protection Act, insofar as
the provisions of the said Act apply to
the U.S. Department of Housing and Ur-
ban Development responsibilities for
review, decision-making, and action
assumed and carried out by the City of
Dubuque as to environmental issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent personally, in his official capacity
and on behalf of the City of Dubuque, to
accept the jurisdiction of the Federal
Courts if an action is brought to enforce
responsibilities in relation to environmen-
tal reviews, decision-making and action.
Section 5. That the Mayor of the City
of Dubuque be and he is hereby authoriz-
ed and directed to execute a certification
pertalaing to the environmental review
procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed to
publish a public notice for a Request for
Release of Funds in the form of P~blic
Notice attached hereto and made a part
thereof.
Passed, approved and adopted this
16th days of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
C~ty Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Me, tubers Delch, Kluoener, Krleg,
Kronfeldt, Manning, Simon. Nays--
None.
Petition of Attorney David F. Setter
on behalf of Jald-Wen Fiber Products,
Inc., requesting a refund which was paid
for the Industrial Development Revenue
Bonds procedure; however, bonds were
never issued, presented and read.
Council Member Manning moved that
the request be approved in the amount
of $3,400 and Finance Director to issue
the proper check. Seconded by Council
Member Krovfeldt. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
proofs of publication, on Notice of
Finding of No Sig~ficant Effect on the
Environment for the Dubuque Star
Brewing Co. Project; Notice that a copy
of the Grantee Performance Report to
HUD is on file in various places; List of
claims paid for the month of January,
1987, presented and read.
Council Member Manning moved that
proofs be received and filed. Seconded by
Council Member Kronfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Meinbers Deich, gluesuer, Krieg,
Kronfeldt, Manning, Simon. Nays--
None·
Communication of Michael Budde,
Mayor of the City of Asbury, requesting
to place destination signing for their Ci-
ty at the intersection of Highway 20 and
the Northwest Arterial as well as at the
intersection of the Northwest Arterial
and Asbury Read, presented and read.
Council Member Iv/arming moved that
the communication be referred to the
City Manager. Seconded by Council
Member Kronfeldt. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Daich, Kinesner, Kring,
Krenfaldt, Manning, Simon. Nays--
None.
Petitions of Lisa Bublitz, Nicole
Chaloupka, Roe Lynn Klass, Amanda
· McClain, Matt Herbet, Karl Juno, Jason
Meyer and Angle Boots requesting to
keep Municipal Pool open, presented and
read.
Council Member Kronfeldt moved that
the petitions be received and filed.
Seconded by Council Member Manning.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Kcieg, Kronfeldt, Manning,
Simon. Nays--None.
Communication of Corporation
Counsel Lindahl again recommending
March 16, 1987 147
denial of claim of Alice Eberhart,
presented and read.
Council Member Manning moved that
the communication be received and filed
and approved denial. Seconded by Coun-
cil Member Kronfeldt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon. Nays--
None.
Communication of Corporation
Counsel Lindald recommending denial of
sewer back-up claim of Daniel Avenarius;
Car damage claim of J. Thomas Zaber;
Car damage claim of Dennis Miller,
presented and read.
Council Member Manning moved that
the communications be received and fil-
ed and denials approved. Seconded by
Council Member Krunfaldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deice Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
~!one.
Communication of Corporation
Counsel Lindahl recommending set-
tien~ents of tar damage claim of Peggy
Dalen in amt. of $15.60; tar damage claim
of Robert C. Juergens in amt. of $24.96,
presented and read.
Council Member Manning moved that
the settlements be approved and Finance
Director to issue the proper checks.
Seconded by Council Member Krenfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
Communication of planning & Zoning
Commission approving final plat for
repintting of Block 8 in Arbor Oaks
located east of Old Country Lane and
containing Castalwoeds Lane, presented
and read.
Council Member Manning moved that
the communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesnar, Krieg, Krunfeldt, Manning,
Simon. Nays--None.
148 Regular Session March 16, 1987
RESOLUTION NO. ~7
RESOLUTION APPROVING THE
REPLATTING OF BLOCK 8 IN AR-
BOR OAKS IN THE CITY OF
DUBUQUE, IOWA.
WHEREAS, there had been approved
by the City Council a final plat of Block
8 in Arbor Oaks in the City of Dubuque,
Iowa, on July 16, 1979, by Resolution
No. 191-79; and
WHEREAS, said final plat of Block 8
of Arbor Oaks has been recorded in the
office of the Dubuque County Recorder
on August 31, 1979, by Instrument
#7750-79; and
WHEREAS, there has been fried with
the City Clerk a replatting of Block 8 in
Arbor Oaks in the City of Dubuque,
Iowa; and
WHEREAS, upon said replatting ap-
pears street to be known as Castelwcods
Lane, together with certain public utili-
ty easements which the Owners by said
plat have dedicated to the public forever
and
WHEREAS, said replatting has been
examined by the City Planning and Zon-
ing Commission and had its approval en-
darsed thereon; and
WHEREAS, said replatting has been
examined by the City Council and they
find that the same conforms to the
statutes and ordinances relating thereto,
except that street grades have not been
established, the streets brought to grade
or paving, sewer or water installed;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedication of
Castelwcods Lane, together with the
eaSements for public utilities as the same
appear upon said plat, be and the same
are hereby accepted;
Section 2. That the replatting of Block
8 in Arbor Oaks in the City of Dubuque,
Iowa, be and the same is hereby approv-
ed and the Mayor and City Clerk are
hereby authorized and directed to en-
dorse the approval of the City of Dubu-
que, Iowa, upon said plat, provided the
owners of said proper~y herein named, ex-
ecute their written acceptance hereto at-
tached agreeing:
(a) To reduce Castelwoeds Lane to
grade and to construct concrete curb and
gutter and hard surface and pave with
bituminous concrete, or with concrete
roving with integral curb, all in accor-
dance with City of Dubuque standard
specifications;
(b) To improve the temporary easement
"A" as a temporary turn around with a
30' radius with 8" of basestane and 2~A''
of asphalt surfacing, at the same time as
Castelwoods Lane is improved;
(c) To install sanitary sewer mains and
sewer service laterals in accordance with
plans submitted with the plat;
(d) To install water mains and water
service laterals in accordance with plans
submitted with the plat;
(e) To install storm sewers and catch-
basins in accordance with plans submit-
ted with the plat;
(f) To install concrete sidewalks as re-
qnired by Ord/nances, and where directed
by the City Engineer and the City
Manager;
(g) To install boulevard street lighting
n accordance with City specifications;
(h) To construct tbe foregoing im-
provements in accordance with the plans
and specifications approved by the City
Manager, under the inspectian of the City
Engineer, and hi a manner approved by
the City Manager;
(i) To construct said improvements, ex-
copt sidewalks, prior to one year from the
date of acceptance of this Recolutian;
(j) To inalntain the foregoing im-
provements for a period of four (4) years
from the date of their acceptance by the
City of Dubuque, Iowa;
(k) To provide the foregoing construc-
tion and maintenance at the sole expense
of the subdivider. Iowa-NarthwesTern
Development Company, or future owner:
Regular Sessior
And further provided that Iowa-
Northwestern Development Company, as
owners of said subdivision, secure the
performance of the foregoing canditions
by providing security in such form and
with such sureties as may be accceptable
to the City Manager.
Section 3. That in the event the owner
shall fall to execute the acceptance and
furnish the security provided in Section
2 hereof within forty-five (45) days after
the date of this Resolution, the provisions
hereof shall be null and void and the ac-
ceptance of the dedication and approval
of the plat shall not be effective.
Section 4. That this Resolution re-
scinds and replaces Resolution # 191-79.
Passed, approved and adopted this
16th day of March, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OFRESOLUTION
NO. 78.87
I, James A. Schwers, president of Iowa-
Northwestern Devqlopment Company,
having read the terms and conditions of
the Resolution No. 78-87 and being
famih'ar with the conditions thereot
hereby eceept the same and agree to the
conditions required therein.
Dated at Dubuque, Iowa, this 23 day of
March, 1987.
Iowa-Northwestern Development Co.
By James A. Schwers, President
To:
Mary A. Davis
City Clerk
This is to certify that the security pro-
vided by foregoing RESOLUTION No.
78-87 has been furnished by the owners.
Dated at Dubuque, Iowa, this 30th day
of April, 1987.
W. Kenneth Gearhart
City Manager
March 16, 1987 149
Council Member Manning moved
adoption of the Resolution. Seconded by
~anncil Member Kronfaidt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
Communication of Planning and Zan-
lng Commission approving final plat of
Westercomp Place located north of North
Cascade Road in Dubuque County,
presented and read.
Council Member Manning moved that
the communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Kinesner, Krieg, Kronfeldt, Manning,
~Siman. Nays--None.
RESOLUTION NO. 79-87
RESOLUTION APPROVING THE
FINAL PLAT OF LOT 1 AND LOT
2 OF WESTERCAMP PLACE IN
SECTION 3, TABLE MOUND
TOWNSHIP, DUBUQUE COUNTY,
IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of Lot 1 and
Lot 2 of Wastercamp Place in Section 3,
Table Mound Township, Dubuque Coun-
ty, Iowa; and
WHEREAS, said final plat has been
examined by the City Planning and Zon-
ing Commission and they find that the
same conforms to the statutes and or-
dinances relating thereto, except that Lot
2 does not have public street frontage;
and
WHEREAS, said final plat has been
approved by the City Planning and Zon-
ing Commission on the condition that
Lot 2 cannot be further developed
without a public street access; and
WHEREAS, said final plat has b~en
examined by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto, except
that Lot 2 does not have public street
frontage; and
WHEREAS, the City Council concurs
in the conditions of approval establish-
152 Regular Session March 16, 1987
specifications approved by the City
Manager, under the inspection of the City
Engineer, and in a manner approved by
the City Manager;
(g) to construct said improvements
prior to one (1) year from the date of
ceptance of tins Resolution;
(h) to maintain the foregoing im-
provements for a period of four (4) years
from the date of their acceptance by the
City of Dubuque, Iowa; and
(i) to provide the foregoing construction
and maintenance at the sole expense of
the Subdivider, Hawkeye Development,
or future owner;
and further provided that Hawkeye
Development, as owner of said Subdivi-
sion, secure the performance of the
forege'mg conditions by providing secur-
ity in such form and with such sureties
as may be acceptable to the City
Manager.
Section 3. That in the event that the
owner shall fail to execute the acceptance
and furnish the security provided for in
Section I hereof witinn forty-five (45)
days after the date of tins Resolution, the
provisions hereof shall be null and void
and the acceptance of the dedication and
approval of the plat shall not be effective.
Section 4. That this Resolution
rescinds and replaces Resolution No.
55-87.
Passed, approved and adopted tins
16th day of March, 1987.
James E, Brady
Mayer
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 81-87
I, Bernard Hefel, of Hawkeye Develop-
ment, a partnersinp, having read the
terms and conditions of the foregoing
Resolution No. 81-87 and being familiar
with the conditions thereof, hereby ac-
cept the same and agree to the condi-
tions thereof.
Dated at Dubuque, Iowa, tins 16th day
of March, 1987.
HAWKEYE DEVELOPMENT
A PARTNERSHIP
By: s/Bernard Hefel
TO:
Mary A. Davis
City Clerk
This is to certify that the security pro-
vided by the foregoing Resolution No.
81-87 has been furnished by the ovnrer.
Dated at Dubuque, Iowa, tins 6th day of
April, 1987.
s/W. Kenneth Gearhart
City Manager
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kronfaldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Delch, K]uesuer, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
Communication of Advisory Council
on Historic Preservation advising of the
acceptance of Community Development
Block Grant Rental Rehabilitation Pro-
gramming Agreement, presented
read.
Counc'd Member Manning moved that
the communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krleg, Kronfeldt, Manning,
Simon. Nays--None.
Communication of City Manager repe~
ting to Council concerning the efforts of
Dubuque In-Future, Inc., to list the
Market Place Dubuque property for sale,
presented/md read.
Counsel Member Kluesuer moved that
the communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Counc'd Members Delch.
Kluesner. Kriag, Kronfeldt. Manning,
Simon. Nays--None.
Regular Session
Communication of Finance Director
forwarding a list of outstanding Council
Travel advances, as of February 28, 1987,
as required by Resolution No. 27-86,
presented and read.
Council Member Manning moved that
the communication be received and filed.
Seconded by Council Member Kranfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfaldt, Manning,
Simon. Nays--None.
Communication of City Manager re-
questing authorization to sign the con-
tract with Helle, Klosterman & Co. to
perform the annual audit services for the
Fiscal Years ending June 30, 1987, and
June 30, 1988, presented and read·
Council Member Manning moved that
the communication be received and filed
and City Manager authorized to execute
contract· Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Kronfeldt, Man-
ning, Simon. Nays--None.
Communication of Corporation Coun-
sel Lindahl and Assistant City Attorney
O'Brien advising of ruling handed down
in the case of the City vs. Group W.
presented and rea~.
Counc'd Member Manning moved that
the communication he received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfeldt, Manning,
Simon, Nays--None.
Communication of City Manager sub-
mitt'rog Financiai Reports for the month
of February, 1987, presented and read.
Council Member Manning moved that
the communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Kluesuer, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
Communication of Ice Harbor Plarm-
ing Group advising of their support for
the concept of co-locating the National
Rivers Hall of Fame and reconfirming
March 16, 1987 153
their support for the Third Street Over-
pass Plan, presented and read.
Council Member Manning moved that
the communication he received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Delch,
Klueaner, Kriag, Kronfaldt, Manning,
Simon. Nays--None.
Communication of letter from Mayor
Brady to State Representative Connol-
ly advising of excitement of the possibil-
ity of Dubuque's continuing role as the
leader in Iowa Tourist Development,
presented and read.
Council Member Manning moved that
the letter be received and filed. Second-
ed by Coungll Member Kcenfeldt. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Deich, Klues-
her, Kriag, Kronfaidt, Manning, Simon.
Nays--None.
Communication of Corporation Coun-
sel Lindahl recommending denial of
water back-up claim of Mrs. James A.
Hall, presented and read.
Council Member Manning moved that
the communication be received and filed
and denial approved. Seconded by Coun-
cil Member Kronfaldt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon. Nays--
None.
Communication of Corporation Coun-
sel Lindakl advising of closure of proper-
ty damage claims for the following: CT
Apts., Edward Lutgen, Ken Plowman,
Robert T. Donner, M.D. Guenther, Ron-
aid Coates, Robert McCarron, Serenus
Manders, Ken Arensdorf, Mrs. Cecil
Webster and Water Main Break claim of
Ted Erickson, presented and read.
Council Member Manning moved that
the communication be received and filed
and approved closures. Seconded by
Council Member Kranfeldt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None.
City Manager submitted the Adopted
Budget Materials for the Fiscal Year
154
Regular SessiOn March 16, 1987
1988, presented and read·
Council Member Manning moved that
the documents be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Klueaner, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
There being no further business, Court-
cfi Member Kronfeldt moved to adjourn.
Seconded by Council Member Manning.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Kronfaldt, Manning,
Simon. Nays--None.
Meeting adjourned at 11:47 p.m.
Mary A. Davis~
City Cleck
Approved __1987
Adopted 1987
Mayor
Council Members
ATTEST:
City Clerk
Regular Session, A~pril 6,
CITY COUNCIL
OFFICIAL
Regular Session, April 6, 1987
Council met at 7:30 o'clock p.m., in the
Pubilc Library Auditorium
Present -- Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon, City
Manager W. Ke~meth Gearhart, Corpora-
tion Counsel Barry A. Lindahl.
Mayor Brady read the cail and stated
that this meeting is the REGULAR
MEETING of the City Council cai[ed for
the purpose to act upon such business
which may properly come before the
Council.
Invocation was given by Bishop Den-
nis M~nhart of the Church of Jesus
Christ of Latter Day Saints.
PROCLAMATIONS: April 11 tlu-u 18
as "Community Development Week"
received by Jim Burke; April 26 thru
May 2 as "National Volunteer Week"
received by Sue Houllhan; April 5 thru
11 as "Boys Club Week".
Council Member Kluesner moved to
suspend the rules to les anyone present
address the Council if they so desire
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deick
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None.
Proof of Pubilcation, certified to by the
publisher, on Notice of Public Hearing to
consider reclassifying property east of
J.F. Kermedy Road and south of the Fire
Station from R-3 to &2 District AND
Petition of Delos Dorwsiler requesting
his property at 2105 Kennedy Road be re-
zoned to C-2 District, presented and read.
Council Member Kluesner moved that
the proof and petition be received and
filed. Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Kronfeldt, Man-
ning, Simon. Nays--None.
Brendan Quann~ Attorney, requested
favorable consideration of the zoning.
1987 155
ORDINANCE NO. 234~7
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", BY RECLAS-
SIFYING HEREINAFTER DE-
SCRIBED PROPERTY EAST OF J.F.
KENNEDY ROAD AND SOUTH OF
THE FIRE STATION FROM R-3
MULTI-FAMILY RESIDENTIAL
DISTRICT TO C-2 NEIGHBORHOOD
SHOPPING DISTRICT, said Ordinance
having been presented and read at the
Council Meeting of March 16, presented
for final adoption.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 23~87
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", BY RECLAS-
SIFYING HEREINAFTER DE-
SCRIBED PROPERTY EAST OF J.F.
KENNEDY ROAD AND SOUTH OF
THE FIRE STATION FROM R-3
MULTI-FAMILY RESIDENTIAL
DISTRICT TO C-2 NEIGHBORHOOD
SHOPPING CENTER DISTRICT.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by revising Appendix A thereof, also
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa", by reclassifying hereinafter
described property from "R-3 Multi-
Family Residential District" to "C~2
Neighborhood Shopping Center Dis-
trict'', to wit:
Lot 2 of Lot 2 of Asbury Spring Sub-
division No. 5 in the City of Dubuque,
Iowa.