1987 December Council ProceedingsRegular Session, December 7, 1987 461
CITY COUNCIL
OFFICIAL
Regular Session, December 7, 1987.
Council Met at 7:30 p.m., Public
Library Auditorium.
Present--Mayor Brady, Council Mem-
bers Dcich, Kluesne~; Krieg, Manning,
Simon, City Manager W. Kenneth Gear-
hart, Corporation Counsel Barry A.
Lindahl.
Absent--Council Member Kronfeldt.
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.
INVOCATION was given by Rev.
Loren Hirschy, Pastor of the Word of Life
Ministries.
PROCLAMATIONS: December 9th
as "Youth in Law Enforcement Day."
Council Member Dcich moved to sus-
pend the rules to allow anyone present
to address the Council if they so desire.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deicb
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
Proof of publication, certified to by the
Publisher, on Not,ce of Public Hearing
on Plans and Specifications for Iowa
Fuel Storage and Dispensing and Cm'd
Control System at Public Works Garage,
presented and read.
There were no written objections
received and no oral objectors present at
the time of the Hearing. Council Mem-
ber Klucsner rnoved that the proof of
publication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deic~
Kluesner, Krieg, Manning, Simon.
Nays--None Absent--Council Member
Kronfeldt.
RESOLUTION NO. 33087
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 28th day of Oc-
tober, 1987, plans, specifications, form
of contract and estimated cost were fil-
ed with the City Clerk of Dubuque, Iowa,
for the City of Dubuque, Iowa Fuel
Storage and Dispensing System; and
WHEREAS, notice of hearing on
plans, specifications, form of contract,
and estimated cost was published as
required by law.
NOW, THEREFORE, BE IT RE-
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.
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Kluesner,
Krleg, Manning, Simon. Nays--None.
Absent Council Member Kronfeldt.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
receipt of bids for the construction of
City of Dubuque, Iowa Fuel Storage and
Dispensing and Card Control System at
Public Works Garage AND Communica-
tion of City Manager recommending to
award contract for above to PE.S., Inc.
of Marion, lA, presented and read.
Gouncil Member Kluesner moved that
the proof and communication be receiv-
ed and filed. Seconded by Council Mem-
ber Dcich. Carried by the following vgte:
Yeas--Mayor Brady, Council Members
462 Regular Session, December 7, 1987
Deich, Khiesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
RESOLUTION NO. 331.87
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
City of Dubuque Public Works Garage
Fuel Storage, Dispensing and Card Con-
trol System pursuant to Resolution No.
308-87 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 6th day of
November, 1987.
WHEREAS, said sealed proposals
were opened and read on the 24th day
of November, 1987 and it has been deter-
xnined that the bid of EE.S. Ina of
Marion in the amount of $89,179.59 was
the lowest bid for the furnishing of all
labor and ~nateriais 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 EE.S. Inc. 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 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 7th
day of December, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kinesner,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
Proof of publication~ certified to by the
Publisher, on Notice of Public Hearing
on rezoning request of Finley to rezone
properties on Delhi Street and approv-
ing an amendment to the Conceptual
Devaiopment Plan for the Finley
Hospital ID Institutional District,
presented and read. There were no writ-
ten objections received and no oral ob-
jectors present at the time of the
Hearing.
Council Member Simon moved that
the proof of publication be received and
lied. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
ORDINANCE NO. 70-87
An ORDINANCE AMENDING ZON-
ING ORDINANCE AND ZONING
MAP OF THE CITY BY RECLASS-
IFYING PROPERTIES AT 1475,
1491-1499, 1503, 1543, 1555 AND 1567
DELHI, AND ADJOINING PROPER-
TIES, FROM R-2 TWO FAMILY
RESIDENTIAL DISTRICT TO ID IN-
STITUTIONAL DISTRICT AND AP-
PROVING AN AMENDMENT TO
THE CONCEPTUAL DEVELOP-
MENT PLAN FOR THE FINLEY
HOSPITAL TO INSTITUTIONAL
DISTRICT, said Ordinance having been
presented and read at the Council
Meeting of November 16, presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 70-87
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF, ALSO
KNOWN AS THE "ZONING OR-
DINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA", BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTIES AT 1475,
1491-I499, 1503, 1543, 1555, AND 1567
Regular Session, December 7, 1987
463
DELHI, AND ADJOINING PROPER-
TIES, FROM R-2 TWO FAMILY
RESIDENTIAL DISTRICT TO ID IN-
STITUTIONAL DISTRICT AND AP-
PROVING AN AMENDMENT TO
THE CONCEPTUAL DEVELOP-
MENT PLAN FOR THE FINLEY
HOSPITAL ID INSTITUTIONAL
DISTRICT.
WHEREAS, Finley Hospital, owner
and applicant, filed an application for
reclassification of 1475, 1491-1499, 1503,
1543, 1555, and 1567 Delhi and adjoin-
ing properties from R-2 Two Family
Residential District to ID Institutional
District and has filed an amendment to
the conceptual development plan for cer-
tain properties hereinafter described in
accordance with provisions of the ID In-
stutlonai District regulations as set
forth in Section 3-5.2 of the Code of Or-
dniances, Appendix A thereof, of the
City of Dubuque, Iowa; and
WHEREAS, the Planning and Zoning
Commission has held a public hearing on
said application for zoning reclassifica-
tion and said amendment to the concep-
tual devaiopment plan pursuant to re-
quired published notice; and
WHEREAS, the planning and Zoning
Commission has approved said applica-
tion for zoning reclassification and said
amendment to the conceptual develop-
ment plan subject to specific conditions
and restrictions having found that said
plan conforms with the review standards
applicable to such plans as set forth in
Section 3-5.2D(4) of the Code of Ordi-
nances, Appendix A thereof, of the City
of Dubuque, Iowa; and
WHEREAS, the planning and Zoning
Commission recommended the concur-
rence of the City Council in approval of
said amendment to the conceptual
development plan and said application
of zoning reclassification; and
WHEREAS, the City Council has
received the recommendation of the
Planning and Zoning Commission and
held its own public hearing on said
amendment to the conceptual develop-
ment plan and said application for zen-
lng reclassification pursuant to required
published notice; and
WHEREAS, the City Council has ep-
proved said amendment to the concep-
tual development plan and said applica-
tion for zoning reclassification subject
to the same specific conditions and
restrictions.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section L That the Cede 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 from R-2 Two
Family Residential District to ID In-
stltutionai District, and an amendment
to the conceptual development plan is
hereby adopted and approved for the
fdilowing described property, to wit:
Lot 1, Lbt 2 of Lot 1 of Lot 2, Lot
1 of Lot 1 of Lot 2, Lot 2 of Lot
3, Lot 1 of Lot 3, all in Hughes
Subdivision; Lot 4, Lot 5, Lot 1
of the North 95 feet of Lot 2 of the
Sub of Lot 3, the south 151.1 feet
of Lot 2 of Lot 3, Lot 2 of Lot 1
of Lot 3, Lot 2 of the north 95 feet
of Lot 2 of Lot 3, and Lot 1 of Lot
1 of Lot I of Lot I of Lot 1 of Lot
3, all in Mineral Lot 172, Lot 2 of
the Sub of Lot 1 in Motor Sub and
to the center line of the adjoining
public right-of-way, all in the City
of Dubuque, Iowa.
Section 2. That in order to accomplish
the purposes of the "ID Institutional
District" and of the Zoning Ordinance,
the property herein above described is
subject to the following conditions and
restrictions:
A. Use Regulations. The following
regulations shall apply to all uses made
of land in the above described ID In-
stitutional District:
1. Facilities and operations for
diagnosis, care, and treatment of human
health disorders, including examination
or operating rooms, physical therapy or
x-ray facilities, psychiatric treatment,
convalescent care, and similar hospital
related uses, but not to include commer-
ciaiuses or uses listed as accessory uses
for the ID Institutional District. This
464 Regular Session, December 7, 1987
provision shell include separate doctors, (b) Construction of the building
clinics or other medical facilities not shall begin after June l, 1988
owned or operated by the principal in-
stitution but functionally related to the
institution and included in the concep-
tual development plan. {36]
2. Accessory Uses. The following
usually shall be permitted as accessory
uses in the above described ID Institu-
tional District.
(a) All uses customarily incidental
to the principal permitted use
in conjunction with which such
accessory use is operated or
maintained, but not to include
commercial uses outside the
principal building.
B. Lot and Bulk Regulations. Develop-
ment Of land in the ID Institutional
District shall be regulated as follows:
(1) All buildings, structures and ac-
tivities shall be located in conformance
with the attached conceptual develop-
ment plan and all final site development
plans to be approved in accordance with
the provisions of the ID Institutional
District regulations as provided in the
Zoning Ordinance of the City of Du-
buque~ Iowa.
(2) A minimum building setback
shall be as fallows:
40' front yard setback;
50' rear yard setback on north side of
property;
10' plan 2' per story for a side yard set-
back; and
a moximum height of 30' on front of the
building and 40' at the rear of the
building measured at the average ground
level at the building.
C. Perfurmance Standards. The devel-
opment and maintenance of uses in this
ID Institutional District shall be
established in conformance with the
following standards, as well as with the
regulations of Section 3-5.2 of the ID
Institutional District:
1. The proposed construction and
landscaping schedule shall occur as
herein described:
(el Demolition of existing struc-
tures and site preparation is
completed by May 1, 1988.
with the finished grading to be
completed by March 31, 1989.
(c) The buildingsites are designed
and completed by March 1,
1989 with the finished land-
scaping completed by May 1,
1989.
(d) Tbe building is ready for oc-
cupancy by June 1, 1989.
D. Additional Standards.
1. The off-street parIdug requirement
for the principal permitted uses for the
hereinafter described ID Institutionel
District shall be designated by a bracket-
enclosed number next to the use, as
herein described:
[36] .75 spaces for each employee
on the maximum shift plus 3.5
spaces for each doctor (doctors are
not included as employees for
calculations of this parking
group)
2. A mlnimum of 162 off-street Park'
lng spaces and two loading spaces will
be provided on the site based on the
following calculations:
30 physicians x 3.5 spaces = 105
spaces
60 support employees x.75 spaces
= 45 spaces
Dialysis area = 12 spaces
3. The signs permitted in this ID In-
stitutional District area shall be limited
as specified in Section 4-3.11 of the Zon-
ing Ordinance of the City of Dubuque,
Iowa.
4. The conceptuel development plan
shall be valid for a period of three years
provided a final site development plan
for the phases is submitted within one
year from the date of approval.
5. No future access onto the alley will
be allowed from site.
6. Site meets requirements of Section
4-4 and 4-5 of the Zoning Ordinance.
7. The developer shall control the
flow of the storm water from the site by
Regular Session, December 7, 1987
providing a temporary retention of storm
water on the site and discharge into a
cUrb-and-guttered street to control the
Bow of water into the city sewer. No
water shall be discharged onto the ad-
joining alley.
E. Transfer of Ownership.
1. Transfer of ownership or lease of
property in this ID Instltutionel District
shall include in the transfer of lease
agreement a pro~/ision that the pur-
chaser or lessee acknowledges awareness
of the conditions authorizing the
establishment of this district.
F. Previous Plan.
1. The conceptual development plan
for that portion of the Finley ID Institu-
tional District approved by Ordinance
No. 29-86 shall remain valid and in ef-
fect in conjunction with this amend-
ment.
Passed, approved end adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Published officially in the qblegraph
Herald newspaper this 14th day of
December, 1987.
Mary A. Davis
City Clerk
It 12/14
Council Member Simon moved final
adoption of the Ordinance. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kfuesner,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
proof o~ publication, certified to by the
Pabllsher, on Notice of Public Hearing,
to dispose of City's interest in property
located at the northwest side of Delhi St.
at the intersection of Delhi Street and
West 5th St., presented and read, There
were no written objections received and
or oral objectors present at the time of
the Hearing.
Council Member Simon moved that
the proof of publication be received end
465
Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kinesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfaldt.
RESOLUTION NO. 332-87
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 in the City of Dubuque,
Iowa on the 16th day of November, 1987,
at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust Streets,
Dubuque~ Dubuque County, Iowa to con-
sider the proposal of the sale of real
estate described as
Lot 2 of I of Lot 3 of M.L. 172 and
Lot 2 of 2 of 1of 1of 1 of 1 of 3
of M.L. 172 all in the City of
Dubuque, Iowa
to Finley Hospital; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and ell objections, oral or written to the
interest in the City
of Dubuque, Iowa in the heralnabove
real estate to Finley Hospital.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of interest
of the City of Dubuque, Dubuque Coun-
ty, Iowa in the property described as Lot
~ of I of Lot 3 of M.L. 172 and Lot 2 of
2 of 1 of 1 of 1of 1 of 3 of M.L. 172 all
in the City of Dubuque, Iowa to Finley
Hospital be and the same is hereby ap-
proved for the sum of $8,760.00 plus cost
of publication and recording costs; and
that conveyance shall be by Quit Claim
Deed.
Section 2. That the City of Dubuque
retains an easement across the proper-
ty for the construction and maintenance
of water mains, that buildings or struc-
tures are prohibited from being con-
structed on the easement but that the
purchaser has the right to use the ease-
ment area for parking purposes.
466
Section 3. That the City Clerk be and
is hereby directed and authorized to
deliver deed of conveyance conveying the
above described real estate to the above-
named party upon receipt of the put-
chase price in full.
Section 4. That the City Clerk be and
is bereby authorized and directed to
record a certified copy of this Resolution
in the offices of the City Assessor, Du-
buque County Recorder, and Dubuque
County Treasurer.
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTESm
Mary A. Davis
City Clerk
Council Member Simon moved adop.
tion of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
Proof of publication, certified to by the
publisher, on Notice of Public Hearing
to vacate and release a ten foot wide
public utility easement commencing at
the southwesterly boundary line of Lot
i of Block 1 of Clarke Crest Estates
Second Addition, presented and read.
There were no written objections receiv-
ed and no oral objectors present at the
time of the Hearing.
Council Member Simon moved that
the proof of publication be received and
filed. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Delch, Kineaner, Krieg, Manning, Simon.
Na~- Nm~o: Absent--Council Member
Kronfeldt.
RESOLUTION NO. 333-87
WHEREAS, pursuant to resolution
and published notice of time and place
of hearing, posted in the Telegraph
Herald, a newspaper of general circula-
tion, published on November 23, 1987 in
the City of Dubuque, Iowa, the City
Council of the City of Dubuque, Iowa
Regular Session, December 7, 1987
met on the 7th day of November, 1987
at 7:30 o'clock p.m. lin the Poblic Library
Auditorium) to consider the vacation
and release of a ten foot wide public utfl-
ity granted to the public
ralatlng to and affecting Lot 1 of Block
1 of CLARKE CREST ESTATES SE-
COND ADDITION TO THE CITY OF
DUBUQUE, IOWA, according to the
recorded plat thereof filed May 26, 1987
5498-87 in the office
of the Recorder of Dubuque County,
Iowa; and
WHEREAS, the City Council of the
City of Dubuque, Iowa deems it in the
best interests of the public that said
release and vacation of easement be
granted and that said easement be aban-
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the proposal to vacate
and release a ten foot wide p~bllc util-
ity easement conunencing at the south-
westerly boundary line of Lot i of Block
I of CLARKE CREST ESTATES
SECOND ADDITION TO THE CITY
OF DUBUQUE. IOWA, according to
the recorded plat thereof fi]ed May 26,
1987 as Instrument Na 5498-87 of the
Dubuque County records, and extending
in a generally northerly direction to the
center of said lot where said easement
terminates, and the proposed abandon-
ment of said publi5 utility easement to
the proprietor be and the same is hereby
approved.
Section 2. That the Mayor and the
City Clerk be and they are hereby em-
powered to execute any documents
necessary to the releasing of said public
utility easement, including this resalu-
tion, and the Mayor and City Clerk are
hereby empowered to certify this
resoiut~on.
Section 3. That the City Clerk be and
she is hereby directed to file a certified
copy of this resolution in the offices of
the Dubuque County Recorder, Dubuque
County Auditor and Dubuque County
Assessor.
Passed, approved and adopted this 7th
day of Deccmber, 1987
Session, December 7, 1987
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolutinn. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Coundfl Members Deich, Khiesner, Krieg,
Manning, Simon. Nays--None. Absent--
Council Member Kronfeldt.
Communication of City Manager ad-
vising of City's intent to dispose of parcel
of City-owned property to Pete S. and
Bessie Sfikas adjacent to their restaurant
property at 4th Street and Central Ave.,
presented and read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Krleg. Can
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Klues-
nor, Krleg, Manning, Simon. Nays--
None. Abeant--Canncil Member Kron-
feldt.
RESOLUTION NO. 334~7
RESOLUTION OF INTENTION TO
DISPOSE OF CITY'S INTEREST
IN PROPERTY DESCRIBED AS
LOT 2 OF BLOCK 7 IN
"DUBUQUE DOWNTOWN pLAZA"
WHEREAS, Pete S. and Bessie Sflkas
are owners of the restaurant building and
property located at 4th Street and Can-
tral Avenue and adjacent to a vacated
alley lot still owned by Ch~ City of Du-
buque; and
WHEREAS, Sfikas' are interested in
acquisition ot this City owned property
identified as Lot 2 of Block 7 in "Du-
buque Downtown plaza"; and
WHEREAS. Lot 2 of Block 7 is half
of a vacated alley adjacent to property
owned by the Sfikas; and
WHEREAS, all other portions of the
alley between 4th Street and 5th Street
have been merged into adjoining proper-
ties; and
WHEREAS, in the subdivision and
the vacation of the alley the City
467
is described as "Easement
L" for the installation and future mmn-
tenance and repair, if any, of the sanitary
sewer located therein and of the water
mains located therein in the City of
Dubuque, Iowa; and
WHEREAS, the sanitary sewer in
Easement L still exists and the City of
Dubuque desires to retain it and would
retain it under the proposed sale; and
WHEREAS, the proposed sa]es price
of the property representing 771.14
square feet is $771.14 plus recording and
publication fees.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot
2 of Block 7 in "Dubuque Downtown
Plaza" in the City of Dubuque, Iowa for
$771.14 plus cost of publication and
recording fees.
Section 2. That the exls~g "Easement
L" shall remain in effect and the City fur-
thor reserves unto itself, on the dispos-
ed property, a perpetual easement in-
cluding the right of ingress and egress
thereto for the purpose of erecting, in-
stalilng, constructing, reconstructing,
repairing, owning, operating and main-
taining water and sewer lines as may be
authorized by the City of Dubuque, Iowa.
Section 3. That the City Clerk be and
is hereby authorized and directed to
cause a notice to be publlshed as prescrib-
ed under Chapter 364.7 Disposal of Pro-
perry Code of Iowa, 1987 or as amended.
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
\TTEST:
Mary A. Davis
City Clerk
Counc~ Member Simon moved adop-
tlon of the Resolution, setting Hearing
for December 21, 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
468
Member Krleg. Carried by the following
vote: Yeas--Mayor Brady, Council Mem-
bers Daich, Khiesner, Krieg, Manning,
Simon. Nays--None. Absent--Council
Member Kranfaldt.
Communication of City Manager sub-
mitring documents provkllng for the bid-
ding process for the installation of new
toilet rooms on the first floor of City Hall,
presented and read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Krieg. Car-
tied by the following vote: Yeas--Mayar
Brady, Council Members Daich, Klues-
nar, Krieg, Manning, Simon. Nays--
None. Abeent--Canncil Member Kran-
faidt.
RESOLUTION NO. 385-87
pRELIMINARY AppROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
cOUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specificatlens,
form of contract and estimated cost for
the New Toilet Rooms, First Floor, City
Hall, Dubuque, Iowa, in the estimated
amoUnt of $50,000.00, are hereby approv-
ed and orderd flied in the office of the
City Clerk for public inspactinn-
passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
CoUncil Members Deich, Khiesner, Krleg,
Manning, Simon. Nays--None. Absent--
Council Member Kronfeldt.
RESOLUTION NO. 336-87
FIXING DATE OF HEARING ON
pLANS AND SPECIFICATIONS
Regular Session, December 7, 1987
the City Council of the City
of Dubuque, Iowa, has given its pre-
ilmlnary approval on the proposed plans,
specifications, and form of contract and
placed same on file in the of?ce of~ t?e
City Clerk for public mspectlan ot the
New Toilet Rooms, First Floor, City Hall,
Dubuque, Iowa.
NOW, THEItEFORE, BE IT RE-
SOLVED that on the 18th day of
January, 1988, a public hearing will be
held at 7:30 p.m. in the Public Library
Auditorium at which time interested per-
sons may appear and be heard for or
against the proposed plans and specifica-
tions, form of contract and cost of said
improvement, and the City Clerk be and
is hereby directed to cause a notice of
time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall not be less than four
days nor more than twenty days prior to
the day fixed for its consideration. At the
hearing, any interested person may ap-
pear and file objections to the proposed
plans, specifications, contract, or esti-
mated cost of the improvement.
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution, setting Hearing
for Januory 18, 1987 at 7:80 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by Council
Member Krieg. Carried by the following
, CounCil Mem-
bers Deich, Kinesner, Krieg, Manning,
Simon. Nays--None. Absant--Canncil
Member Kranfeldt.
RESOLUTION NO. 337-87
oRDERING BIDS
BE IT RESOLVED BY THE CITY
cOUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the New Toilet Rooms, First
Fhior, City Hall, Dubuque, Iowa is
Ses~lon, December 7, 1987
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 7th day of January,
1988. Bids shall be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:80 p.m. on the 18th day of January,
1988.
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. D~vis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Yduesner, Krieg,
Manning, Simon. Nays--None. Absant--
Council Member Kranfeidt.
Communicatian of City Manager
submitting resolutions associated with
the solicitation and award of contract
for cleaning, repairing and painting
of the 750 MG elevated water storage
tank. College Station, presented and
Cotmcil Member Simon moved that the
cannnnnication be received and filed.
Seconded by Council Member Ktieg. Car-
tied by the following vote: yeas--Mayor
Brady, Council Members Deich, Kines-
ncr, Krieg, Manning, Simon. Nays--
None. Abeent--Council Member Kron-
faldt.
469
RESOLUTION NO, 33847
pRELIMINARY APPROVAL OF
pLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
CouNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifications,
· of contract and estimated cost for
the Cleaning, Repairing and painting of
the 750 MG Elevated Water Tank -- Col-
lege Station -- Dubuque, Iowa, in the
estimated amount of $358,000.00 or
;395.000.00 are hereby approved and
ordered filed in the office of the City Clerk
for public inspection.
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Krleg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Manning, Simon. Nays--None. Absent--
Council Member Kronfaidt.
RESOLUTION NO. 3394~7
FIXING DATE OF HEARING ON
pLANS AND SPECIFICATONS
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary apprevai on the proposed
plans, specilicatians, and form of contract
and placed same on file in the office of
the City Clerk for public inspection of the
Cleaning, Repairing and painting of the
750 MG Elevated Water Tank -- College
Station -- Dubuque, Iowa.
NOW, THEREFORE, BE IT
SOLVED that on the 18th day of
January, 1988, a public hearing will be
held at 7:30 p.m. in the Public Library
Auditorium at which time interested per-
sons may appear and be heard for or
against the proposed plans and speCilica-
tions, form of contract and cost of said
improvement, and the City Clerk be and
470 Regular Session,
is hereby directed to cause a Kotice of
time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall not be less than four
days nor more than twenty days prior to
the day fixed for its consideration. At the
hearing, any interested person may ap-
pear and file objections to the proposed
plans, specifications, contract, or esti-
mated cost of the improvement.
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Krleg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Manning, Simon. Nays--None. Absent--
Council Member Kronfeldt.
RESOLUTION NO. 340~7
ORDERING RIDS
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Cleaning, Repairing and
painting of the 750 MG Elevated Water
qhnk -- College Station -- Dubuque,
Iowa 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
hcre~:ofor~ 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 7th day of January,
December 7, 1987
1988. Bids shall be opened and read by
the City Clerk at said time and will be
submitted to the Council for final action
at 7:30 p.m. onthe 18th day of January,
1988.
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resofutian. Seconded by
Cbuncil Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Ktieg,
Manning, Simon. Nays--Nane. Absent--
Council Member Kronfeldt.
Communication of City Manager
recommending approval of a Dubuque
Racing Association's requesting for four
ecte (new collection booths and im-
provements to entrances; central air con-
ditioning of five kennel buildings;
employees parking lot entrance paving
md reconstruction of Winner's Circle
Lounge to "Pub" or "Saloon" motif) with
total amount not to exceed $134,710,
presented and read.
Council Member Simon moved that the
be received and filed and
approved request of the D.R.A. Second-
ed by Council Member Daich. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deicb, Kluesner, Ktieg,
Manning, SLmo~ Nays--None. Absent--
Council Member Kronfeldt.
planning and Zoning Chairperson,
Steve Hardie, to address the Council oxid
submit the final report of the 4th Street
peninsula Committee and discuss the
planning and Zoning Commission's time
~able for the rezoning of the m'ea,
Steve Hardie spoke to the report.
Council Member Simon movad that the
report be received and filed. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Manning, Simon. Nays--None. Absent--
Council Member Kronfeldt.
Regular Sessior December 7, 1987
Communication of Malo Sand and
Gravel Ca requesting Council to re[er the
4th Street Report to the City Engineer
and further that this report be reviewed
by the City Attorney, presented and
read.
Mr. Robert Molo spoke to his concerns
contained with the final report. Council
Member Simon moved that the com-
mtmicatlon ha received and filed. Second-
ed by Council Member Kluesner. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Deich, Khies-
net, Krieg, Manning, Simon. Nays--
None. Absent--Council Member Kran-
feldt.
Communication of City Manager re-
questing the adoption of resolutions
associated with the issuance of a Depar~
ment of Army permit for the lllllng of the
28 acre site on the west side of Kerper
Blvd. between 19th St. and Fengler Ave.,
presented and read.
Council Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Daich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Canncil Member
Kronfeldt.
RESOLUTION NO. 3414~7
RESOLUTION APPROVING AN
AGREEMENT WITH THE U.S.
ARMY CORP OF ENGINEERS
FOR A 404 PERMIT FOR FILLING
28 ACRE SITE ON WESTSIDE OF
KERPER BOULEVARD BETWEEN
19TH STREET AND FENGLER
STREET
WHEREAS, the City of Dubuque,
Iowa and FDL Foods, Inc. own approx-
imately 28 acres of land west of Kerper
Boulevard north of 19th Street Exten-
sion and s~uth of Fengler Street in the
City of Dubuque, Iowa; and
WHEREAS, this land is now classilled
as wetlands and the City of Dubuque,
Iowa and FDL Foods, Inc. have submit-
ted an appilcatinn for a Department of
Army permit with the U.S. Army Corp
of Engineers, Rock Island District dated
April 28, 1986 for filling of this area; and
471
WHEREAS, the Iowa Department of
Transportation will be using this 28 acre
dte as a fill site for material to be used
on the Relocated 61 project; and
WHEREAS, on the completion of the
Relocated 61 project the City of Dubuque
and FDL Foods, Inc. are desirous in fill-
big the site and developing it for in-
dustcial development purpose; and
WHEREAS, as part of the granting of
the permit by the U.S. Army Corp of
Engineers a mitigation plan must be ap-
)roved by the City Council and an agree-
ment on this plan between the Iowa
Department of Natural Resources and
the City of Dubuque on future use of the
mitigated property; and
WHEREAS, as a condition of the is-
suance of the 404 permit by the U.S.
Corp of Engineers written evidence must
be submitted to document the commit-
ment by the City of Dubuque for develoI~
hig the acreage on Chaplain Schmitt
Memorial Island as a wetland mitigation
~rea and this mitigation to be completed
within three years after the issuance of
the 404 permit.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section 1. That the City of Dubuque
agrees with the conditions outlined in the
Department of Army Permit identified
as CE NCR-OD-S-070-0X6-1-143040
transmitted to the City of Dubuque in a
letter dated Nevember 19, 1987 from Nail
A. Smart. Colonel, U.S. Army District
Engineer
Section 2. That the City of Dubuque
agrees with the mitigation pinns stip-
ulated in a letter dated October 19, 1987
from the Department of Natural Re-
sources to the U.S. Army Corp of
Engineers and considered a part hereof.
Section 3. That thc Mayor is hereby
authorized and directed to execute in ti~e
name of the City of Dubuque the Depart-
ment of Army permit identified as per-
mit number CENCR-OD-S-070-0X6-1'
143040.
Passed, approved and adopted this 7th
day .of December, 1987.
472
James E. Brady
Mayor
ATTEST.
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Manning, Sinmn. Nays--None.
Absent--Council Member Kronfeldt.
Regular Sessio~ December 7, 1987
of Engineers is predicated on a written
agreement between the City of Dubuque,
Iowa, FDL Foods, Inc. and the Iowa
Department of Natural Resources in ac-
cordance with a letter dated October 19,
1987 from the Iowa Department of
Natural Resources to the U.S. Army
Corp of Engineers. (Considered a part
hereof)
RESOLUTION NO. 342-87
RESOLUTION APPROVING A
MITIGATION PLAN ON
CHAPLAIN SCHMITT MEMORIAL
ISLAND BETWEEN THE IOWA
DEPARTMENT OF NATURAL
RESOURCES AND THE CITY OF
DUBUQUE, IOWA
WHEREAS, the City of Dubuque,
Iowa and FDL Foods, Inc. own approx-
imately 28 acres of land on the west side
of Kerper Boulevard north of 19th Street
and south of Fengier Street in the City
of Dubuque, Iowa; and
WHEREAS, this land is now classi-
fied as wetlands and the City of Du-
buque, Iowa and FDL Foods; Inc. have
submitted an application to the U.S.
Army Corp of Engineers. Reck Island
District dated April 28, 1986 for filling
of this area; and
WHEREAS, Iowa Department of
ClYanspor ration will be using site dm'lng
construction of Relocated 61 for storage
of dredge fill: and
WHEREAS, the City of Dubuque and
FDL Foods, Ina are desirous on comple-
tion of Relocated 61 project of filling and
using area for industrial development
purposes; and
WHEREAS, the City of Dubuque,
Iowa and FDL Foods, Inc. have devel-
oped an acceptable mitigation plan for
development of wetlands on Chaplain
Schmitt Memorial Island and contrib-
ution of $24,000 by FDL Foods, Inc. to
IDNR for an off-site wildlife improve-
ment; and
WHEREAS, specific conditions for
the issuance of a permit by the U.S. Corp
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
makes a commitment to develop, main-
rain, operate the wetland mitigation area
on Chaplain Schmitt Memorial Island as
shown on Department of Army Permit
No. CENCR-OD-S-070-0X6-1-143-040.
Section 2. That the City commits itself
to the completion of the wetland niltiga-
tion plan on Chaplain Schmitt Memorial
Island three years after issuance of the
Department of Army 404 permit.
Section 3. That the City shall dedicate
the area on Chaplain Schmitt Memorial
Island as shown on the maps attached
to the permit as a mitigation and fish
and wildlife habitat area with restric-
tions that will preclude future habitat
alteration in the dedicated area.
Section 4. That the City of Dubuque
agrees and an escrow account shall be set
up by FDL Foods, Inc. and the Iowa
Department of Natural Resources in the
amount of $24,000.00 to facilities off-site
mitigatinn (wetland developxnent) at a
site to be selected and improved by the
Iowa Department of Natural Resources.
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTEST.
Mary A~ Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Klnesner,
Krleg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
Regular Sessior
Conununication of City Manager sub-
mitting an Ordinance providing that
Lincoln Ave. between Windsor and
Roosevelt be designated as a "Through
Street'; presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dalch,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
ORDINANCE NO, 71-87
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ADD-
ING LINCOLN AVE. FROM WIND-
SOR AVE. TO ROOSEVELT STREET
TO SUBSECTION (b) OF SECTION
25-209 THEREOF PROVIDING FOR
THE DESIGNATION OF LINCOLN
AVENUE FROM WINDSOR AVE-
NUE TO ROOSEVELT STREET AS A
"THROUGH STREET", presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 71-87
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ADDING LINCOLN AVENUE, FROM
WINDSOR AVENUE TO ROOSE-
VELT STREET TO SUBSECTION (b)
OF SECTION 25-209 THEREOF PRO-
VIDING FOR THE DESIGNATION
OF LINCOLN AVENUE, FROM
WINDSOR AVENUE TO ROOSE-
VELT STREET AS A THItOUGH
STREET.
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 adding Lincaln Avenue. from
Windsor Avenue to Roosevelt Street to
Subsection (b) of Section 25-209 thereof
as follows:
"Sec. 25-209. Through Streets
(b)
December 7, 1987 473
Lincoln Avenue, from Windsor Avenue
to Roosevelt Street.
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTEST.
Mary A. Davis
City Clerk
Published offialally in the Telegraph
Herald newspaper this 14th day of
December, 1987.
Mary A. Davis
City Clerk
It 12/14
Council Member Deich 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 Mem-
ber Simon. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Klnesner, Krleg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
Communication of Council Member
Krieg requesting Council consider reduc-
ing the number of members representing
the City on DMATS, AND Communica-
tion of Mayor Brady regarding clarifica-
tion of misunderstanding of DMATS
quorum, presented and read.
Council Member Simon moved that
this matter be ;able& Seconded 53'
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Kluesner,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfcidt.
Communication of Council Member
Krieg requesting discussion of the
meeting rules regarding recorded votes
at Council Meetings, presented and read.
Council Member Krieg moved that the
communication be ~ceived and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Conncil Members Dalch,
Kluesner, Krieg, Manning, Simon.
474 Regular Session December 7, 1987
Nays--Nong Absent--Council Member
Kronfaldt.
Communication of Council Member
Krieg submitting her resignation from
the Operation: New View Board, pre-
sented and read.
Council Member Krieg moved that the
communication be received and filed and
accepted with regret. Seconded by Coun-
cfi Member Manning. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
TRANSFER REQUESTED: The
Brewing Co. from 951 Main St. to First
Floor CyCare Building, Town Clock
Plaza on December 11th, presented and
Council Member Deich moved that the
transfer be approved. Seconded by Coun-
cil Member Krieg. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich. Kluesner. Krieg, Man-
nlng, Simon. Nays--Nong Absent--
Council Member Kronfeldt.
RESOLUTION NO. 343-87
BE IT RESOLVED by the City Coma-
cil 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 permit to sail Cigaret-
tes and Cigarette Papers within said
Cit~
Walgreens 555 J.F.K.
erin P. Johnson Bottom's Up
1601 Central Ave.
Iowa Oil Co. IOCO Speede Shoppe
2335 University Ave.
Iowa Oil Co. IOCO Speede Shoppe
1998 Jackson St.
Iowa Oil Cc~ IOCO Speede Shoppe
3200 Central Ave.
Iowa Oil Cb IOCO Speede Shoppe
3250 Dodge St.
Iowa Oil Co. IOCO Speede Shoppe
1481 Dodge St~
Iowa Oil Co. IOCO Speede Shoppe
1387 Dodge St.
Passed, approved and adopted this 7th
day of December 1987.
James E. Brady
Mayor
ATTESt.
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
RESOLUTION NO. 344-87
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council Ior approval and the same
have been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such apphcante were inspected
and found to comply with the Ordi-
nances of this City and have filed pro-
per 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
United Auto Workers, Local #94
3450 Central Ave.
(Also Sunday Sales)
Passed, approved and adopted this 7th
day of December 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Dalch moved adop-
tion of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner,
Regular Session,
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
RESOLUTION NO. 345~87
WHEREAS, Applications 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 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 applicant(s) a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
New French Cafe, Inc. 255 West Sixth
(Also Sunday Sales)
Billy Bucks, Inc.
(William-Shirley Meyer) 521 East 22nd
(Also Sunday Sales)
Angelina Bertolini
Marie's Restaurant 1298 Main St.
(Also Sunday Sales)
Benevolent & Protective Order
of Elks #297 2699 J.F.K.
(Also Sunday Sales)
Passed, approved and adopted this 7th
day of Decembm; 1987.
Jame E. Brady
Mayor
A~rTES~
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Klueaner.
Krieg, Manning, Simon. Nays--None.
Absent--Council Member Kronfeldt.
MINUTES SUBMITTED: Airport
Commission of 11-10; Cable TV Regn-
December 7, 1987 475
latory Commission of 11-18; Dock Com-
mission of 11-3; Electrical Examining
Board of 11-10; 4th Street Peninsula
Committee of 11-18; Five Flags Commis-
sion of 11-9; Housing Commission of
11-17; Housing Code of Appeals Bd. of
10-29; Human Rights Commission of
11-9; Planning and Zoning Commission
of 11-4; Police Retirement Board Meeting
of 11-13; Public Library of 11-17; Zoning
Bd. of Adjustment of 10-22 & 11-3,
presented and read.
Council Member Kluesner moved that
the minutes be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Dcich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
REFUNDS REQUESTED: Big River
Boat Co. in amount of $422.50 for unex-
pired Liquor License, present and read.
Council Member Kluesner moved that
the refunds be approved and Finance
Director to issue the proper check.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg. Manning, Simon.
Nays--None. Absent--Council Member
Kronfaldt.
NOTICES OF CLAIMS AND
SUITS: Attorney for estate of Samuel V.
Hicks requesting Court to discharge the
administrator and to approve all actions
of said Administrator and to approve the
closing of the estate without payment of
debts, expenses or administration and
making no distribution; Willian~ and
Mildred Bendorf vs City of Dubuque
(third party) et al in total amount of
$50,000 for personal injuries (two
claims); Erin Steckleln in amount of $15
for personal property losses; Gene
Wiederholt in amount of $136.34 for car
damages; In the matter of condemnation
of certain rights in land by Iowa DOT
for the improvement of Primary Road
U.S. 61 for various properties; Notice of
dismissal of condemnation; Notice of ap-
praisement of danmge and time for ap-
peal for Parcel ~302, presented and read,
Cotmcil Member Kluesner moved that
the claims and suits be referred to the
476 Regular Session, December 7, 1987
Legal Staff for investigation and report.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
proof of publication, certified to by the
Publlshe~; on List of Claims paid for
month of October, 1987; City Manager
submitting Financial Reports for the
month of October, 1987, presented and
read.
Council Member Kluesner moved that
the proof of publication and report be
received and filed. Seconded by Council
Member Deich. Carried by the following
vote: Yeas--Mayor Brady, Council Mem-
bers Deich, Kluesner, Krieg, Manning,
Simon. Nays--None. Absent--Council
Member Kronfaldt.
Corporation Counsel advising of
voluntary dismissal of lawsuit filed by
Dubuque Yacht Basin vs. City of Du-
buque, presented and read.
Council Member Kluesner moved that
the communication be received and fil-
ed. Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
Corporation Counsel submitting
voluntary settlement of a Tax Appeal fil-
ed by Arjen D. Chamberlain, presented
and read.
Council Member Kluesner moved that
the communication be received and fil-
ed, Seconded by Council Member Daich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
proof o~ publication, certified to by the
Publisher, on Notlce of Finding of No
Significant Effect on the Environment
for various Community Development
Projects. presented and read.
Council Member Kluesner moved that
the proof of publication be received and
filed. Seconded by Council Member
Deich. Carried by the fo]lowing vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Manning, Sin~on.
Nays--None. Absent--Council Member
Kronfaldt.
Communication of City Manager re-
questing approvai of Resolution author-
izing a request of C.D. Funds for certain
Iprojecte, presented and read.
! Council Member Kiuesner moved that
the communication be received and fil-
ed. Seconded by Council Member Dalch.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfaldt.
RESOLUTION NO. 346-87
A RESOLUTION AUTHORIZING
SUBMISSION OF A REQUEST
FOR A RELEASE OF FUNDS FOR
CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECTS.
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
23, 1976 which completed an Environ-
mental Assessment of the following pro-
ects to be funded in the Community
Development Block Grant:
Residential Rehabilitation Loan
Program;
Operation paintbrush (free exterior
paint);
Tool Lending Library sponsored by
Washington Tool Library, Inc., a non-
profit corporation;
Property Acquisition/Relocation/
Demolition Projects; and
WHEREAS, pursuant to Resolution
No. 240~76 adopted July 6, 1976, Public
Notice of a "Finding of No Significant
Effect on the Envlroment" for the above
projects was published July 7, 1976 in
the Dubuque Telegraph Herald, and pro-
vided for a public comment period until
12:00 Noon on Friday, July 30, 1976, and
notice of opportunity to review the pro-
jects was published on November 17,
Regular Session, December 7, 1987
1987 in the Dubuque Telegraph Herald
and provided for public comment period
until 12:00 noon, December 4, 1987; and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
12, 1978 which completed an Environ-
mental Assessment of the following pro-
ject to be funded in the Community
Development Block Grant:
Code Enforcement; and
WHEREAS, pursuant to Resolution
No. 210-78 adopted June 19, 1978,
Public Notice of a "Finding of No
Significant Effect on the Environment"
for the project above was published June
20, 1978, in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 noon, Friday
July 7, 1978, and notice of opportunity
to review the project was published on
November 17, 1987 in the Telegraph
Herald and provided for a public com-
ment period until 12:00 noon, December
4, 1987; and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
15, 1982 which completed an Environ-
mental Assessment of the following pro-
ject to be funded in the Community
Development ~Block Grant:
Commercial/Industrial Loan Partici-
pation; and
WHEREAS, pursuant to Resolution
No. 169-82 adopted June 21, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environment"
for the project above was published June
21, 1982, in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 noon, Friday,
July 9, 1982, and notice of opportunity
to review the project was published on
November 17, 1987 in the Dubuque
Telegraph Herald and provided for a
public comment period until 12:00 noon,
December 4, 1987, and
WHEREAS, the City of Dubuque
convened an ad hoc committee on July
30, 1982 which completed an Environ-
mentel Assessment of the following pro-
ject to be funded in the Community
Development Block Grant;
477
Economic Development Activities;
and
WHEREAS, pursuant to Resolution
No. 203-82 adopted August 2, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environment"
for the project above was published
August 4, 1982, in the Dubuque Tele-
graph Herald and provided for a public
comment period until 12:00 noon, Friday,
August 20, 1982 and notice of opportun-
Ry to review the project was published
on November 17, 1987 in the Dubuque
Telegraph Herald and provided for a
public comment period until 12:00 noon,
December 4, 1987; and
WHEREAS, Public Notice of a "Find-
ing of No Significant Effect on the En-
vironment'' for the projects was sent by
regular mail to various federai, state and
local public agencies and to the local
news media, individuals and groups
known to be interested and believed to
be appropiate to receive such a Public
Notice; and
WHEREAS, any and all objections, if
any, to such proposals have been duly
:onsidered; and
WHEREAS, it is the intent of the
City 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 each of the projects
shall continue to remain on file in the
Office of the City Clerk where said record
may be examined and copied by any in-
terested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
ment seven (7) days after publication of
appropriate notice 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
478
sible federal official under the National
Environmanta! Protection Act, insofar
as the provisions of the said Act apply
to the U.S. Department of Housing and
Urban 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 ff an action is brought to enf2rce
responsibilities in ralatlan to enwron-
mental reviews, decision-making and
action.
Section 5. That the Mayor of the City
of Dubuque be and he is hemby authoriz-
ed and directed to execute acer tificai~on
pertaining to the Environmental Re-
Section 6. That the City Clerk be and
sbe is hereby authorized and directed to
publish a public notice for a Request for
Release of Funds and Certification at-
tached hereto and made a part hereof.
Passed. approved and adopted tins 7th
day of December, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kinesner,
Krleg, Manning, Simon. Nays--None.
Absant--Council Member Kronfeldt.
Co Unlcation of Flaninng n Zon:
lng Commission approving fina~ pmr or
Sub. of Lot 7, Block 2 of "Wolff Place in
Northrange Industrial Park, presented
Session, December 7, 1987
~ineaner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
RESOLUTION NO. 347-87
A APPROVING
THE FINAL PLAT OF THE SUB-
DIVISION OF LOT 7, BLOCK 2 OF
"WOLFF pLACE IN NORTH-
RANGE INDUSTRIAL PARK" IN
THE CITY OF DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of the Subdivi-
sion of Lot 7, Block 2 of "Wolff Place in
e Industrial park" in the City
Iowa; and
wHEREAS, said final plat has been
exanfined by the City Planning and Zon-
ing Commission and had its approval eh-
· thereon; and
WHEREAS, said final plat has been
examined by the City Council, and the
City Council finds that the same con-
forms to the statutes and ordinances
relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of the
Subdivision of Lot 7, Block 2 of "Wolff
place in Northrange Industrial park" in
the City of Dubuque, Iowa be and the
same is hereby approved, and the Mayor
and City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said final
plat.
Passed, approved and adopted tiffs 7th
day of December, 1987.
James E. Brady
Mayor
ATTESq~
Mary A, Davis
City Clerk
Council Member Kluesner moved
and read. adoption of the Resolution. Seconded by
Council Member Klueanar. moved ,th(~. Council Member Deich. Carried by the
the communication be rece~veu ann n - following vote: Yeas--Mayor Brady,
ecl. Seconded by Council Member Delch. Council Members Daich, Kinesner,
Carried by the following vote: Yeas-- Krieg, Manning, Simon. Nays--None.
Mayor Brady, Council Members Deich, Absent--Council Member Kronfeldt.
Regular Session,
Communication of IA DOT Commis-
sion advising of the authorization of
$150,000 in State Aid for relocation and
expansion of ticket counter, baggage
areas, car rentals and information booths
and development of a hold room area at
the Dubuque Municipal Airport, pre-
sented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kinesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
Communication of City Manager
recommending acceptance of the con-
struction contract for the Fire Depart-
merit Drill area north of Hawthorne
Street, presented and read.
Council Member Kluesner moved that
the communication be received and fil-
ed. Seconded by Council Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Daich,
Kinesner, Krleg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
RESOLUTION NO. 348-87
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Fire
Department Drill Area has been com-
pleted and the City Manager has ex-
amined the work and filed his certificate
stating that the same has been com-
pleted according to the terms of the con-
tract, plans and specifications and
recommends its acceptancg
NOW, THEREFORE, BE IT
SOLVED by the City Council of the City
of Dubuque, Iowa, that ti~e recommen-
dation of the City Manager be approv-
ed and that said improvement be and the
same is hereby accepted,
BE IT FURTHER RESOLVED that
the City T~easurer be and he is hereby
directed to pay to the contractor from
the Revenue Sharing Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein,
December 7, 1987 479
Passed, approved and adopted this 7th
day of December, 1987.
James E. Brady
Mayor
ATTESt.
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Kinesner,
Krieg, Manning, Simon. Nays--None.
Member Kronfaldt.
RESOLUTION NO. 349-87
FINAL ESTIMATE
WHEREAS, the contract for the Fire
Department Drill Ama has been com-
pleted and the City Engineer has sub-
mitred his final estimate showing the
cost thereof including the cost of
estimates, notices and inspection and ali
mieceilaneous cost;
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA;
Section 1. That the cost of said in-
provement is hereby determined to be
$36,125.79 and that said amount shall
be paid fi, om the Revenue Sharing Fund
of the City of Dubuque, Iowa.
Passed, approved and adopted tiffs 7th
day of December, 1987.
James E. Brady
Mayor
ATTESt.
Mary A. Davis
City Clerk
Council member Kinesner moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Kinesner,
Krleg, Manning, Simon. Nays--None.
Absent--Council Member Kronfaldt.
Corporation Counsel recommending
denial of car damage claim of Vincent
Connor; Recommending denial of car
damage claim of Steven J. Plein; Recom-
480 Regular Session,
mending denial of Sewer back-up claim
of Francis and Margaret Conlon; Recom-
mending closure of car damage claim of
Edmund Cabal; Recommending closure
of slip and fall claim of Eunice Gabriel,
presented and read.
Council Member Klueaner moved that
the communications be received and fil-
ed and recommendations approved.
Seconded by Counail Member Deich.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Manning, Simon.
Nays--None. Absent--Council Member
Kronfeldt.
Tbere being no further business, Coun-
cil Member Manning moved to adjourn
the meeting. Seconded by Council
Member Deich. Carried by the following
vote: Yeas--Mayor Brady, Council Mem-
bers Deich, Kinesner, Krieg, Manning,
Simon. Nays--None. Absent--Council
Member Kronfaldt.
Meeting adjourned at 9:14 p.m.
Mary A. Davis
City Clerk
Approved_ ~1988
Adopted _ ~ 1988
Mayor
Council Members
ATTES~
City Clerk
December 7, 1987
Regular Session, December 21, 1987 481
CITY COUNCIL
OFFICIAL
Regular Session, December 21, 1987
Council Met at 7:30 P.M. in the Pablic
Library Auditorium.
Present: Mayor Brady, Council Mem-
bers Kinesner, Krieg, Kronfaldt, Man-
ning, Simon, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
LindahL
Absent--Council Member Daich.
Mayor Brady read the call and s~ated
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.
INVOCATION was given by Dr. Egon
Gerdes, Professor of Theology and
Ministry at the University of Dubuque
Theological Seminary.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider rezoning property at 100 E.
4th St, adjacent to the Chicago Central
Railroad Tracks from HI to CR District,
presented and read.
There were no written objections
received and no oral objectors present at
the time of the Hearing. Council Mem-
ber Krieg moved that the proof of pub-
lication be received and filed. Seconded
by Council Member Manning. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Klaesner, Krieg, Kron-
feldt, Manning, Simon. Nays--None.
Absent--Council Member Daich.
Council Member Simon moved to sus-
pend the rules to allow anyone to address
the Council if they so desire. Seconded
by Council Member Kinesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krleg,
Kronfcldt, Manning, Simon. Nays--
None. Absent--Council Member Delch.
Mr. Ken Hartig and Mr. Steve Hardie
both addressed the Council.
ORDINANCE NO. 78-87
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINAN-
CES, CITY OF DUBUQUE, IOWA, BE
kMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", BY RECLASS-
IFYING HEREINAFTER DESCRIB-
ED PROPERTY AT 100 EAST 4TH
STREET ADJACENT TO THE CHI-
CAGO CENTRAL RAILROAD
TRACKS FROM HI HEAVY INDUS-
TRIAL DISTRICT TO CR COMMER-
CIAL RECREATION DISTRICT, said
Ordinance having been presented and
read at the Council Meeting of December
16, 1987, presented for final action.
(OFFICIAL pUBLICATION)
ORDINANCE NO. 73-87
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINAN-
CES, CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOE ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", BY RECLASS-
IFYING HEREINAFTER DESCRIB-
ED PROPERTY AT 100 EAST 4TH
STREET ADJACENT TO THE CHI-
CAGO CENTRAL RAILROAD
TRACKS FROM HI HEAVY INDUS-
TRIAL DISTRICT TO CR COMMER-
CIAL RECREATION DISTRICT.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the Code of Ordina;~ce~
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". to reclassify hereinafter describ-
ed property from "HI Heavy Industrial
District" classification to "CR Commer-
cial Recreation District" classification,
to wit:
Lot 4 of Adams Company 1st
Addition except the easterly
329.10 feet thereof, and to the
center line of the adjoining right-
of-way, all in the City of Dubuque,
Iowa.
482 Regular Session, December 21, 1987
Section 2. That the foregoing amend-
ment has heretofore been reviewed by the
Planning and Zoning Commission of the
City of Dubuque, Iowa.
Passed, approved and adopted this
21st day of December, 1987.
James E. Brady
Mayor
ATTESt.
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
December, 1987.
Mary A. Davis
City Clerk
it 12/29
Council Member Krieg moved final
adoption of the Ordinance. Seconded by
Council Member Manning. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Kluesner, Kring,
Kronfeldt, Manning, Simon. Nays--
None. Absent--Council Member Deich,
proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider disposal of City's interest in
Lot 2 of Block 7 in "Dubuque Downtown
Plaza", presented and read. There were
no written objections received and no
oral objectors present at the time of the
Hearing.
Comxcil Member Kinesner moved that
the proof of publication be received and
filed. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Khiesner, Krieg, Kronfeldt. Manning.
Simon. Nays--None. Absent--Council
Member Deich,
RESOLUTION NO. 350-87
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published inthe Telegraph
Herald, a newspaper of general circula-
tion, published in the City of Dubuque,
Iowa on the 11th day of December, 1987,
at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust Streets
Dubuque, Dubuque County, Iowa to con-
sider the proposal of the sale of real
estate described as
Lot 2 of Block 7 in "Dubuque Down-
town Plaza" all in the City of Dubuque,
Iowa
to Pete S. and Bessie Sfikas; and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objectinns, oral or written to the
)roposal to dispose of interest in the City
of Dubuque, Iowa in the hereinabove
described real estate to Pete S. and
Bessie Sfikas.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of interest
of the City of Dubuque, Dubuque Coun-
t3~ Iowain the property identified as Lot
2 of Block 7 in "Dubuque Downtown
qaza" all in the City of Dubuque, Iowa
to Pete S. and Bessie Slikas be and the
~ame is hereby approved for the sum of
$771.14 plus cost of publication and
recording costs; and that conveyance
shall be by Quit Claim Deed.
Section 2. That the City of Dubuque
reserves unto itself an existing utility
easement identified as Easement "L" on
the disposed property, a perpetual ease-
ment including the right of ingress and
egress thereto for the purpose of erec-
ting, installing, constructing, reconstruc-
ting, repairing, owning, operating and
maintaining water and sewer lines as
may be authorized by the City of Du-
buque, Iowa.
Section 3. That the City Clerk be and
is hereby directed and authorized to
deliver deed of conveyance conveying the
above described real estate to the above-
named party upon receipt of the pur-
chase price in full.
Section 4. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this Resolution
in the offices of the City Assessor, Du-
buque County Recorder and Dubuque
County Treasure~:
Passed, approved and adopted this
21st day of December; 1987.
James E. Brady
Mayor
Regular S '
ATTESq~
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resalutlon. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Khiesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None. Absent--Council Member Deich.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider expansion of the current
West llth Street Historic Preservation
District, presented and read. There were
no written objections received and no
oral objectors p~sent at the time of the
Hearing.
Council Member Manning moved that
the proof of publication be received and
filed. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None. Absent--Council
Member Deich~
Communication of State Historical
Society of Iowa supporting expansion of
the district, presented and read.
Council Member Kronfaldt moved
that the communication be received and
filed. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None. Absent--Council
Member Deich.
ORDINANCE NO. 74-87
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY EX-
TENDING THE BOUNDARIES OF
THE WEST llTH STREET HIS-
TORIC DISTRICT IN SECTION
19V2-6.5 THEREOF, said Ordinance hav-
ing been p~sented and read at the Coun-
cil Meeting of October 19, 1987, pre-
sentod for final action.
~OFFICIAL PUBLICATION)
ORDINANCE NO. 74-87
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
)ecember 21, 1987 483
CITY OF DUBUQUE, IOWA, BY EX-
TENDING THE BOUNDARIES OF
THE WEST 11TH STREET HIS-
TORIC DISTRICT IN SECTION
19V2-6.5 THEREOF
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 an addition to Section
19V~-6.5 to read as follows:
"(a) Designated. The properties
hereinafter described are hereby desig-
nated as historic preservation district,
according to the provisions of this
chapter, to wit:
All of Lots 6 through 12 of Cummin's
Subdivision, inclusive; all of Lots 8
through 15 of Bissell's Dubuque, in-
clusive; and the E. 150' of Lot 5 of City
Lot 740.
Passed, approved and adopted this
21st day of December, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald this 29th Day of December, 1987.
Mary A. Davis
City Clerk
It 12/29
Council Member Kronfaldt moved
final adoption of the Ordinance. Second-
ed by Council Member Manning. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Kinesner,
Krieg, Kronfeldt, Manning, Simon.
Nays--None. Absent--Council Member
Deich.
Communication of Planning and Zon-
ing Commission approving an amend-
ment to the Zoning Ordinance regarding
property owner notification and setting
of Public Hearing, presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesne~: Carried by the inlinwing vote:
· 484
Regular Session,__~December 21, 1987
Yeas--Mayor Brady, Council Members
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None. Absent--Council
Member Deich.
An ORDINANCE Amending Zoning
Ordinance and Zoning Map by repealing
Section 5-3.4B, 5-3.5B and 6-2.1 and
enacting a new Section 5:3.4B, 5-3.5B
and 6-2.1 in lieu thereof, by clarifying
and setting of public hearings for the
Zoning Board of Adjustment and clari-
fying the notification procedure of ad-
joining property owners for applications
for conditional uses, variances and zon-
ing reclassifications, 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 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 18th day of January, 1988 at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk pubilsh notice
in the manner prescribed by law. Second-
ed by Council Members Kluesner. Car-
ried by the failowing vote: Yeas--Mayor
Brady, Council Members Kluesne~
Krieg, Kronfeldt, Manning, Simon.
Nays--None. Absent--Council Member
Deich.
Cogununication of Planning and Zon-
ing Commission approving amendment
to Zoning Ordinance to allow mini-
warehousing as a conditional use in the
C-2 District, presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Krleg, Kronfeldt, Manning,
Simon. Nays--Non~ Absent--Council
Member Daich.
An ORDINANCE Amending Zoning
Ordinance and Zoning Map by defining
mini-warehousing in Section 8 and enac-
ting a new Section 3-3.2A of the C-2
Neighborhood Shopping Center District
to allow mini~warehousing as a condi-
tional use with certain provisions,
presented and read.
Council Member Simon moved that
this be considered the first reading of the
Ordinance, and that the reqnirement
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 18th day of January, 1988, at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk publish notice
n tbe manner prescribed by law. Second-
ed by Council Member Manning. Vote on
the motion was as foliows: Yeas--Council
Members Kronfeldt, Manning, Simon.
Nays--Mayor Brady, Council Members
Krordaldt, Manning, Simon. Absent--
Council Member Deich. MOTION FAIL-
ED. Council Member Kluesner moved
that this be considered the first reading
only of the Ordinancg Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg,
Kronfaldt, Manning, Simon. Nays--
None. Absent--Council Member Deich.
Petition of Thermolyne Corporation re
questing a one-year extension to January
13, 1989 within which to commence im-
)rovement of their property located on
Kerper Blvd. AND Communication of
City Manager submitting Resolution
which tentatively approves the request
subject to a Public Hearing on the mat-
ter, presented and read.
Coundl Member Simon moved that
the petition and communication be
received and filed. Seconded by Council
Member Krieg. Carried by the following
vote: Yeas--Mayor Brady, Council Mem-
bers Kluesnet; Krieg, Kronfeldt, Man-
ning, Simon. Nays--None. Absent--
Council Member Deich.
RESOLUTION NO. 351-87
RESOLUTION GRANTING THER-
MOLYNE CORPORATION A ONE
YEAR EXTENSION FROM JAN-
UARY 13, 1988 FOR FULFILLING
CONDITIONS ON THE DEED
ISSUED THERMOLYNE CORPOR-
ATION OF JANUARY 13, 1987.
WHEREAS~ by Resolution No. 121-78
adopted April 17, 1978 the City Coun-
cil approved an option agreement with
Regular Session,
Thermolyne Corporation which agree-
ment provided for the sale of Lot I of
Block 2 in "Riverfront Subdivision No.
3" in the City of Dubuque, Iowa; and
WHEREAS, this property repre-
sented 5.27 acres and agreed upon sale
price was $5,000 per acre for a total sales
price of $28,600; and
WHEREAS, by Resolution No. 75-82
the City Council approved an amend-
ment to the original option agreement
which allowed Thermolyne Corporation
ty within one (1) year from the date of
delivery of the deed, being it understood
that such improvements may consist of
the construction of industrial facilities,
or of other facilities, including parking
facilities, necessary to support expansion
of Thermolyne Corporation's manufac-
turnig plant on adjacent property; and
WHEREAS, the Thermolyne Cor-
poratinn was issued a deed by the City
of Dubuque dated December 1, 1986 and
recorded in the office of the Recorder of
Dubuque County on January 13, 1987
which was the date of ciosing; and
WHEREAS, Thermolyne Corporation
in a letter dated December 4, 1987, (copy
attached) from Attorneys of the Ther-
molyne Corporation that Thermolyne
Corporation is requesting a one (1) year
extension to January 13, 1989 for com-
pliance with the improvements of the
property as stipulated in the proviso of
the deed issued and recorded on January
13, 1987.
NOW, THEREFORE, BE IT RE-
SOVLED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA.
Section 1. That the City Councll agrees
to the granting of a one (1) year exten-
alon to the Thermolyne Corporation for
compliance with the proviso of the deed
within one (1) year which improvements
may consist of the construction of in-
dustriai facilities, or of other facilities
including parking facilities necessary to
support expansion of Thermolyne Cor-
poration manufacturing property on ed-
j acent property.
Section 2. That the City Clerk be
authorized and directed to publish a
December 21, 1987
485
notice of public hearing for the disposi-
tion of City's interest in real property as
~rescribed by the Code of Iowa, 1987 or
as amended.
Passed, approved and adopted this
21st day of December, 1987.
James E. Brady
Mayor
ATTE Sq).
Mary A. Davis
City Clerk
Conncil Member Simon moved edop-
tion of the Resolution and set for public
hearing on January 4, 1988. Seconded
by Council Member Krieg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None. Absent--Council Member Deich.
Communication of City Manager sub-
mitring Resolutlon amending Lease
Agreement between the City and Du-
buque Yacht Basir~ In~ dated November
23, 1987 and setting the proposed
amendment for a public hearing,
presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None. Absent--Council
Member Deich.
RESOLUTION NO. 352-87
AMENDMENT TO LEASE AGREE-
MENT BETWEEN CITY OF
DUBUQUE AND DUBUQUE YACHT
BASIN, INC.
WHEREAS, the City of Dubuque and
Dubuque Yacht Basin, Inc., executed a
lease agreement on November 23, 1987
for 66,000 square feet (1.52 acres) of pro-
perty on Chaplain Schmitt Memorial
Island shown on the attached Exhibit
"A" dated July 15, 1987; and
WHEREAS, the lessee (Dubuque
Yacht Basin) is desirous of acquiring an
additional 1280 for total of 67,280 square
feet (1.544 acres) as shown on Exhibit B
dated December 4, 1987 to facilitate
486 Regular Session,
access to proposed RN. Park on land
previously leased from the City of
Dubuque; and
WHEREAS, the original lease agree-
ment provided for a base rental of $1.00
per square foot per year initially or
$6,600 and this figure will now be
amended to a base rental of $6,728 per
year and subject to the same cost of fiv-
ing adjustment which is not to exceed
a compounded rate of 5% per year for the
term of the lease.
NOW, THEREFORE, BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA.
Section L That the City of Dubuque
proposes to amend lease dated Novem-
ber 23, 1987 between the City of Du-
buque and Dubuque Yacht Basin and to
tentatively approve the attached amend-
ed lease agreement for lease'of the addi-
tional land as shown on Exhibit "B"
dated December 4, 1987.
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause a notice to be published as
pmsctibed mrder Section 364.7 Disposal
of Property -- Code of Iowa, 1987 or as
amended.
Passed, approved and adopted this
21st day of December, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution and set for public
hearing on 1-4-88. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Khiesner, Krieg, Kronfeldt,
Council Member Deich.
Communication of Corporation
Counsel Lindahl submitting a proposed
draft of Section 26-11 of the Code of Or-
dinances relating to Indecent Exposure,
presented and read.
Council Member Simon moved that
December 21, 1987
filed. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Krleg, Kronfaldt, Manning,
Simon. Nays--None. Absent--Council
Member Deich,
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 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 Mem-
ber Krieg. Vote on the motion was as
follows: Yeas--Council Member Klues-
ncr, Krieg, Kronfeldt, Manning, Simon.
Nays--Mayor Brad~ Absent--Council
Member Deich. MOTION FAILED
DUE TO LACK OF 3/4 VOTE.
Cmmcil Member Simon moved that
this be considered the first reading on-
ly of the Ordinance. Seconded by Coun-
cil Member Krieg. Carried by the follow-
ing vote: Yeas--Council Members Klues-
ncr, Krieg, Kronfeldt, Manning, Simon.
Nays--Mayor Brad~ Absent--Council
Member Deich.
Communication of Corporation Coun-
sel providing additional information con-
cerning Section 2-41(fl of the Code of Or-
dinances regarding Method of Voting,
presented and read.
Council Member Simon moved that
the communication be deferred to the
meeting of January 18, 1988. Seconded
by Council Member Krieg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg, Kron-
feldt, Manning, Simon, Nays--None,
Absent--Council Member Dcizh,
Communication of City Manager sub-
mitring Ordinance requiring veterinar-
ians send copies of official rabies vaccina-
tion certificates directly to the Health
Services Division each month, presented
and read.
Council Member Khiesner moved that
the eommuncation be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Kfues~
ncr, Kr~eg, Kronfaldt, Manning, Simon~
Regular Session, December 21, 1987 487
Nays--Council Member Kronfeldt.
Absent--Council Member Deich.
AN ORDINANCE Amending the
Code of Ordinances by enacting a new
Section 7-45{d) to provide that veterinar-
ians shag forward copies of official rabies
vaccination certificates to the Health
Services Division, presented and read.
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 Mem-
bers Simon. Vote on the motion was as
fullows: Yeas--Mayor Brady, Council
Members Kluesner, Krieg, Manning,
Simon. Nays--Council Member Kron-
feldt. Absent--Council Member Deich.
Counag Member Kluesner moved this be
considered the first reading of the Or-
dfuance~ Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kfuesner, Krieg, Manning, Simon.
Nays--Council Member Kronfaldt.
Absent--Council Member Dcich.
Communication of City Manager
recommending revision of Law Enforce-
ment Mutual Aid Agreement with City
of Asbury' presented and read.
Council Member Khiesner moved that
the communication be received and ill-
ed and approved Agreement. Seconded
by Council Member Krlcg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Kfuesner, Krieg,
Kronfcidt, Manning, Simon. Nays--
None Absent--Council Member Deich.
Communcation of City Manager sub-
mitting two resolutions authorizing and
dirocting the Mayor to execute copies of
Agrecments with the IA DOT asso-
ciated with improvement of Dodge St.
from Concord St. to Rising St., presented
and read.
Council Member Khiesner moved that
the communication be received and fil-
ed. Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Khies-
ncr, Krieg, Kronfeldt, Manning, Simon.
Nays--None. Absent--Council Member
Deich.
RESOLUTION NO. 353-87
AUTHORIZATION OF EXECUTION
OF A PRE-DESIGN PROJECT
AGREEMENT WITH THE
IOWA DEPARTMENT OF
TRANSPORTATION
WHEREAS, Iowa Department of
Transportation is requesting'the City to
execute IDOT Agreement #88-P-006
relative to U.S. 20 {Dodge Street) from
location near Concord Street to a loca-
tion near Rising Street; and
WHEREAS, this proposed project
will provide for a four-lane divided
highway beginning near Concord Street
and extending easterly to a new intersec-
tion of Dodge and Locust Street to be
:onstructed as part of the Relocated 61
~roject; and
WHEREAS, as a part of this project
a diamond exchange will be constructed
at the intersection of Gmndview Avem~e
and U.S. 20 with U.S. 20 being depress-
ed under Grandview Avenue and Fre-
mont Street in this a~ea; and
WHEREAS, the proposed project will
provide for the relocation and recon-
struction of Bryant Street north of
Curtis Street; and
WHEREAS, the proposed length of
the proposed project is 1.4 miles; and
WttEP~EAS, under Lhis ,:greement
ID(VI' will be acquiring all of the right.
of-way necessary for the project but the
City will have the responsiblity for all
utility relocation and participation in the
cost of storm sewers as proportionate to
the City's benefit; and
WHEREAS. the City will be commit-
sttictions on the completion o~ the
facility.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA.
Section 1. That the Mayor be authoriz-
ed and directed to execute this pre-
488
design project agreement identified as
IDOT Agreement #88-P-006 for con-
struction of primary road #20 as a con-
trolled access facility within the City of
Dubuque ~rom approximately Concord
Street to Rising Street.
Regular Session, December 21, 1987
City and to acquire real estate rights in
;he real estate rights needed by IDOT
for the DOT all in accordance with
Section 28E.12, Code of Iowa.
Passed, approved and adopted this
21st day of December, 1987.
James E. Brady
Mayor
ATTES~
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None. Absent--Council Member Deich.
RESOLUTION NO. 354-87
AUTHORIZATION OF EXECUTION
OF A RIGHT-OF-WAY AGREEMENT
ON DODGE STREET FOR CITY
STREET RELOCATION AND/OR
RECONSTRUCTION WITH THE
IOWA DEPARTMENT OF
TRANSPORTATION
WHEREAS, the Iowa Department of
qyanspor ration is requesting the City to
execute IDOT Agreement No. 88-1-068
relative to right-of-way acquisition for
reconstruction of U.S. 20 (Dodge Street)
beginning at Concord Street and exten-
ding easterly to approximately Rising
Street; and
WHEREAS, under this agreement
the City agreeing that IDOT shall
acquire and pay for the right-of-way
associated with the construction of this
project; and
WHEREAS, any right-of-way that
will be acquired by IDOT that eventually
will be part of the street system will be
deeded to the City for the City's owner-
ship and responsibility; and
WHEREAS, property acquired under
condemnation a single joint condemna-
tlon proceeding shall be instituted by
IDOT to acquire real estate or rights in
real estate ~nd needed by the City for the
NOW, THEREFORE BE IT RE-
SOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA.
Section 1. That the Mayor be authoriz-
ed and directed to execute IDOT Agree-
ment #88-1-068 relative to IDOT's
acquisition of right-of-way associated
with improvements of U,S. 20 from Con-
cord Street to Rising Street as part of
the reconstruction of U.S. 20 (Dodge
Street) between these City streets in the
City of Dubuque, Iowa.
Passed, approved and adopted this
21st day of December, 1987.
James E. Brady
Mayor
qTTESq~
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None. Absent--Council Member Deich,
BOARDS & COMMISSIONS: Elec-
trical Examining Board -- One 3-Year
Term which will expire 7-12-87 (qbrm of
D. Hammel). Applicants: Dauiel J. Ham-
reel and Wade Smith. Mayor Brady
voted for Hammal. Council Member
)eich was absent. Council Member
Kluesner voted for Hammel. Council
VIember Krieg voted for Hammel. Coun-
cil Member Kronfeldt voted for Hammel.
Council Member Manning voted for
Hammel. Council Member Simon vSted
for Hammel. Therefore, Daniel Hammal
was reappointed to the Electrical Ex-
amining Board for a term which will ex-
pire 7-12-90.
RESOLUTION NO. 355-87
BE IT RESOLVED by the City Coun-
cil of the City o£ Dubuque, Iowa, that the
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Dubuque,
Regular Session,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
City.
Dog House Lounge 1646 Asbury Rd.
Gene Kopp, Geno's 1641 Asbury Rd.
Wareco System of Iowa
700 Rhomberg Ave.
Dennis P. & John Dolan
Union Cigar Store 336 Main St.
Passed approved and adopted this
21st day of December 1987.
James E. Brady
Mayor
ATTESt.
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krleg,
Kronfeldt, Manning, Simon, Nays--
None. Absent--Council Member Dalch,
RESOLUTION NO. 356-87
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-
cupied by such applicants were inspected
· and found to comply with the Ordi-
nances of this City and have filed pro-
per 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 "C" BEER PERMIT
Angel Investment
Casey's General Store 2699 Rockdale
(Also Sunday Sales)
Molo Oil Co.
Big "10" Mart 9th and Central
(Also Sunday Sales)
Passed, approved and adopted this
21st day of December 1987.
James E. Brady
Mayor
)ecember 21, 1987 489
ATTESt.
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
Nona Absent--Council Member Deich.
RESOLUTION NO. 357-87
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; m~d
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
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 applicant(s) a Liquor
License.
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Design Center, Inc.
Iulien Motor Inn 200 Main St.
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Joseph F. Bleile
A & B Tavern 2600 Central Ave.
David H. Hoffman
The White House450 West Locust St.
Kachevas, Inc.
Demetris & Viking Lounge 665 Dodge
(Also Sunday Sales)
The Moracco, Inc.
The Moracco 1413 Rockdale Rd.
David A. Ungs
Copper Kettle 2987 Jackson St.
(Also Sunday Sales)
Michael J. Weber
Mike's Ten Pin Tap 601 Rhomberg
(Also Sunday Sales)
William C. and Steven Tong
Rusty's Chinese Rest. 2600 Dodge
(Also Sunday Sales)
490 Regular Session, December 21, 1987
Lenny's Avenue Top, Inc.
Leonard J. TeKippe 1080 University
Passed, approved and adopted this
21st day of December 1987.
James E. Brady
Mayor
ATTESq~
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resalution. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None. Absent--Council Member Dalch.
MINUTES SUBMITTED: Cable
Community Teleprogramming Commis-
sion of 12-1; Five Flags Comm. of 11-23;
Park & Recreation Comm. of 12-8;
Plumbing Bd. of 12-9; Dubuque Transit
Trustee Board of 11-12; Zoning Bd. of
Adustment of 11-19, presented and read.
Counall Member Simon moved that
the minutes be received and filed.
Seconded by Council Member Krieg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Klues-
net, Krieg, Kronfaidt, Manning, Simon.
Nays--None. Absent--Council Member
Deich.
NOTICES OF CLAIMS AND
SUITS: James M. LaPage in the amt. of
$1000 plus punitive damages and at-
torney's fees for a false arrest and
malicious prosecution; IA DOT advising
of an amendment to application for the
appointment of a commission to ap-
praise damages and 2nd amendment to
notice continuing hearing; Notice of
Appraisement of damages and time for
appeal, presented and read.
Council Member Simon moved that
the claims and suits be referred to the
Legal Staff for investigation and report.
Seconded by Council Member Krieg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Klues-
her, Krieg, Kronfeldt, Manning, Simon.
Nays--None. Absent--Council Member
Deich.
IA DOT advising of dismissals for
Group "F" Parcel 257R and Dismissal
of Group "D' Parcel 340, presented and
read.
Council Member Simon moved that
the notice be received and filed. Second-
ed by Council Member Krieg. Carried by
he following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg,
Kronfeldt, Manning, Sbnon. Nays--
None. Absent--Council Member Deich.
Communication of Corporation Coun-
sel recommending settlement of personal
injury claim of Mr. Leckington in the
amt. of $2000, presented and read.
Council Member Simon moved that
the communication be received and filed
and settlement approved with the
Finance Director to issue the proper
check. Seconded by Council Member
Krleg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays--None. Absent--Council
Member Deich.
Communication of Corporation
Counsel recommending closure of suit of
Investment Counselors, Inc. and Du-
buque Hotel & Convention Corp. vs City
of Dubuque, presented and read.
Council Member Simon moved that
the communication be received and filed
and approved recommendation. Second-
ed by Council Member Krieg. Carried by
he following vote: Yeas--Mayor Brady,
Council Men, bets Kluesner, Krieg.
Kronfeldt, Manning, Simon. Nays--
None. Absent--Council Member Deich.
Communication of City Manager
· ecommending acceptance of 1987
Sealcoat Program, presented and read.
Council Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Klues-
net, Kreig, Kronfeldt, Manning, Simon.
Nays--None. Absent--Council Member
Deich.
RESOLUTION NO. 358-87
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the 1987
Regular Session, December 21, 1987 491
Seaicoat Project has been completed and
the City Manager has examined the
work and filed his certificate staling that
the same has been completed according
to the terms of the contract, plans and
specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the recommen-
dation of the City Manager be approv-
ed and that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Street Construction Fund and
General Obligation Bonds in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, approved and adopted this
21st day of Decembm; 1987.
James E. Brady
Mayor
ATTES~P.
Mary A. Davis
City Clerk
Council member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krleg,
Kronfeldt, Manning, Simon. Nays--
Nong Absent--Council Member Deich.
RESOLUTION NO. 359-87
FINAL ESTIMATE
WHEREAS, the contract for the 1987
Sealcoat Project has been completed and
the City Engineer has submitted his
final estimate showing the cost thereof
including the cost of estimates, notices
and inspection and all miscellaneous
cost;
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
5184,512.73 and that said amount shall
be paid from the Street Construction
Fund and General Obligation Bonds of
the City of Dubuque, Iowa.
Passed, approved and adopted, this
21st day of December, 1987.
James E. Brady
Mayor
ATTESt.
Mary A. Davis
City Clerk
Council Member Krieg moved adop-
tion of the Resolution. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner~ Krieg,
Kronfeldt, Manning, Simon. Nays--
None. Absent--Council Member Deich.
Communication of E. Eugene Perry
submitting his mslgnation from the City
Transit Board. presented and read.
Council Member Simon moved that
the communication be received and fil-
ed and accepted with regret. Seconded
by Council Member Krieg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None. Absent--Council Member Deich.
Communication of Dirk Voetberg sub-
mitting his resignation from Human
Rights Commission effective Dec. 14,
1987, presented and read.
Council Member Simon moved that
the communication be received and fil-
ed. Seconded by Council Members Krieg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Klues-
ne~; Krieg~ Kronfeldt, Manning, Simon.
Nays--None. Absent--Council Member
Deich.
Communication of Planning and Zon-
ing Commission approving final plat of
Sub. of Lot 1-1-13 in "Valley View
Heights at Center Grove" as requested
by Charles and Irene McDermott and
Butt and Maxine Steve for property
located west of Cedar Cross Road and
east of Crescent Ridge, presented and
read.
Council Member Simon moved that
the communication be received and
492
filed. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Krieg, Kronfeldt, Manning,
Simon. Nays None, Absent--Council
Member Deich.
Regular Session, December 21, 1987
following vote: Yeas--Mayor Brady,
RESOLUTION NO. 360-87
A RESOLUTION APPROVING
THE FINAL PLAT OF THE SUB-
DIVISION OF LOT i OF LOT I OF
LOT 13 IN "VALLEY VIEW
HEIGHTS AT CENTER GROVE"
IN THE CITY OF DUBUQUE,
IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of the Sub-
divison of Lot i of Lot 1 of Lot 13 in
"Valley View Heights at Center Grove"
in the City of Dubuque, Iowa; and
WHEREAS, said final plat has been
examined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council, and the
City Council finds that the same con-
forms to statutes and ordinances
relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA.
Section 1. That the final plat of the
Subdivision of Lot 1 of Lot 1 of Lot 13
in "Valley View tteights at Center
Grove" in the City of Dubuque, Iowa be
and the same is hereby approved, and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa
upon said final plat.
Passed, approved and adopted this
21st day of December, 1987.
James E. Brady
Mayor
ATTESq!
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Krieg. Carried by the
Council Members Kluesner, Krieg,
Kronfeldt, Manning, Simon. Nays--
None. Absent--Council Member Deich.
Communication of City Manager sub-
mitring Financiai Reports for the month
)f November, 1987, presented and read.
Council Member Simon moved that
the communicarion be received and fil-
ed. Seconded by Council Member Krieg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Klues-
ncr, Krieg, Kronfeldt, Manning, Simon.
Nays--None. Absent--Council Member
Deich.
Communications of Corporation
Counsel recommending closure of follow-
ing claims: tar on car claim of Mary Jane
McLaughlin; Sewer back-up claim of
Robert and Virginia McNamer; Slip and
fall claim of Erin Stecklein; Subrogation
for a slip and fall claim of UAC for Betty
Jane Candy; Small claim for a slip and
fall claim of Vera Schroeder, presented
and read.
Council Member Simon moved that
the communications be received and fil-
ed and approved recommendations.
Seconded by Council Member Krieg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Kfues-
ncr, Krieg, Kronfeldt, Manning, Simon.
Nays--None. Absent--Council Member
Deich.
Communicarion of Rebert Rosenow
expressing appreciation and "Thanks"
to both Rhonda Kronfcldt and Barb
Manning for the years of service of be-
ing on the Council, presented and read.
Council Member Kricg moved that the
communication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Klues-
ncr, Krieg, Kronfeldt, Manning, Simon.
Nays--None. Absent--Council Member
Deich.
Communication of Airport Commis-
sion advising of the need for a vehicle in
their FY '88 Budget, presented and read.
Council Member Simon moved that
the communication be received and
Regular Session, December 21, 1987
filed. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Kcieg, Kronfeldt, Manning,
Simon. Nays--None. Absent--Council
Member Dalch.
Communication of Dubuque Kennel
Club, In~ requesting changes be made
with Dubuque Humane Society, pre-
sented and read.
Council Member Krieg moved that the
communication be received m~d filed.
Seconded by Council Member Simon,
Carried by the following vote: Yeas--
Mayor Brady, Council Members Kfues-
net, Krieg, Kronfeldt, Manning, Simon,
Nays--None. Absent--Council Member
Dcich.
There being no further business, Coun-
cil Member KronfeMt moved to adjourn.
Seconded by Council Member Mmmlng.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Klues-
ncr, Krieg, Kronfeldt, Manning, Simon.
Nays--None. Absent--Council Member
Dcich.
Meeting adjourned at 8:48 p.m.
Mary A. Davis
City Clerk
Approved _ -- 1988
Adopted 1988
Mayor
Council Members
ATTESq~.
City Clerk
493