1986 September Council Proceedings Regular Session, September 1, 1986
~ Nays--None.
OFFICIAL
Regular Session, September 1, 1986.
Council Met at 7:30 P.M., Public
Library Auditorium.
No members of the Council being pre-
sent, the meeting was adjourned subject
to call.
Regular Adjourned Session,
September 2, 1986.
Council Met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Kronfeldt,
Simon, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Lindahl.
Absent at Roll Call: Council Members
Krieg, Manning.
The invocation was given by Rev.
Dwight Vogel, Pastor of St. Luke's
Methodist Church.
PROCLAMATIONS: Week of
September 1-6 as "Union Label Week"
received by Mary Ann Specht; Sept. 17,
1987 as "United States Constitution
Day".
Mayor Brady swore in Loras Klueener
as "Mayor pro-Tern".
Council Members Krieg and Manning
entered the chambers at 7:34 P.M.
Council Member Kluesner moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to dispose of City's interest in Lot 2 Mt.
Carmel Subdivision to Zephyr
Aluminum Products, Inc., presented
and read. There were no written objec-
tions received and no oral objectors pre-
sent at the time of the Hearing~ Court-
cil Member Kronfeldt moved that the
proof of publication be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor , Brady, Council
Members Deich, Klueanar, Krieg,
Kronfaldt, Manning, Simon.
RESOLUTION NO. 202-86
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 August 22, 1986, the City
Council of the City of Dubuque, Iowa
met on September 2, 1986 at 7:30 p.m.
in the Public Library Auditorium, 11th
and Locust Street, Dubuque, Dubuque
County, Iowa to consider the proposal
for the sale of real estate described as:
Lot 2 in Mt. Carmel Subdivision in the
City of Dubuque, Dubuque County,
Iowa
I to Zephyr Aluminum Products Com-
~ party, Inc.; and
~ WHEREAS, the City Council of the
! City of Dubuque, Iowa, overruled any
and all objections, oral or written, to the
proposal to dispose of interest of the Ci-
ty of Dubuque, Iowa, in the hereinabove
described real estate to Zephyr
Aluminum Products Company, Inc.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL 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
2 in Mt. Carmel Subdivision, City of
Dubuque, Dubuque County, Iowa to
Zephyr Aluminum Products Company,
Inc. be and the same is hereby approv-
ed for the sum of $63,692.00 plus cost of
publication and rseording; that the con-
veyanee shall be by Quit Claim Deed.
Section 2. That all existing recorded
easements shall remain in effect.
Section 3. That the City Clerk be and
she is hereby directed and authorized, to
deliver deed of conveyance conveymg
the above described real estate to tke
above named party upon receipt of the
mrehase price in full.
Section 4. That the City Clerk be and
~he is hereby authorized and directed to
record a certified copy of this Resolution
in the offices of the City Assessor, Dubu-
que County Recorder and Dubuque
County Treasurer
Passed, approved and adopted this
2nd day of September, 1986.
James E~ Brady
Mayor
334
Regular Adjourned Session, September 2, 1986
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Proof oI publication, certified to by the
Publisher, on Notice of Public Hearing
to consider an ORDINANCE to
reclassify property at 2196-2198 Unive~
sity from R-3 to PC District, presented
and read. D. Michael King, representing
John Bonnette (owner of Hardees on
University), gave specifics of traffic
study and requested zoning change to
facilitate the building of a new store.
Council Member Kronfeldt moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the following
vote:
Yeas--Council Members Delch,
Kluesner, Krieg, Kronfeldt, Manning,
Simon.
Nays--Mayor Brady.
ORDINANCE NO. 70-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IA. BE AMEND-
ED BY REVISING APPENDIX ~
THEREOF, ALSO KNOWN AS "ZON-
ING ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY RECLASSIFYING
HEREINAFTER DESCRIBED PRO-
PERTY AT 2196-2198 UNIVERSITY
FROM R-3 MODERATE DENSITY
MULTI-FAMILY RESIDENTIAL
DISTRICT TO PC PLANNED COM-
MERCIAL DISTRICT, said Ordinance
having been presented and read at the
Council Meetings of August 4, 1986 and
August 18, 1986, presented for further
action. Coundl Member Kronfeldt may-
ed final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote: ~
Yeas--Council Members Deich,
Kluesner, Krieg, Kronfeldt, Manning,
Simon.
Nays--Mayor Brady.
ORDINANCE NO, 70-86
AN ORDINANCE OF THE CiTY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
"ZONING ORDINANCE AND ZON-
ING MAP OF THE CITY OF
DUBUQUE, IOWA", BY RECLASSI-
FYING HEREINAFTER
DESCRIBED PROPERTY AT 2196
2198 UNIVERSITY FROM R-3 MOD-
ERATE DENSITY MULTI--FAMILY
RESIDENTIAL DISTRICT TO PC
PLANNED COMMERCIAL DIS-
TRICT.
WHEREAS, John Eonnelte, owner
from R-3 Moderate Density Multi-
Family Residential District to PC
District regulations as set forth Jn
Section 3-3.8D of the Code of Ordl-
CJtv of Dubuoue, Iowa; and
WHEREAS, the Planning and Zon-
zoning reclassification pursuant to
WHEREAS, the Planning and Zon-
plans as set forth in Section 3-3.8D(4)
of the Code of Ordinances, Appendix
WHEREAS, the Planning and Zon-
WHEREAS, the City Council has
tiDes.
IOWA:
335
Regular Adjourned Session, September 2, 1986
to "PC Planned Commercial Dis-
trict'' the following described prop-
erty to wit:
Lot 5, Lot 6 and Lot 7 of FinleY,
Waales and Burton Addition in the
CIty of Dubuaue, iowa.
Section 2. That in order to accom-
olish the purposes of the "PC Planned
Commercial District" and of the
Zoning Ordinance, the pronertv
herein above described and reclassi-
fied ore so reclassified subject to the
following conditions and restric-
tions;
(A) Use Regulations. The following
regulations shall apply to all uses
made of land in the above described
Planned Commerical District:
(I) The nrincloaJ permitted use
shall be limited to an indoor/drive-Jrt
(carry-out) restaurant.
(2) Accessory uses shall be limited
to any use customarily incidental and
subordinate to the principal use.
(B) Lot and Bulk Regulations.
Development of the land in this par-
ticular PC Planned Commercial Dis-
trict shall be regulated as follows:
months from the effective date of this
)rdinance.
(2) One year from the effective date
this Ordinance, demolition at 2196
(I) A thirty (30) foot front, side and PlanshaH be valid for aperiodof four
rear yard setback shall be established years provided o final site develop-
for the primary structure, meet plan for the restaurant construc-
(2) Accessory structures may be tide is submitted by August 1, 1989.
located In the reguired side or rear (8) That the reclassification from
vord.
(3) No building or structure can
exceed thirty (30) feet in height.
(C) Parking Reguirements. The off-
street oarking requirements for the
(t) One off-street aarking Seace for
fifty (50) sguare feet o! floor area
R-3 Moderate Density MultFFamilv
Residential District to PC Planned
Commerciai District applied to the
nropertv herein above described is a
tentative classification and final
adoption of said reclassification is
contingent upon submittal of the
Find S te Development Plan. Failure
at the developer to comply with the
requirements as set herein shall auto-
maritally revert said property to its
underlving zone "R-3 Moderate Den-
sity Multi-Family Residential Dis-
trict'' classification.
(G) Transfer of Ownership.
(1) Transfer of ownership or lease
at property in this PC Planned Cam
mericaJ District shall include in the
transfer or lease agreement a erovi
sion thai the purchaser or leasee
acknowtedges awareness of fha condi-
tions authorizing the establishment
of this district.
336
Regular Adjourned Session, September 2, 1986
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to rezone property at 796 Auburn from
R-2 to ID and property on Pearl Street
from R-1 to ID and to approve an
amended Conceptual Development Plan
for the University of Dubuque ID In-
stitutinnal District; Petition of Ralph B.
and Juanita M. Tritsch requesting
Council to delete Lots 31 and 32, Finley,
Waples and Burton Addition, on Pearl
Street, for use as parking lots for the
University of Dubuque; Petition of
Thomas Finn et al (20 signatures)
pressing their concern about the zoning
reclassification and conceptual Develop-
ment Plan for the University of Dubu-
que, presented and read. Council
Member Deich moved that the proof and
petitions be received and filed. Second-
ed by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt,'Manning, Simon.
Nays--None.
ORDINANCE NO. 71-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF DUB-
QUE, IOWA" BY RECLASSIFYING
HEREINAFTER DESCRIBED PRO-
PERTY AT 796 AUBURN FROM R-2
T.WO FAMILY RESIDENTIAL
DISTRICT TO ID INSTITUTIONAL
DISTRICT; BY RECLASSIFYING
HEREINAFTER DESCRIBED PRO-
PERTY OF PEARL STREET FROM
R-1 SINGLE FAMILY RESIDENTIAL
DISTRICT TO ID INSTITUTIONAL
DISTRICT; AND TO APPROVE AN
AMENDED CONCEPTUAL
DEVELOPMENT PLAN FOR THE
UNIVERSITY OF DUBUQUE ID IN-
STITUTIONAL DISTRICT, said Or-
dinance having been presented and read
at the Council Meeting of August 18,
198ff, presented for further action.
Jim Koopman, Treasurer of Universi-
ty of Dubuque, stated that the Univer-
sity of Dubuque agrees to 40 foot set-
back from Princeton Place property
buildings.
Council Member Kluesner moved final
adoption of the Ordinance, subject to
certain provisions prior to publication.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--Council Member Kronfeldt.
ORDINANCE NO. 71-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY RIVIS-
lNG APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA" BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY AT 796 AUBURN
FROM R-2 TWO FAMILY RESI-
DENTIAL DISTRICT TO ID
INSTITUTIONAL DISTRICT; BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY ON
PEARL STREET FROM R-1 SIN-
GLE-FAMILY RESIDENTIAL DIS-
TRICT TO ID INSTITUTIONAL
DISTRICT; AND TO APPROVE AN
AMENDED CONCEPTUA
DEVELOPMENT PLAN FOR THE
UNIVERSITY OF DUBUQUE ID
INSTITUTIONAL DISTRICT.
WHEREAS, the University of
Dubuque, owner and applicant, filed
an application for relassificatinn of 796
Auburn from R-2 Two Family District
to ID Institutional District, has filed
an application for reclassifcation of the
following described vacant property on
Pearl Street from R-1 Single-Family
Residential District to ID Institutional
District and has filed an amended
Conceptual Development Plan for cer-
tain properties herainafter described in
accordance with provisions of the ID
Institutional District regulations as set
forth in Section 3-5.2 of the Code or
Ordinances, Appendix A thereof, of the
City of Dkbuque, Iowa; and
WHEREAS, the Planning and Zon-
lng Commission has held a public
hearing on said application for zoning
reelasshScation and said amended Con-
ceptual Development Plan pursuant to
required published notice; and
VgHEREAS, the Planning and Zon-
lng Commisaion has approved said
application for zoning reclassification
and said amended Conceptual Devel-
opment Plan subject to specific condi-
tions and restrictions, having found
that said plan conforms with the
review standards applicable to such
337
Regular Adjourned Session, September 2, 1986
plans as set forth in Section 3-5~2(D4)
of tlie Code of Ordinances, Appendix A
thereof, of tlie City of Dubuque, Iowa;
WHEREAS, the Planning and Zon-
ing Comnfisslan recommended the con-
currence of the City Council and
approval of said amended Conceptual
Development Plan and said application
of zoning reclassification; and
WHEREAS, the City Council has
received the recommendation of the
Planning and Zoning Conmdssion and
held its own public hearing on said
amended Conceptual Development
Plan and said application for zoning
reclassification pursuant to required
published notice; and
WHEREAS, ti~e City Council has
approved said amended Conceptual
Development Plan and said application
for ~oning reclassification subject to
the same specific conditions and
restrictions.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be a~nended by revising Appendix A
thereof also known as the "Zoning
Ordinance and Zoning Map of the C ty
of Dubuque, Iowa," by reclassifying
from R-2 Two Family Residential Dis-
trict to ID Institutional District the
following described property, to wit:
Lot 41 of Reche's Subdivision in the
City of Dubuque, Iowa.
Section 2. That the Code of Ordl-
nances of the City of Dubuque, Iowa,
be eanended by reviaing Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning map of ti~e City
of Dubuque, Iowa," by reclassifying
from R-1 Single-Family Residential
District to ID Institutional District the
following described property, to wit:
Lot 31 and 32 of Finley, Waples,~ ~
Burton Addition in the City o~
Dubuque, Iowa. :
Section 3. That in order to accom-
plish the purposes of the "ID Institu-
tional District" of the Zoning
Ordinance of the City of Dubuque,
Iowa, the amended Conceptual Devel-
opment Plan for the University of
Dubuque, a copy of which is attached
to and made a pm't hereof; is hereby
adopted and approved for the,follow-
lng described property, to wit:
Lot 2 of the East 75.6' of the North
¥~ of Lot 10, Lot 2 of Lot 2 of Lot 1
of tlie South ~A of Lot 10, Lot 1 of
Lot 1 of Lot i of tlie South ~/~ of Lot
10, Lot 2 of Lot 1 of Lot 1 of the
South '/z of Lot 10 and Lot 1 of Lot 2
of Lot 1 of the South ~/z of Lot 10,
the South V~ of the East 57.82' of Lot
]1, the South 1/2 of the East 50' of the
West 80.12' of Lot 11, ti~e South ~ of
the East 50' of the West 62.06' of the
West 118' of Lot 12 and the West 6'
of the South % of the East 56' of the
West 118' of Lot 12, the South 128' of
the East 37.49' of Lot 13 and the
South 128' of ti~e West 12.06' of the
West 62.06' of the West 118' of Lot
13, the North 140' of the West 12.06'
of tiae West 62.06' of the West 118' of
Lot 12 and the North 140' of the
East 37.49' of Lot 13, the South Ye
of the East 50' of the West 100' of
Lot 13, the North Va of the West 50'
of the West 100' of Lot 13, Lot 2 of
Lot 15, Lot 1 of Lot i of Lot 1 of Lot
15, Lot 2 of Lot 1 of Lot 1 of Lot 15,
Lot 2 of Lot 1 of Lot 16, Lot i of Lot
i of Lot 16, Lot 2 of Lot 2 of Lot 1 of
Lot 15, Lot 1 of Lot 2 of Lot 1 of Lot
15, Lot i of Lot 2 of Lot 16, Lot 2 of
Lot 2 of Lot 16, Lot I of Lot 1 of Lot
17, Lot 2 of Lot 1 of Lot 17, Lot 1 of
Lot 2 of Lot 17, Lot 2 of Lot 2 of Lot
17, Lot 1of Lot 1 of Lot 1 of Lot 1
of Lot 18, Lot 2 of Lot 1 of Lot 1 of
Lot 18, the South Va of Lot I of Lot
14, Lot 2 of Lot I of Lot 2 of Lot 14,
Lot 2 of Lot 2 of Lot 14, Lot i of Lot
, f
1 of Lot 2 of Lot 14, the East 50 o
the South Va of the East 56' of the
West 118' of Lot 12, Lot 2 of Lot 1 of
Lot 1 of Lot i of Lot 18, the West
62.34' of the North '/~ of Lot 10, the
North 134' of the North 168' of the
West 30.32' of the West 80.12' of Lot
11, the North 134' of the North 168'
of the East 19.88' of Lot 12, the
North lA of the East 50' of the West
62.06' of the West 118' of Lot 12,
the North '/z of the East 50' of the
West 100' of Lot 13, the North ~/~ of
Lot 1 of Lot 14, the South Vs of the
West 50' of the West 100' of Lot 13,
the South 84' of the North 168' of the
East 19.88' of Lot 12, the South 100'
of the East 19.88' of Lot 12, the
South 84' of the North 168' of the
West 30.12' of the West 80.12' of Lot
11, and the South 100' 'of the West
30.32' of the West 80.12' of Lot 11, all
in Ann O'Hare's Subdivision; Lot 2
of Lot 1, Lot 1 of Lot 1 of Lot 1 of
Lot 1 , Lot 2 of Lot 1 of Lot I of Lot
1, all in Cain's Subdivision No. 2; Lot
2 of Lot 71 and Lot 2 of Lot 70, Lot 2
of Lot 64, Lot 31 and Lot 32, all in
Finley, Waples, and Burton Addition;
Lot 9, Lot 8, Lot 7, Lot 1, Lot 2, Lot
3, all in Herbst's Subdivision; Lot 2,
Lot 1, Lot 3, all in Herbst's Univer-
sity Avenue Place; the North lA of
338
Regular Adjourned Session, September 2, 1986
tt~e Cast 57.82' of Lot 11, the North
¥2 of the East 50' of tl~e West 80.12'
of Lot 11, the Cast 50' of she North
~/2 of the Cast 56' (ff the West 118' of
Lot 12 and the West 6' of she North
1/~ of the East 56' of she West 118' of
Lot 12, all ii~ Ann O'Hare's Subdivi-
sion; Lot 5 and Lot 2 of Lot 2 of Lot
1 of Lot 6 of Hantehnann's Subdivl-
sion; Lot 1 and Lot 10 of Kuehnla
Heights; Lot 2 of Lot 1 of Lot 2 of
Mineral Lot 156 and Lot I of Lot 1
of Lot 2 of Mineral Lot 156; Lot 28
and Lot 29 and Lot 30, Lot 6, Lot 41,
Lot 27, Lot 31, Lot 32, Lot 33, Lot 34,
Let 2 of Lot 35, Lot 2 of Lot I of Lot
35, Lot i of Lot I of Lot 35, Lot I of
Lot 36, Lot 2 of Lot 36, Lot 1 of Lot
37, Lot 2 of Lot 37, Lot I of Lot 38,
Lot 2 of Lot 38, Lot 1 of Lot A, Lot 2
of Lot A, Lot 39, Lot 1 of Lot 40, Lot
2 of Lot 40, Lot 1, Lot 2, Lot 3, Lot
4, Lot 5, Lot i of Lot 24, all in
Reche's Subdivision; Lot I tlu'ough
Lot 17 and Lot 17A and Lot 17B, all
in Reche's Subdivision No. 2; Lot 1
of Lot I of Steffen's Place; Lot 25
and Lot 26 of Reche's Subdivision;
all in the City of Dubuque, Iowa.
Section 4. That in order to accom-
plish the pm'poses of the "ID Institu-
tional District" and of the Zoning
Ordinance, the property herein above
desc~'ibed 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 Institusional District:
1) Principal permitted uses shall be
limited to the following:
a) Colleges and universities (45)
b) Classrooms, laboratories, lecture
halls, anditefiums and shnilar places
for insfitu~onal assembly (45)
c) Offices for administrative person-
nel or other institutional employees or
affihatos (14)
d) Churches (7), hbraries and nmse-
District:
a) Located enth'ely within a psinci-
pal building, bookstores or bars seating
not more than seventy-five (75) per-
sons at one time and located not closer
than two hun&ed feet (200') from the
neavest Residential or Office Residen-
rial District.
b) All other uses customarily inci-
dental to the principal permitted use
in conjunction with which such
accessory use is operated or main-
rained, but not to include commercial
uses outside a principal building.
B) Lot and BuLk Regulations.
Development of land in the ID Insti-
tutional District simil be regulated as
follows:
1) All buildings, structures and acti-
vities shall be located in conformance
with the attached amended Conceptual
Development Plan and all final site
levelopment plans shall be approved in
accordance with the provisions of the
ID Institutional District regulations as
provided in the Zoning Ordinance of
the City of Dubuque, Iowa.
2) The maalmum building size for
the student housing will be an eight-
plex with a maximum building height
of two stories and twenty-five feet.
The ~naximum height of the proposed
seminary building and the proposed
expansion of educatio~ml and recrea-
tional building, anti other new build-
~ng fronting on McConnick Street shall
be fifty feet.
3) Approxhnately 32 martied student
housing units will be constructed with
approximately 50 seminary student
housing units.
4) A parking lot setback of forty feet
shall be required along University Ave-
nue within parking Lot Four.
5) Details for the proposed seminary
build ~g and expansion of tbe educa-
tional/recreational facilities shall be
)rovided at the time of Final Site
Development Plan.
mus (13) C. Performance Standards.
e) Single-Family, two family (11) or The development and maintonance of
mditi-thmily dwellings for the housing uses in tl~s ID Institutional District
or institutional residents or affiliates shall be established in conformance
(9) with the following standards, as well
f) Off-street parking and loading as with the reg~fiasions of Section 3-
(N/A) 5.2 of the ID Institutional Di~strict:
g) Recreational or athletic facilities 1) The proposed construction and
for the primary use and benefit of landscaping schedule shall occur as
inssitusionalresidents or affiliates (45) indicated on the Proposed Develop-
h) Existing private uses of structures~
situated within an ID District for
which she R-3 District standards shall
apply (N/A)
2) Accessory uses. The following uses
shall be permitted as accessory uses in
the above described ID Institutional
ment Plan dated June 22, 1986.
2) Dust control measures shall be
utilized on any gravelled parking lots
prior to final paving.
D. Site Development Standards.
The site development standards for
this ID Institutional District shall be
Regular Adjourned Session, September 2, 1986
established as follows:
1) Tl~e landscaping and screening
requirements shall be established in
accordance with the requirements of
Section 4-5 of the Zoning Ordinance of
the City of Dubuque, Iowa. All other
site development standards of Section
4-4 shall apply.
2) Scree~fing as per Section 4-5 of
three feet in height shall be required
on parking lots abutting residential
uses and pubhc right-of-way.
3) No vehicular access shall be
allowed between Parking Lot Four and
tlie proposed commercial site on the
westorn property boundary. A pedes-
trian access may be allowed on that
boundary.
4) Pm'king lots and other institu-
tional uses abutting residential uses
shall have no illuminating devices
placed above fifteen (15) feet in
height.
E. Additional Standards.
1) The off-street parking require-
ment for the principal permitted uses
for the herein described ID Institu-
tional District shall be designated by
a bracket enclosed number next to the
use, as herein described:
9) 1.5 spaces for each dwelbng unit.
11) Two spaces for each dwelling
unit.
14) One space for each four hundi'ed
square feet devoted to office use or one
space for each employee on the maxi-
mum shift, whichever is greater.
7) One space for each fora' perma-
nent seats.
13) One space for each five hun&ed
square feet of floor area accessible to
~he general public.
45) Dormitories - one space for each
bed. Gymnasiums - one space for each
six permanent seats. Lecture halls -
one space for each six permanent seats.
Empinyees - .75 spaces for each
employee on thc maximum shift.
2) The amended Conceptual Devel-
opment Plan shall be valid for a period
of five years provided a Final Site
Development Plan is submitted wishin
one year from the date of approval
F. Transfer of Ownership.
1) Transfer of ownership or lease of
property in tins ID Institutional Dis-
trict shall include in the transfer of
lease agreen'~ent a provision that the
purchaser or lessee acknowledges
awm, eness of the conditions authoriz-
ing the estshlishinent of the District.
PASSED, APPROVED and
ADOPTED this 2nd day of September,
1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published offi¢Sally in the Telegraph
Herald newspaper this 20th day of
October, 1986.
Mary A. Davis
City Clerk
It 10/20
Communication of City Manager sub-
mittlng Ordinance revising the City
Code regulating taxi cab service in the
City of Dubuque and requesting a public
hearing be held, presented and read.
Council Member Kranfeldt moved that
the communication be received and ill-
ed. Seconded by Council Member Simon.
Carried by the fu]lowing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Amending the
Cede of Ordinances by repealing Section
38-16 thru 38-23 and Sections 38-31 thru
38-40 thereof and enacting new Sections
38-16 thru 38-25 and Section 38-31 thru
38-45 in lieu thereof providing for the
Regulating of Taxicabs, Taxicab
Operators and Taxicab Drivers,
presented and read. Council Member
Kronfeldt moved that this be considered
the first reading of the Ordinance and
that the requirement that a proposed Or-
be considered and voted on for
s at two councilmeetings prior to
the meeting at which it is to be finally
adopted be suspended, and further mov-
ed that a Public Heaving be held on the
proposed Ordinance on the 15th day of
September, 1986 at 7:30 o'clock p.m. at
the Public Library auditorium and that
the City Clerk be directed to publish
notice of the Public Hearing in the man-
ner prescribed by law. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Deich, Kfueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
resubmitting documents for construc-
tion of a skywalk connecting the Iowa
Street Parking Ramp and the Gallery
Court, presented and read. Council
Member Kronfeldt moved that the com-
munlcation be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
340
339
Regular Adjourned Session, September 2, 1986
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 203-86
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifica-
tions, form of contract and estimated
cost for the Skywalk Connecting Iowa
Street Parking Ramp to the Gallery
Court, in the estimated amount of
$55,000.00, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
RESOLUTION NO. 204-86
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of~
rice of the City Clerk for pubfic inspec-
tion of the Skywalk Cnnn~etln~ low~
Street Parking Ramp to thc Gallery
Court.
NOW, THEREFORE, BE IT
RESOLVED tha~ on the 10th day of
September, 1986, a public lieating will
be held at 7:30 p.m. h~ the Public Libr ~y
Audfitorlum at which time interested
persons may appear and be heard for or
against the proposed plans and '
specifications, form of contract and cost
of said improvement, and the City Clerk
be and is hereby directed to cause a
notice of time and plac~ of such hearing
to be publisliad in a newspaper having
gel~era/circulation in the City of Dubu-
que, Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the day fixed for its con-
sideration. At the hearing, any in-
terested persons may appear and file ob-
jections to the proposed plans, specifica-
tions, contract, or estimated cost of the
improvement.
Passed, adopted and approved this
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the Ioilowing vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 205-86
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Skywalk Connecting Iowa
Street Parking Ramp to the Gallery
Cour~ is hereby ordered to be advertis-
ed for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accom-
pany 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
ge~erat ctrcniat~on :n the Cqty of DUinl-
que, Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the r~ceipt of said bids st
2:00 p.m. on the 1 lth day- of September.
1986. Bids shall be opened and read by
the Cqty Clerk at said time and will be
James E. Brady
341
Regular Adjourned Session, September 2, 1986
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mitring bidding documents and pro-
cedures for the construction of the City
of Dubuque Asphalt Paving Project No.
3, presented and read. Council Member
Kronfeldt moved that the communica-
tion be received and filed. Seconded by
Council Member Kinesner. Carried by
the following vote:
Yeas--Mayor Bradyl Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 206-86
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifics-
tions, form of contract and estimated
cost for the Asphalt Paving Project No.
3, in the estimated amount of
$229,913.18, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg.
Kronfeldt, Manning, Simon.
Nays None.
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
RESOLETION NO. 207-86
WHEREAS, the City Council of the
City of Dubuque, Iowa, has g/ven its
pretiminm'y approval on the proposed
plar~s, specifications, and form of con-
tract and placed same on file in the of-
fice of the City Clerk for public inspec-
tion of the Asphalt Paving Project No.3.
NOW, THEREFORE, BE IT
RESOLVED that on the 15th day of
September, 1986, a public hearing will
be held at 7:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for or
against the proposed plans and
specifications, form of contract and cost
of said improvement, and the City Clerk
be and is liereby 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 Dubu-
que, Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the day fixed for its con-
alderation. At the hearing, any in-
terested person may appear and file ob-
ections to the proposed plans, specifica-
tions, contract, or estimated cost of the
improvement.
Passed, adopted and approved this
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution, Seconded by
Council Member Kinesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich. Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None,
ORDERING BIDS
RESOLUTION NO. 208-86
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That [he Asphalt Paving Project
3 is hereby ordered to be advertised ior
bids for construction,
BE IT FURTHER RESOLVED, tha~
[he amount of the security to accom-
)any 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 hereh~ provided, to
be published in a newspaper having
Regular Adjourned Session, September 1, 1986
general circulation in the City of Dubu-
que, Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the receipt of said bids at
2:00 p.m. on the 9th day of September,
1986. 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. on the 15th day of
September, 1986.
Passed, adopted and approved this
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager
reporting on the rezoning issue involv-
ing the old Celotex property, summariz-
ing alternative options and requesting
Council direction on how to proceed,
presented and read. Council Member
Kronfeldt moved that the communica-
tion be received and filed and that they
retain the HI Zoning for the entire 70
acres. Seconded by Council Member
Manning. Vote on the motion was as
follows:
Yeas--Council Members Kronfeldt
and Manning.
Nays--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Simon.
MOTION FAILED.
ORDINANCE NO. 72-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", BY RECLASSI;
FYING HEREINAFTER DESCRIBED
PROPERTY LOCATED EAST OF
HARRISON STREET, SOUTH OF
DODGE STREET AND WEST OF
THE SOO LINE RAILROAD, RIGHT
OF WAY FROM HI HEAVY IN
DUSTRIAL DISTRICT TO LI LIGHT
INDUSTRIAL DISTRICT, said Or-
dina, ace having been presented and read
at the Council Meetings of July 7, July
21 and August 4th, presented for further
action.
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Daich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members belch, Kluesner, Krieg,
Simon.
Nays--Council Members Kronfeldt,
Manning.
ORDINANCE NO. 72-86
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", BY RECLASSI-
FYING HEREINAFTER
DESCRIBED PROPERTY lOCATED
EAST OF HARRISON STREET,
SOUTH OF DOOGE. STREET AND
WEST OF THE SOO LINE RAIL-
ROAD RIGHT OF WAY FROM HI
HEAVY INDUSTRIAL DISTRICT TO
LI LIGHT INDUSTRIAL DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THECITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, iowa,
be atom',deal by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the
City of Dubuque, Iowa", by reclassi-
fying hereinafter described property
from "HI Heavy Industrial District"
"to "LI Light Industrial District", to
wit:
Block A, Lot 1, Lot 2, Lot 3 and Lot 4
in Block B, LOt 1, Lot 2, Lot 4 and
Lot 1 at Lot 3 in Block C, all in
industrial Subdivision NO, I;
vacated Charter Street lying
between lhe east line of Harrison
Street and the west line of Salina
Street; Lot 3, Lot 4, Lot 5, Lot 6, Lot
7, Lot 8, Lot 9, Lot 10, all in Block
XllJ in Dubuque Harbor Company's
Addition; the East 20' of Lots 2 to 9
inclusive of the West ~ 2, ali in Block
XIV in Dubuque Harbor Company's
Addition; the West 93~ of Lots 2 to 9
inclusive of lhe West ~ of Bloc~
XlV of Dubuque Harbor Company's
Addition; Lot A of the West ~2 of
Block XlV in Dubuque Harbor Com-
oanv's Addition; Lot I at Lot B of
the West ~2, Lot 2 at Lot B of the
West J 2, Lot 1 of Lot I to $ inclusive
of the West ~, Lot 2 of Lot 1 to 8
inclusive of the West ~ 2, Lot 1 of Lot
A of the West ~ 2, Let 2 of Lot A of the
West ~2, all in Block XlX, Dubuque
Harbor Company's Addition; all of
Block XX, including the vacated
343
Regular Adjourned Session, September 2, 1986
alley known as Lot A, in Dubuque
Harbor Company's Addition; Lol A,
Lot 1 and Lot 2, all in Block XXV,
Dubuque Harbor Company's Addi-
Communication of City Manager re-
questing Council approval of an Agree-
ment for Sale of Land for private
redevelopment by and between the Ci-
ty of Dubuque and Swiss Valley Farms
Co., Inc., presented and read. Council
Member Kluesner moved that the com-
municatlon be received and filed and
authorized approval. Secended by Coun-
ell Member Dcich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg, Man-
nlng, Simon.
Nays--Council Member Kronfeldt.
RESOLUTION NO. 209-86
RESOLUTION APPROVING THE
FORM AND CONTENT OF AN
AGREEMENT FOR SALE OF LAND
FOR PRIVATE REDEVELOPMENT
aND BETWEEN THE CITY OF
DUBUQUE AND SWISS VALLEY
FARMS CO., INC., AND AUTHORIZ-
lNG THE MAYOR AND CITY CLERK
TO EXECUTE SAID AGREEMENT
WITH SUCH CHANGES AS SHALL
BE NECESSARY.
WHEREAS, the City of Dubuque,
Iowa (the "City") did on May 19, 1986,
adopt an Urban Renewal Plan for the
Couler Valley Redevelopment Area Pro-
ject (the "Plan"); and
WHEREAS, in accordance with said
Plan, the City is pursuing the acqulsi-
tion of the following legally-described
properties Ithe "Properties") so that it
may make them available for sale and
redevelopment, to wit:
Lot ] allot 74 and the easterly 11 feet
of Lot 1 of Lot 2 of Lot 75; Lots 80 and
81 and the north half of the vacated alley
adjacent to the south of Lots 80 and 81;
and, all of Lots 82 through 85 and Lots
90 through 93 and the alley easements
between and adjacent to said lots; all in
Park Addition to the City of
Dubuque, Iowa.
WHEREAS, Swiss Valley Farms Co.,
Inc. (the "Company") has submitted a
detailed, signed proposal for purchase of
said Properties for the purpose of
redevelopment as an hxdustrial facility;
and
WHEREAS, under date of July 7, 1986,
the City Council by Resolution No.
148-86. did: (1) establish the disposition
price of said Properties to be the mnount
of $80,000; (2) accept the proposal of the
Company to enter into an agreement
with the City for the sale and redevelop-
merit of said Properties as being in the
public interest and in furtherance of the
purposes of the Plan and the Urban
344
Regular Adjourned Session, September 2, 1986
Renewal Law; (3) determine that the
Company possesses the qualifications,
financial resources and legal ability
necessary to acquire and redevelop said
Properties in accordance with the Plan;
(4) authorize and direct the City
Manager to have prepared for City
Council adoption a contract for purchase
of land for private redevelopment by and
between the City and Company; and (5)
authorize and direct the City Clerk to
secure publication of an Official Notice
in the Telegraph Herald, a newspaper
having a general circulation in the com-
munity, of the intent of the City Coun-
cil to enter into an agreement for pur-
chase of land for private redevelopment
by and between the City and Company
on or after the twenty-first of July, 1986;
and
WHEREAS, pursuant to City Coun-
cil ?drectJon, the City Manager has caus-
ed to be prepared an Agreement for Sale
of Land for Private Redevelopment by
and between the City of Dubuque, Iowa,
and Swiss Valley Farms Co., Inc., con-
sisting of Parts I and II and including
attachments thereto which Agreement
is attached hereto and made a part
hereof.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the form and content
of said Agreement, including all at-
tachments, be and the same are hereby
approvec~ authorized and confirmed and
the Mayor and C~ty Clerk are hereby
authorized, empowered and directed to
execute, seal and deliver said Agreement
for and on behalf of the City of Dubu-
que in substantially the form and con-
tent now before this meeting but with
such changes, additions, modifications
and deletions therein as shall to them
seem necessary, desirable or appropriate,
their acceptance thereof to constitute
conclusive evidence of their approval of
any and all changes, modifications, ad-
ditions or deletions therein from the
form and content of sald Agreement now
before this meeting.
Passed, approved and adopted this
2nd day of Sept., 1986.
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 Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--Council Member Kronfeldt.
ORDINANCE NO. 59-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE C1-
TY OF DUBUQUE, IOWA, BY ENAC-
TING NEW SECTIONS 1-15, 1-16 AND
1-17 THERETO PROVIDING FOR
PROCEDURES AND CIVIL
PENALTIES FOR MUNICIPAL IN-
FRACTIONS, said Ordinance having
been presented and read at the Council
Meetlnge of August 4, 1986 and August
18, 1986, presented for final adoption.
Council Member Kluesner moved that
this be considered the third reading and
final adoption of the Ordinance. Second-
ed by Council Member Simon. Carried
by the following vote:
Yeas--Council Member Kluesner,
Krieg, Kronfaldt, Manning, Simon.
Nays--Mayor Brady, Council
Members Deich.
ORDINANCE NO. 59-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING NEW SECTIONS 1-15, 1-
16 and 1-17 THERETO PROVIDING
FOR PROCEDURES AND CIVIL
PENALTIES FOR MUNICIPAL
INFRACTIONS,
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Seclioll 1. Thai the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended bv enacting new Sections
1 15, 1-16 and 1-17 thereto as follows:
ARTICLE II. CIVIL PENALTY
"Section 1-15. Definitions.
Regular Adjourned Session, September 2, 1986
Sec. 1-16. Violations, i)enaffles, and
alternative relief.
Ca) A munlcioal Infraction Is ounish-
able bE a ci,/ll peanlt,/as provided Jn
the following schedule, unless a spe-
cific schedule of civil 0enalties is
provided for specific offenses elsa-
where in the Code.
Schedvle of Civil Penalties
First offense S50.00
Second res)eat offense SlOG.g0
All other re0eat offense S200.00
Cb) Each day that o violation occurs
or is permitted to exist bE the viola-
tor constitutes a separate offense.
Cc) Seeking a c v I penalty as author-
zed n this Chapter does not preclude
o city from seeking alternat ve relief
from the court In the same action.
Sec. 1-17. Civil c tutlans.
Ca) An,/officer authorized by the C tv
to enforce the Code of Ordinances
may issue a civil citation to a person
who commits o municipal infrac-
tion.
Ch) The citation may be served bv
Oersoanl service or bv certified mail,
return receipt reouested.
Cc) A COPy of the citation shall be sent
to the Clerk of the District Court.
Cc0 The citation shall serve as notifi-
cation that a cJvJJ offense has been
committed and shall contain the fol-
lowing information:
(1) The nome and address of the
violator.
(2) The name or description of the
infraction attested to bv the officer
issuing the citation.
(3) The location and time of the
infraction.
(4) The amount of civil l)enaltv to
be assessed or the alternative relief
sought, or both.
(5) The manner, Jocotion, and time
Jn which the penalty ma'/be l)aJd.
(6) The time and place of court
aogearance.
(7) The genaltv for failure to al)Dear
in court."
Passed, approved ond adooted this
2nd day of Sel)tember, 1986.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Tele-
graph Herald newsl)aPer this 9th dav
of September, 1986.
Mary A. Davis
City Clerk
It 9/9
BOARDS AND COMMISSIONS:
Housing Commission - Council Member
Kronfaldt moved that Charlotte Kelly,
Ed Markward and Phil Wulfekuhle be
reappointed and Diane Kennedy be ap-
pointed to three year terms which will
expire August 17, 1989.
Petition of The Brewing Co. re-
questing to transfer their Beer Permit
to Town Clock Plaza on September 13
and 14 AND Nites of the Square Table
to transfer their Beer Permit to 2nd &
Main (N/W corner) on Sept. 13,
presented and read. Council Member
Kluesner moved that the transfers be
approved. Seconded by Council Member
Delch. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg, Man-
ning, Simon.
Nays--None.
Abstain--Council Member Kronfeldt.
RESOLUTION NO. 210-86
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that
the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
Key City Bowling 3505 Stoneman Road
Imperial Lanes
Passed, adopted and approved this
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption af the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg, Man-
ning, Simon.
Nays--None.
Abstain--Council Member Kranfaldt.
RESOLUTION NO. 211-86
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinance of this City and have filed
proper bond;
NOW, THEREFORE BE IT
B, ESOLVED 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
Mulgrew Oil Co. ~300 Asbury
Asbury Fastop (Also Sunday Sales)
346
345
Regular Adjourned Session, September 2, 1986
Passed, adopted and approved this
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klueener moved
adoption of the Resolution. Seconded by
Council Member Deick. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Abstain--Council Member Kronfeldt.
RESOLUTION NO. 212-86
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 in-
spected and found to compny with the
State Law and all City Ordinances rele-
vant thereto and they have fried proper
bonds;
NOW, THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appli-
cant(s) a Liquor License.
Passed, adopted and approved this
2nd day of September, 1986.
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, Khiesner, Krieg, Man-
ning, Simon.
Nays--None.
Abetaln--Council Member Kronfeldt.
MINUTES SUBMITTED: Airport
Comm. of 8-12; Five Flags Comm. of
8-18; Historic Preservation Comm. of
8-12; Plumbing Board of 8-13; Public
Library of %15; Zoning Board of Adjust-
ment of 7-24; Mechanical Board of 8-19;
Cable TV Regulatory Summary of 8-20;
presented and read. Council Member
Deich moved that the minutes be receiv-
ed and filed. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Behr Farm & City Distributing
Co. in amount of $508.61 for backed up
sewer damages; Michael & Sandra Ell~s,
in unknown amount for backed up sewer
damages; Denhis Healy in est. amount
of $75 for property damsges; Paula Post
Selcher t and Lynda and Dennis Post vs.
State of Iowa, City of Dubuque and In-
terstate Power Co. in such amount in ex-
cess of $3,000 for personal injuries;
Duane R. and Ralph A. Jasper vs. City
of Dubuque and Interstate Power Co.,
for contribution of its equitable share of
judgement entered against Plaintiff for
injuries of Panla M. Selcbert; Chad
Streff, hi the amouht of $100,000 for per-
eenal injuries and property damages;
Ray Gross (Smali Claims Court) in the
amount of $2000 for inadequate sewer
servicing, presented and read. Council
Member Daich moved that the claims
and suits be referred to the Legal Staff
for investigation and report. Seconded
by Council Member Khiesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
347
Regular Adjourned Session, September 2, 1986
AugUSt 25, 1986
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 1985 Code of Iowa, as
amended, the Civil Service Commission conducted written
examinations for the position of MECHANIC on Wednesday,
August 13, 1986.. We hereby certify that the following
have Successfully passed the exam and are to be considered
for this position.
Garth, Francis A. Waverland~ Donald J.
Desch, Bernard H. Zenner, John S.
Milby, Merlin H. Behmer, Fred E.
Kirschbaum, Daniel R. Kress, Steven J.
Hoff, Steven D. Kremer~ Lawrence E.
LuGrain, Andrew J.
A second llst is available if needed.
Respectfully submitted,
(Robert M. Miller)
(Pat
Gerald Koppes)
ATTEST:
Mary A. Davis
Secretary
Council Member Deich moved the
communication be received and filed and
be made a matter of record. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, 'Council
Members Deich, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communications of Corporation
Counsel recommending settlement in
the amount of $1000 for personal injury
claim of Lyle M. Jackson; $24 for pro-
perty damage claim of Kathy Krause;
$12.11 for property damage claim of
Pete Meder; $20 for property damage
claim of Richard E. Wortley; $15L63 for
property damage clahi~ of Lawrence F.
Sawvet, presented and read. Council
Member Deich moved that the com-
muuications be received and filed and
settlements approved and the Finance
Director directed to issue the proper
checks. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communications of Corporation Coun-
cil recommending denlal and/or closure
of personal injury claim of Mr. and Mrs.
Arthur Hediey; Property damage claim
of Carol Heiderscbeit; Personal injury
~aim of Moxine Heitz; Property damage
claim of John L. Heiling; Property
damage claim of Robi G. Klaga, Sr.; Per-
sonalinjury claim of Lee Makovec; Pro-
perty damage claim of Ruby In-
vestments, presented and read. Council
Member Deich moved that the com-
munications be received and filed and
denials approved. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
members Deich, Kiuesner. Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Petition of Dubuque County Institu-
tional Accounts requesting Tax Suspen-
sion for four residents, presented and
read. Council Member Deich moved that
348
Regular Adjourned Sessio~ September 2, 1986
the petition be approved. Seconded by supplements to the Code of Ordinances;
Council Member Kluesner. and
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on City Financial Report for
Fiscal Year ending June 30, 1986,
presented and read. Council Member
Deich moved that the proof of publica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
City Manager submitting Financial
Reports for the month of July, 1986,
presented and read. Council Member
Dalch moved that the reports be receiv-
ed and filed. Seconded by Council
Member KIuesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
City Manager submitting Resalution
providing for adoption o2 Supplement
No. 27 to the Code of Ordinances,
presented and read. Council Member
Deich moved that the cor~rannication be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Delcb, Kluesner, Ktieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 213-86
ADOPTING SUPPLEMENT NO. 27 TO
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
WHEREAS, under date of November
16, 1981 the City Council, pursuant to
Ordinance 63-81, readopted the Code of
Ordinances of the City of Dubuque,
Iowa for ordinances adopted up to and
including Mm-ch 10, 1981; and
WHEREAS, since March 10, 1981 the
City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
WHEREAS, Section 380.8 of the
Code of Iowa provides that sup-
plements, by resolution, become part of
the Code of Ordinances.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Supplement No. 27 to
the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Dubuque, Iowa from December 17,
1985 though April21, 1986prepared by
the Municipal Code Corporation,
Tallahassee, Florida hereto filed in the
Office of the City Clerk of the City of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Iowa.
Passed, approved and adopted this
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members De,ch, Kluaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mitring response to petition received
from residents on West 3rd S~reet,
presented and read. Council Member
Kronfeldt moved that the communica'
tion be received and filed and affirmed
the information. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mltting response to petition received
from residents of Evergreen Drive,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed. Seconded by
Council Member Manning. Carried by
349
the following vote:
Yeas--Mayor Brady,
Members Deich,
Kronfaldt, Manning,
Nays--None.
Report
and read.
ed
Yeas--Mayor
Members Deich,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 214-86
RESOLUTION APPROVING CITY
OF DUBUQUE FISCAL YEAR 1986
STREET FINANCE REPORT
BE IT RESOLVED, BY THE CITY
COUNCIL OF THE CITY OF DUBU~
QUE, IOWA:
Section 1. That the Street Finance
Report, for the period July 1, 1985 to
June 80, 1986 be and the same is hereby
approved, and that the City Clerk is
hereby authorized and directed to file
said report with the Iowa Department
of Transportation, on or before
September 10, 1986.
Passed, approved and adopted this
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Kring,
Kronfaldt, Manning, Simon.
Nays--None.
Corporation Counsel submitting up-
dated list of outstanding claims pen-
ding, presented and read. Council
Member Deich moved that the list be
received and filed. Seconded by Council
Member Kluesner. Coxried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
City
Adopted -
Mayor
Council Members
ATTEST:
City Clerk
350
Regular Adjourned Session, September 2, 1986
the petition be approved. Seconded by
Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesnar, Krleg,
Krcufeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on City Financial Report for
Fiscal Year ending June 30, 1986,
presented and read. Council Member
Deich moved that the proof of publica-
tion be received and flied. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kineaner, Krleg,
Kronfaldt, Manning, Simon.
Nays--None.
City Manager submitting Financial
Reports for the month of July, 1986,
presented and read. Council Member
Deich moved that the reports be receiv-
ed and filed. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich~ Kluesner, Krleg,
Kronfaldt, Manning, Simon.
Nays--None.
City Manager submitting Resolution
providing for ~doption of Supplement
No. 27 to the Code of Ordinances,
presented and read. Council Member
Deich moved that the communication be
received and filed. Seconded by Council
Member Kluesner Cra-r/ed by the hallow-
ing vote:
Yeas Mayor Brady, Council
Members Deich, Kluesner, l~rieg,
TIlE CITY OF BUBUQUE, IOWA
WHEREAS, under date of November
Ordiannco 08-81, roadopted the Code of
Ordinances of the City of Dubuque,
City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
supplements to the Code of Ordinances;
and
WHEREAS, Section 380.8 of the
Code of Iowa provides that sup-
plements, by resolution, become part of
the Code of Ordinances.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Supplement No. 27 to
the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Dubuque, Iowa from December 17,
1985 through April21, 1986prepared by
the Municipal Code Corporation,
Tallahassee, Florida hereto filed in the
Office of the City Clerk of the City of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Passed, approved and adopted this
day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Dalcfi moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
vote;
Yeas--Mayor Brady, Council
Members Deich, Kinsner, Krieg,
Kronfeldt. Manning, Simon.
Nays None.
Communication of City Manager sub
from residents on XAest 3rd Street,
)resented tn(] read Council Member
received and filed and affirmed
the information. Seconded by Council
Member Kluesner. Carried by the follow
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mitting response to petition received
from residents of Evergreen Drive,
presented and read. Council Member
the communica-
tion be received and filed. Seconded by
Council Member Manning. Carried by
349
r
Regular Adjourned Session, September 2, 1986
Nays--None.
the fallowing vote:
Yeas--Mayor Brady, Council 10:15 P.M. Council Member Kronfaldt
Members Deicb, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mittlng Fiscal Year 1986 Street Finance
Report covering the period of July 1,
1986 throught June 30, 1986, presented
and read. Council Member Deich mow
ed that the communication be received
and filed. Seconded by Council Member
Kluesnar. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 214-86
RESOLUTION APPROVING CITY
OF DUBUQUE FISCAL YEAR 1986
STREET FINANCE REPORT
BE IT RESOLVED, BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Street Finance
Report, for the period July 1, 1985 to
June 30, 1986 be and the same is hereby
approved, and that the City Clerk is
hereby authorized and directed to file
said report with the Iowa Department
of Transportation, on or before
September 10. I986.
Passed, approved and adopted this
2nd day of September, t986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member D&cb moved adop
ding, presented and read. Council
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
moved to go into Closed Session in
with Chapter 21.5 1 (c) to
discuss strategy with Counsel in mat-
ters that are presently in litigation.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
10:25 Council reconvened.
Mayor Brady advised Legal Counsel had
been given directions regarding
litigation.
There being no further business, Court-
cfi Member Kronfeldt moved to adjourn.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None,
Meeting adjourned at 10:26 P.M.
Mary A. Davis
City Clerk
Approved_ 1986
Adopted -- __ 1986
Mayor
City Clerk
ATTEST:
350
Regular Adjourned Session, September 2, 1986
the petition be approved. Seconded by
Council Member Klueener.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kriag,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on City Financial Report for
Fiscal Year ending dune 30, 1986,
presented and read. Council Member
Deich moved that the proof of publlca-
tlon be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
City Manager submitting Financial
Reports for the month of July, 1986,
presented and read. Council Member
Delch moved that the reports be recolv-
ed and filed. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich~ Kluesner, Kring,
Kronfeldt, Manning, Simon.
Nays--None.
City Manager submitting Resolution
providing for adoption of Supplement
No. 27 to the Code of Ordinances,
presented and read. Council Member
Delch moved that the communication be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
Yeas-Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays None.
RESOLVTION NO. 213-86
Al)OPTING SUPPLEMENT NO. 27 TO
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IBWA
WHEREAS, under date of November
16, 1981 the City Council, pursuant to
Ordinance 63-81, readopted the Code of
Ordinances of the City of Dubuque,
Iowa for ordinances adopted up to and
including March 10, 1981; and
WHEREAS, since March 10, 1981 the
City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
supplements to the Code of Ordinances;
and
WHEREAS, Section 380.8 of the
Code of Iowa provides that sup-
plements, by resolution, become part of
the Code of Ordinances.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Supplement No. 27 to
the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Dubuque, Iowa from December 17,
1985 through April 21, 1986 prepared by
the Municipal Code Corporation,
Fallahassee, Florida hereto filed in the
Office of the City Clerk of the City of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Iowa.
Passed, approved and adopted this
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Kluesner. Carried by
tho following vote:
Yeas--Mayor Brady, Council
~Iombers Deich, Klusner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager snb-
mitring response to petition received
from residents on West 3rd Street,
feinted and read Council Member
tJon be received and filed m~d affirmed
tim information. Seconded by Council
~ember Kluesner. Carried by the follow
ing vote:
Yeas Mayor Brady, Council
Members Deieh, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mitring response to petition received
residents of Evergreen Drive,
and read. Council Member
Kluesner moved that the communica-
tion bo received and filed. Seconded by
Council Member Manning. Carried by
349
Regular Adjourned Session, September 2, 1986
Nays--None.
the following vote:
Yeas--Mayor Brady, Council 10:15 P.M. CouncilMember Kronfeldt
Members Dalch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of City Manager sub-
mittiag FiscalYear 1986 Street Finance
Report covering the period of July 1,
1986 throught June 30, 1986, presented
and read. Council Member Dalch moo-
ed that the communication be received
and filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESOLUTION NO. 214-86
RESOLUTION APPROVING CITY
OF DUBUQUE FISCAL YEAR 1986
STREET FINANCE REPORT
BE IT RESOLVED, BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Street Finance
Report, for the period July 1, 1985 to
June 30, 1986 be and the same is hereby
approved, and that the City Clerk is
hereby authorized and directed to file
said report with the Iowa Department
of Transportation, on or before
September 10, 1986.
Passed, approved and adopted this Mayor
2nd day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adoF
fion of the Resolution, Seconded by
Council Member Kluesner Carried by
the following vote:
received and filed. Seconded by Council
Member Kluesner. Carried by tho follow-
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
moved to go into Closed Session in ac-
cordanco with Chapter 21.5 1 (c) to
discuss strategy with Counsel in mat-
ters that are presently in litigation.
Seconded by Council Member Klueener.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Kriag,
Kronfeldt, Manning, Simon.
Nays--None.
10:25 Council reconvened.
Mayor Brady advised Legal Counsel had
been given directions regarding
litigation.
There being no further business, Coun-
cil Member Kronfeldt moved to adjourn.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Manning, Simon.
Nays--None.
Meeting adjourned at 10:26 P.M.
Mary A. Davis
City Clerk
Approved_ 1986
Adopted 1986
350
Special Session~ September 8, 1986
OFFICIAL
Special Sesssinn, September 8, 1986.
Council met at 7:00 P.M, Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfeldt, Manning, City Manager W.
Kenneth Gearhart.
Absent: Council Member Simon and
Corporation Counsel Barry A. Lindahl.
Mayor Brady read the call and stated
that this meeting is called for the put-
pose te receive input and determine the
City's final decisinn on the further
development of the Third Street
Overpass.
After discussion, Council Member
Kranfeldt moved to defer action on co.n.~
structinn of 3rd Street Overpass untn
such time the concerns can be address-
ed and answered back in two weeks by
the Staff. Seconded by Council Member ATTEST:
Manning. Vote on the motion was as
follows:
Yeas--Council Members Krieg,
Kronfaldt, Manning.
Nays_Mayor Brady, Council
Members Deich, Kinesner.
Absent--Canncil Member Simon.
Council Member Kluesner moved that
this item be placed on the Agenda for
9115186 with certain information to be
made available to Conncil from ~he staff
for alley access between 3rd and 4th
Streets; access to Juilen property with
regard go involved IDOT design and
HPC and support letter why 2nd Street
no~ viable, an~ fo work with all
businesses on both sides. Seconded by
Council Member Krleg. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kineener, Krieg.
Nays--Council Members Kronfeldt,
Manning.
Absent--Council Member Simon.
There being no further business, Coun-
cil Member Kranfeldt moved to adjourn.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Krieg,
Kronfeldt, Manning.
Nays--None.
Absent--Council Members Simon.
Meeting adjourned at 9:29 P.M.
Mary A. Davis
City Clerk
Approved__ __1986
Adopted _ 1986
James E. Brady
Mayor
Council Members
City Clerk
351
Regular Session, September 15, 1986 /
THROUGH 38-40 THE~%
OFFICIAL
Regular Session, September 15, 1986.
Council met at 7:30 O'Clock P.M.
Public Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Kring,
Kronfeldt, Manning, Simon, City
Manager W. Kenneth Gearhart, Cot~
poration Couneel Barry A. LindahL
Mayor Brady reed the call and stated
that this meeting is the REGULAR
SESSION of the City Council colled for
the purpose to act upon such business
which may properly come before the
Council.
The Invocation was given by Rev.
George Bauman, pastor of the Holy
Trinity Lutheran Church.
PROCLAMATIONS: September
17-23 as ,'Constitution Week"; Week of
September 14th as "Toxic Cie[m-Up
Week" received by Panla Ginter;
September 19th as "MIA/POW Day"
received by Walter Davis.
Council Member Kluesner moved to
suspend the rules to let anyone present
address the Council. Seconded by Coun-
cil Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kring,
Kronfeldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
P,~bilshar, on Notice of Pabilc Hearing
to consider an Ordinance providing for
the regulating of Taxicabs, Taxicab
operators and Taxicab Drivers,
presented and read. There were no writ-
ten objections received and no oral ob-
jectors present at the time of the Hear-
lng. Council Members Klueaner moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 73-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 38o16
THROUGH 38-23 AND SECTIONS 8-31
ENACTING NEW SECTIO~
THROUGH 33-25 A~D SEC~
33-3~ THROUGH 83-45 IN L~
THEREOF PROVIDINE FOR TI~
REGULATING OF TAxICabS, TAX-
ICAB OPERATORS ~D TAXICAB
DRIVERS, s~d Or~ ha~g ~n
presen~d ~d ~ad at the Counc~
M~t~g of ~pmm~r 2, 1986 ~n~
for fin~ adoption. Council Member
~uesn~ mov~ ~ edopfian of the
&n~. Seeond~ by Council Member
Deich. C~i~ by tbe fo~owing vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
M~ng, Simon.
Nays--Nnne.
ORDIN~CE NO. 73-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
',PEALING SECTIONS 38-16
THROUGH ~-23 AND SECTIONS
38-31 THROUGH 38-40 THEREOF
AND ENACTING NEW SECTIONS
38-16 THROUGH 38-25 AND SEC-
TIONS 38-31 THROUGH 38-45 IN
LIEU THEREOF PROVIDING FOR
THE REGULATING OF TAXI-
CABS, TAXICAB OPERATORS
D TAXICAB DRIVERS.
NOW THEREFORE, BE IT
ORD~NED BY THE CI~ COUN-
CIL OF THE CI~ OF DUBUQUE,
IOWA:
Section L That the Code of Or&-
nanc~ of tbe City of Dubuque, Iowa,
be amended by repeaBng S~tinns 38-
16 t~ough 38-23 and Sections 38-31
through 38-40 thereof and enacting
new Sections ~-16 t~ough 38-25 and
Sections 38-31 through 38-45 in lieu
ther~f as follows:
~TICLE II. TAXICABS
DIViSiON L GENERALLY
"S~. 38-16. Definitions.
The foilo~ng words and phrases,
used in t~s ~ticle, sha~ have
352
Special Session, September 8, 1986
'CITY
OFFICIAL
Special Sesssion, September 8, 1986.
Council met at 7:00 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, City Manager W.
Kenneth Gearhart.
Absent: Council Member Simon and
Corporation Counsel Barry A. LindahL
Mayor Brady read the call and stated
that this meeting is called for the pur-
pose to receive input and determine the
City's final decision on the further
development of the Third Street
Overpass.
After discusslon, Council Member
Kronfeldt moved to defer action on con-
struction of 3rd Street Overpass until
such time the concerns can be address-
ed and answered back in two weeks by
the Staff. Seconded by Council Member
Manning. Vote on the motion Was as
follows:
Yeas--Council Members Krieg,
Kronfaldt, Manning.
Nays--Mayor Brady, Council
Members Daich, Khiesner.
Absent--Council Member Simon.
Council Member Kluesne~ moved that
this item be placed on the Agenda for
9/15/86 with certain information to be
made available to Council from the Staff
for alley access between 3rd and 4th
Streets; access to Jullen property with
regard to involved IDOT design and
HPC and support letter why 2nd Street
not viable, and to work with all
businesses on both sides. Seconded by
Council Member Krieg. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg.
Nays--Council Members Kronfeldt,
Manning.
Absent--Council Member Simon.
There being no further business, Coun-
cil Member Kronfaldt moved to adjourn.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delan, Khiesner, Kring,
Kronfeldt, Manning. Nays--None.
Absent--Council Members Simon.
Meeting adjourned at 9:29 P.M.
Mary A. Davis
City Clerk
Approved__ _1986
Adopted _ 1986
James E. Brady
Mayor
Council Members
ATTEST:
City Clerk
331
Regular Session, September 15, 1986
~ rHROUGH 38-40 THEREOF AND
OFFICIAL
Regular Session, September 15, 1986.
Council met at 7:30 O'Clcck P.M.
Public Library Auditorium.
Present: Mayor Brady, Council
Members Deinh, Klueaner, Krieg,
Kronfeldt, Mannlng, Simon, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindahl.
Mayor Brady read the call and stated
that this meeting is the REGULAR
SESSION of the City Council called for
the purpose to act upon such business
which may properly come before the
Council.
The Invocation was given by Rev.
George Baumun, Pastor of the Holy
Trinity Lutheran Church.
PROCLAMATIONS: September
17-23 as "Constitution Week"; Week of
September 14th as "Toxic Clean-Up
Week" received by Paula Ginter;
Septomber 19th as "MIA/POW Day"
received by Walter Davis.
Council Member Kluesner moved to
suspend the rules to let anyone present
address the Council. Seconded by Coun-
cil Member Dalch. Cartied by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Kiuesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider an Ordinance providing for
the regulating of Taxicabs, Taxicab
operators and Taxicab Drivers,
presented and read. There were no writ-
ten objections received and no oral ob-
jectors present at the time of the Hear-
ing. Council Members Kluesner moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the following
Yeas--Mayor Brady, Council
Members Deich, Kiuesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 73-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 38-16
THROUGH 38-23 AND SECTIONS 8-81
ENACTING NEW SECTIONS 38-16
THROUGH 38-26 AND SECTIONS
38-31 THROUGH 38-45 IN LIEU
THEREOF PROVIDING FOR THE
REGULATING OF TAXICABS~ TAX-
ICAB OPERATORS AND TAXICAB
DRIVERS, said Ordinance having been
presented and read at the Council
Meeting of September 2, 1986 presented
for final adoption. Council Member
Klueener moved final adoption of the Or-
dinance. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Klueaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 73-86
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTIONS 38-16
THROUGH 38-23 AND SECTIONS
38-31 THROUGH 38-40 THEREOF
AND ENACTING NEW SECTIONS
38~16 THROUGH 38-28 AND SEC-
TIONS 38-31 THROUGH 38-45 IN
LIEU THEREOF PROVIDING FOR
THE REGULATING OF TAXI-
CABS, TAXICAB OPERATORS
~ND TAXICAB DRIVERS.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Sections 38-
16 through 38-23 and Sections 38-31
through 38-40 thereof and enacting
new Sections 38-16 tircough 38-25 and
Sections 38-31 through 38-45 in lieu
timreof as follows:
ARTICLE II. TAXICABS
DIVISION L GENERALLY
"Sec. 38-16. Definitions.
The following words and phrases,
When used in this article, shall have
the following meatfings:
(a) Driver means any person who
operates a motor vehicle in the trans-
peation of persons, and who receives
wise paid, directly or indirectly.
(b) Extra luggage means luggage in
(c) Manifest means daily record pre-
pared by a taxicab driver of all trips
made by said di~ver showing time and
place of m~gin, destina6on, number of
each trip.
352
Regular Session, September 15, 1986
(d) Open stand means a public place
alongside the curb of a street or else-
where in the city wifish has been desig-
hated by the City Manager as reserved
exclusively for the use of taxicabs.
(e) Operator or holder means a per-
son to whom an operator permit has
been issued by the City.
(f) Rate card means a card issued by
she operator for display in each taxi-
cab and which contains the rates of
fare then in force,
(g) Related group ~neans a single tele-
phone call to the taxicab company to
pick up nmre than one person with no
more than two suitcases per person
from the same point of origin to the
same desfinatlon.
(t0 Taxicab means a motor vehicle
regularly engaged in the business of
can'ying passengers for hire, having a
seating capacity of less than ten (10)
persons and not operated on a fixed
(i) Taximeter means a meter instru-
ment or device attached to a taxicab
whish measures electronically the dis-
tance driven and the waiting ti~ne
upon which the fare is based.
(j) Waiting time means the time when
a taxicab is not in motion from the
time of acceptance of a passenger or
passengers to the ti~ne of discharge, but
does not include any time that the
taxicab is not in motion if due to any
cause ot%r than the request, act or
fault of a passenger or passengers.
Sec. g8-17. Taxicab service.
All persons engaged in the taxicab
business in the city shall render an
overall service to the public desiring
to use taxicabs. Holders of operator
permits shall maintain a central place
of business and shall answer all calls
received by them for services inside the
corporate limits of the city as soon as
they can do so; ff said services cannot
be rendered within a reasonable time,
they shall then notify the prospective
passengers how long it will be before
she said call can be answered and give
the reason therefor. Any holder who
shall refuse to accept a call anywhere
in the city at any time when such
l~dider has av~dlable cabs, or who shall
fail or refuse to give overall service,
shall be deemed a violator of this arti-
cle and the permit granted to such
holder shall be subject to revocation or
face of the taximeter shall be illumin-
ated.
Sec. 3849. Rates.
(a) The operator shall fix and estab-
lish rates and chm'ges for the trans-
vn~:hin the city
limits fro' the following services:
1) one passenger;
(2) two or more passengers, same
points of origin and destination, for
related groups and unrelated groups;
(3) two or more passengers, same
points of origin but different destlna-
tions;
(4) various points of origin and desti-
nation;
(5) extra luggage; and
(6) waiting sharges.
(b) No driver shall permit any other
person to occupy or ride in said taxi-
cab, unless the person or persons first
employing the taxicab shall consent to
the acceptance of additional passenger
or passengers. ' d
(c) A copy of the operator s rates an
charges shall be placed on file w~th the
City Clerk and no increase and/or
decrease of sucl~ rates and charges
shall become effective until ten (10)
days after such change or changes is
placed on file with the City Clerk and
published at least one time at the oper-
ator's expense in a newspaper of gem
eral circulation in the city.
(d) Every taxicab shall have expos?d
in a conspicuoUS place, in dear vmw
within the passenger compartment, a
printed rate card large enough to be
read by the passengers in the taxicab,
showing the rates as on file wish she
City Clerk, and it shall be unlawful to
operate, or permit to be operated, any
taxicab unless such rates are posted as
provided in this section.
Sec. 38-20. Issuance of receipts.
The driver of any taxicab shall upon
request, furnish any passengm' a receipt
for the amount charged, either by a
mechaaically printed receipt or by a
specially prepared receipt, on which
shall be shown the name of the taxicab
operator, the driver's name and license
number, the taxicab license number,
the date and the items for which
ct~m'ges are made,
Sec. 38-21 Refusal of passenger to
pay legal fare.
It shall be unlawful for any person
to ret~tse to pay the legal fare after
h~vi.g hired the taxicab, and it shall
353
Regular Session, September 15, 1986
authorized and empowered to establish
open stands in such place or places
upon tire streets of the city as deemed
necessary for the use of taxicabs
o.erated in the city. The City Manager
s~ali prescribe the number of cabs that
shall occupy such open stands·
(b) Open stands shall be used by the
~lifferent drivers on a first come first
served basis· The driver shall pull on
to the open stand from the rear and
shall advance forward as the cabs
ahead pull off. Drivers shall stay
within five feet of their cabs and shall
not engage in loud or boisterous talk
while at an open stand· Nothing in this
artlcle shall be construed as preventing
a passenger from boarding the cab of
the passenger's choice that is pm'ked at
open stands.
~ec. 38-2g. Solicitation, acceptance
~nd discharge o, f P.a S~Soe~cig~ rns~ s s e n g er s
(a) No driver snans ~ .
for a tax!cab except when sitting m
the driver s compartment of such taxi-
cab or while standing immediately
adjacent to the curbslde thereof- The
driver of any taxicab shall remain in
the driver's compartment or immedia-
for any driver of a taxicab to solicit
business for any hotel, or to attsmpt to
divert patronage from one hotel to
another. Neither shall such driver
engage in selling intoxicating liquors or
use the vehicle for any purpose other
than for taxicab service.
Sec. 38-24. Manifests.
(a) Every driver shall maintain a daily
manifest upon which are recorded all
trips made each day, showing time and
place of origin and destination of each
trip and amount of fare and all such
completed manifests shall be returned
to the owner by the ddrlver at the con-
clusion of the tour of duty. The forms
for each manifest shall be furnished to
the driver by the owner.
(b) Every holder of an operator per-
mit shall retain and preserve ali driv-
ers' manifests in a safe place for at
least the calendar year next preceding
the current calendar year, and said
mmfifests shall be open to inspection
by the Police Department.
Sec. 38-28. Vehicles, license and
maintenance.
(a) Every vehicle used as a taxicab
shafi be licensed by the State of Iowa.
(b) Every taxicab shall be kept in a
lely adjacent to the velilcle at all times and operating condition at all
when such vehicle is upon the public safe
street, except that when n?ces, saglYc,aba. times. Any police officer is hereby
either on complaint of any
driver may be absent from the mx , or without such complaint, to
and provided further that nothing ~ the vehicle and, upon discovery
h,~rcin contained shall be held to pro- of any unsafe condition, to notify the
hibit any driver fi, om operating said taxicab to cease
street or sidewalk for the purpose Thereupon said taxicab
assisting passengers into or out off the streets until the
vehicle.
(b) No driver shall solicit patronage unsafe condition lmsbeen corrected.
in a loud or annoying tone of voic9 or Every taxicab shall be kept in a
by sign or in any manner annoy any and mnltary condition,
person or obstruct the movement of DIVISION 2.
any persons, or follow any person for PERMITS AND LICENSES
thepm, poseofsollcitingpatronage. ~'Sec. 38-31. Operator permit -
· ' required.
(c) Drivers of taxicabs shall not recewe No person shall operate ox' permit a
or dischm'ge passengers in the roadway
but shall pull up to tim right-hand molar vehicle to be operated as a vehi-
sidewalk as nearly as possible or, in the cie for hire upon the stseets of the city
absence of a sidewalk, to the extreme without fu'st having obtained a taxicab
; from the City.
right-hand side of the road and there
receive or discharge passengers, except 38-32. Application.
upon one-way streets, where passengers An application fox' a taxicab opera-
may be discharged at either the right shall be filed with the City
or left-hand sidewalk, or side of the Manager upon a form provided by the
roadway in the absence of a sidewalk. City. Such application shall be veri-
(d~ No chqver shall permit mm'e pas- lied under oath and shall contain the
sengers to be car~ied in a taxicab than following information:
the rated seating capacity of the taxi- (1) name and address of the appli-
cab. A child in arms shall not be
counted as a passenger.
(e~ Nc ddriver shall refuse or negiect
cant;
(2) prior experience o[ the applicant
in the transportation of passengers;
354
Regular Session, September 15, 1986
(4) location of the proposed depot thereto, nor by any default of the
sssured in payment of the premium, or
terminal; · · ' ed in the giving of any notice required by
(5) color scheme or inmgma to oe us
to designate the vehicle or vehicles of said policy, or otherwise, not by the
death, insolvency, bankruptcy, legal
the applicant; and · d '
(6) such further information as the incapacity or inability of the assure ·
City Manager may reasonably require. (d) The failure of any pennlt holder
Sec. 38-33. Hearing on application, to maintain such policy in full force
Upon the filing of an application for
a taxicab operator permit, the City
Coundl shall fix a time and place for ~a
public hearing thereon· Notice of such
hearing shall be given to the appficant
and to all persons who hold valid taxi-
cab operator permits. Any interested
person may file with the City Clerk }
memorandum in support of or oppom-
tion to the issuance of the permit at
any time prior to the time set for such
hearing.
Sec. 38-34. Insurance prerequisite
to issuance, continuance in effect.
(a) As a condition to granting the taxi-
cab operator permit required under
this division, the person seeking such
permit shall file in the office of the
City Clerk, a Certificate of Insurance
for a motor vehicle operator liability
insurance policy, issued by a company
authorized to do business in the state,
on a form to be approved by the Cot-
poratlan Counsel·
(b) The minimum lhnits of such pol-
icy shall be as follows:
(1) To cover the assured's liability
for personal injury or death of one
person, as the result of one accident,
or other cause, one hundred thousand
dollars ($100,~00.00).
(2) To cover assured's liability for
personal injury er death of more
than one person, as the result of one
accide ~t or osher cause, three hun-
ddred thousand dollars ($200.000.00).
of such p~oposec~ suspensiop, cancella-
and effect throughout the life of she
permit shall be grounds for revocation
of the permit by the City Manager,
and, upon such revocation, such permit
holder shall cease business as a taxicab
operator unless and until the permit
has been reissued by the City Council.
Sec. 38-35. Fees.
No taxicab opm'ator permit shall be
issued or continued in operation unless
the belder thereof has paid an annual
permit fee of ton dollars ($10.00) for
the right to engage in tim taxicab busi-
ness and an annual fee of twenty-five
($25.00) for each vechicle. Such fees
shall be for one year starting April first
and shall be in addition to any other
license fees or chm'ges established by
proper authority and applicable to
such holder and the vehicle or vehicles
under the holder's operation and con-
t~'ol.
Sec. 38-36. Findings prerequisite to
(a) If the City Council finds upon the
public hearing, as provided in Section
38-33, that the xpplicant is fit, willing
and sh]e to perfor~n such public trans-
portation and to conform to the provi-
sions of fids article and the laws of the
State, then the City Council shall issue
a taxicab operator permit stating the
xmme and address of the applicant, and
the date of issuance; otherwise the
appficaimu shall be denied.
State of Iowa, the violations of which
of the proposed action to be taken and
Regular Session, September 15, 1986
shall have an opportunity to be heard
by the City Council.
Sec. 38-38. Tag to be fastened to
vehicle.
The taxicab lioense tag or plate
issued by the City as evidence of an
operator permit shall be fastened upon
the velficle and shall not be removed
until the expiration of the permit.
Sec, 38-39. Transfer restricted.
No taxicab operator permit may be
sold, assigned, mortgaged or otherwise
~ransferred without the consent of the
City Council.
Sec. 38-40. Taxicab driver's
license.
No person shall operate a taxicab
for hire upon the stxeeto of the city,
and no person who owns or controls a
taxicab shall permit it to be so driven,
ance before the City Manager to offer
evidence why the apphcation should be
reconsidered.
Sec. 38-43. Issuance of license -
duration - annual fee.
(a) Upon approval of an application
for a taxicab driver's license, the City
Manager shall issue a license to the
applicant upon the payment of five
dollars ($5;00). Such license shall be
in effect for the remainder of the cal-
endm' year. A license for every calen-
dar year thereafter shall be issued
upon the payment of five dollars
($5.00) unless the license for the pre-
ceding year is in suspension
has
Var
been revoked·
(b) The license shall be worn upon the
clottfing of the driver.
Sec. 38-44. Failure to comply with
and no taxicab licensed by the city
shall be so driven at any time for hire, City, State and Federal laws.
unless the driver of said taxicab shall Every driver licensed under tiffs arti-
have first obtained and shall have then cle shall comply with all City, State
in force a taxicab driver's license or tag and Federal laws. Failure to do so will
issued under the provisions of tiffs arti- justify the City Manager suspending or
revoking a ficense.
Sec. 38-41. Application for driver
(a) An application for a taxicab
driver's license shall be filed with the
City Manager's Office on a form pro-
vided by the City, and such applica-
tion shall be verified under oath and
shall contain the following informa-
(1) name and address of the appli-
(2) prior experience in the transpor-
(3) traffic convictions within the past
three yeoxs;
(4) statement certifying that the
applicant is physically able and men-
tally competent to perform the duties
of a taxicab driver; and
City Manager may ~easonably
Sec. 38.45. Suspension and revoca-
tion of license.
The City Manager is hereby given
the authority to suspend any driver's
~cense issued under this article for a
driver failing or refusing to comply
with the provisions of this article, such
suspension to last for a period of not
more than thirty (30) days· The City
Manager is also given authority to
revoke any driver's license for failure
to comply with the provisions of this
~rticle. Prior to the suspension or revo-
cation, the driver shall be given written
notice of the proposed action to be
taken and shall have an opportunity to
be heard by the City Council, which
Passed, approved and edopled this
Prcs~f of publication, certified to by the
Publisher, on Notice of Hearing on Plans
Specs. for construction of Asphalt Paw
reports reqtfired to be attached tliere;o, lng Project No. 3 presented and read.
approve or reject the application. If There were no written objections receiv-
the application is rejected, the applL ed and no oral objectors present at the
cant may request a personal appear- time of the Hearing. Council Member
356
355
Regular Session, September 15, 1986
the re o~ nor by any default of the
(4) l~ca~t!on of P P .... [ assured in payment of t.h.e prem!um,,or
~e,rram, al, ,- ..... insi-nia to be used [ in the g?ing of any no,me req. m, red.~Y~
io~ em? scne.n,~ --~. ,~ ~hicles of ]said policy, or othervase, nos uy~
to designate me vemct- .......... ~ death-, insolvency, bankruptcy, lega~
the applicant; a . . inca acit or mahility of the a~ured.
CityManage~[ .Y __~:~.~ to maintain such policy m full force
Upon the firing of an application for
a taxicab operator permit, the City
Council shall fix a time and place for a
public hearing thereon. Notice of such
hearing shall be ~iven to the applicant
and to all persons who hold vahd taxi-
cab operator permits. Any interested
person may file with the City Clerk }
memorandum in support of or oppom-
tion to the issuance of the permit at
any time prior to the time set for such
hearing.
See, 38-34. Insurance prerequisite
to issuance, continuance in effect.
(a) As a condition to granting the taxi-
cab operator permit required under
tiffs division, the person seeking such
permit shall file in the office of the
City Clerk, a Certificate of Insurance
for a meter vehicle operator liability
insurance policy, issued by a company
authorized to do business in the state,
on a form to be approved by the Cot-
potation Counsel.
(b) The minimum limits of such pol-
icy shall be as follows:
(i) To cover the asst~ed's liability
for personal injury or death of one
pe~on, as the result of one accident,
or other cause, one hundred thousand
dollars ($100,000.00).
(2) To cover assured's liability for
personal injury or death of more
than one person, as the result of one
acclde r~ or other cause, three hun-
dred thousand dollars ($300,000.00).
(3) To cover the assured's liability
for damage to or destruction of prop-
erty other than that of the assured,
as the result of any one accident or
cause, fifty thousand dollars
($50,000.00).
(c) Each policy shall contain the fai-
lowing endorsement:
"It is understood and agreed that.
before the insurance poficy to which
this endorsement is attached may be
suspended, cancelled or materiaify
changed, the City of Dubuque will be''
given ten (10) days prior written notice
of such proposed suspension, cancella-
tion or material change.
It is firrther undetatood and agreed
ffiat the obligation of tiffs policy shall
and effect thi-oughout the life of the
perruit shall be g~ounds for revocation
of the pernfft by the City Manager,
and, upon such revocation, such permit
holder shall cease business as a taxicab
operator unless and until the permit
ms been reissued by the City Council.
lec. 38-35. Fees.
No taxicab operator permit shall be
ssued or continued in operation unless
,he holder thereof has paid an annual
permit fee of ton dollars ($10.00) for
the right to engage in the taxicab busi-
ness and an annual fee of twenty-five
($25.00) for each vechicle. Such fees
shall be for one year starting April first
and shall be in addition to any other
icense fees or charges established by
~roper authority and applicable to
such holder and the vehicle or vehicles
~nder the holder's operation and con-
trol.
Sec. 38-36. Findings prerequisite to
issuance; issuance; term.
(a) If the City Council finds upon the
public hearing, as provided in Section
38-33, that the applicant is fit, willing
md able to perform such public trans-
portation and to conform to the provi-
sions of this article and the laws of the
State, then the City Council shall issue
a taxicab operator permit stating the
~mme and address of the applicant, and
the date of issuance; otherwise the
application shall be de~ffed.
(b) The permit shall remain vaSd until
revoked by the City Council, or sur-
rendered by the applicant, so long as
the annual license fees hereinafter pro-
vided are paid.
Sec. 38-37. Suspension and revoca-
tlon of operator permit.
An operator permit issued under the
provisions of this article may be
revoked or suspended by the City
Core,cfi if the holder thereof has: (a)
violated any of the provisions of this
m. ticle; (b) discontinued operations for
more than sixty (60) days; or (c) has
violated any ordinances of the City or
the laws of the United States or the
State of Iowc., the violations of which
demol~strate the lack of fitness of the
bolder to offer public transportation.
$55
Regular Session, September 15, 1986
shall have an opportunity to be heard
by the City Council.
Sec. 38-38. Tag to be fastened to
vehicle.
The taxicab license tag or plate
issued by the City as evidence of an
operator permit shall be fastened upon
the vehicle and shall not be removed
until the expiration of the permit.
Sec. 38-39. Transfer restricted.
No taxicab operator permit may be
sold, assigned, mortgaged or otherwise
transferred without the consent of the
City Council.
Sec. 38-40. Taxicab driver's
No pe~on shall operate a taxicab
for hire upon the streets of the city,
taxicab shall pemfft it to be so driven,
and no taxicab licensed by the city
shall be so driven at any time for hire,
unless tlie driver of said taxicab shall
have first obtained and shall have then
issued under the provisions of this arti-
Sec. 38-41. Application for driver's
(a) An application for a taxicab
driver's license shall be filed with the
City Manager's Office on a form pro-
vided by the City, and such applies-
tion shall be verified under oath and
shall contain the following informa-
(1) name and address of the appfi-
(2) prior experience in the transpor-
tation of passengers; · ' - st
(3) traffic convictions vathm the pa
three years;
(4) statement certifying that the
applicant is physically able and men-
tally csmpetent to perform the duties
of a taxicab driver; and
(5) such further information as the
City Manager may reasonably
(b) The City Manager shall cause the
Police Department to investigate each
applicant fro' a taxicab license and a
report of such investigation shall be
attached to the application fro' consid-
eration by the City Manager. Such
report shall state whether or not the
applicant has a valid Iowa driver's
Sec. 38-42. Consideration of appli-
Thc City Manager shall, upon con-
sideration of the application and the
reports required to be attached thereto.
approve or reject the application If
the apphcatkm is rejected, tixe apt)ii
ance before the City Manager to offer
evidence why the application should be
reconsidered.
See. 38-43. Issuance of license -
duration - annual fee.
(a) Upon approval of an application
for a taxicab driver's license, the City
Manager shall issue a license to the
applicant upon the payment of five
dollars ($5.00). Such license shall be
in effect for the remainder of the cai-
endm' year. A license for every calen-
dm' year thereafter shall be issued
upon the payment of five dollars
($5.00) unless the license for the pre-
ceding year is in suspension
has
¼r
been revoked.
(b) The license shall be worn upon the
clothing of the driver.
Sec. 38-44. Failure to complY with
City, State and Federal laws.
Every driver licensed under shis arti-
cle shall comply with ail City, State
and Federal laws. Failure to do so will
justify the City Manager suspending or
revoking a license.
Sec. 38-48. Suspension and revoca-
tion of license.
The City Manager is hereby give~
the authority to suspend any driver s
license issued under this article for a
driver failing or refusing to comply
with the provisions of tiffs article, such
suspension to last for a period of not
more than thirty (30) days. The City
Manager is also given authority to
revoke any driver's license for failure
to comply with the provisions of this
article. Prior to the suspension or revo-
cation, the driver shall be given written
notice of the proposed action to be
taken and shall have an opportunity to
be heard by the City Council, which
shall affirm or reverse the suspension
or revoeaUon.
Passed, approved and adopted this
15th day of September, 1986.
Juntos E. Brady, Mayor
AT'rEST;
Mary A. Davis, City Clerk
Published officially in the Talega'aph
Herald newspaper this tat day of Octo-
ber, 1986. Mary A. Davis
City Clerk
Proof of publication, certified to by the
Publisher, on No~ice of Hearing on plans
Specs. for construction of Asphalt Pay-
lng Project No. 3 presented and re~d.
There were no written objections receiv-
ed and no oral objectors present at the
time of the Hearing. Council Member
356
Regular Session, September 15, 1986
Kluesner moved that the proof Of
publication be received and filed.
Seconded by Council Member Deich.
Carried by the fullowing vote:
Yeas--Mayor Brady, Council
Members Daich, Kinesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 215-86
WHEREAS, on the 27th day of
August, 1986, plans, specifications, form
of contract and estimated cost were ill-
ed wlth the City Clerk of Dubuque,
Iowa, for the Asphalt Paving Project
No. 3; and
WHEREAS, notice of hearing on
plans, specifications, form of contract,
and estimated cost was published as re-
quired by law.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL 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, adopted and approved this
15th day of September, 1986.
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
foliowing vote:
Yeas Mayer Brady Council
Members Deich, Kluesner, Krieg.
Kronfeldt, Manning. Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Bidders of the
Receipt of Bids for the project AND
Communication of City Manager recom-
mending to award contract for project,
presented and read. Council Member
Kluesner moved that the proof of
publication be received and filed.
Seconded by Council Member Deich~
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
AWARDING CONTRACT
RESOLUTION NO. 216-86
WHEREAS, sealed proposals have
been submitted by contractors for the
1986 Asphalt Paving Project No. 3 put-
Resolution No. 208-86 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa, on the 4th day of
September, 1986.
WHEREAS, said sealed proposals
were opened and read on the 9th day of
September, 1986 and it has been deter-
mined that the bid of River City Paving,
Inc. of Dubuque in the amount of
$186,463.15 was the lowest bid for the
furuishing of alllabor and materials and
performing the work as provided for in
the plans and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above im-
provement be awarded to River City
Paving, Inc. and the Manager be and is
hereby directed te execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon 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
15th day of September, t986.
James E. Brsdy
Mayor
ATTEST:
Mary A Davi~
City (le~k
Council Member Kluesnet moved
adoption of t"he Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Erieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of Corporation
Counsel submitting Access Easement
Agreement with the 3D Company for
public access through tbe Gallery Court
Building from the proposed Skywalk,
presented and read. Council Member
Kluesnsr moved that the communica-
Regular Session,
September 15, 1986
tlon be received and filed and anthoriz-
ed the Mayor to execute tho Agreement
and the Easement. Seconded by Coum
cfi Member Simon. Carried by the
following vote:
Yeas--Mayor Brady~ Council
Members Daich, Kluesner, Krieg,
Kranfaldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Hearing on pla~,,s
and Specs. for construction of Skywam
connecting Iowa Street parking Ramp
to the Gallery Court, presented and
read. There were no objections received
and no oral objectors present at the time
of the Hearing. Council Member
Kluesnar moved that the proof of
publication be received and filed.
Seconded by Council Member Simon.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 217-86
WHEREAS, on the 2nd day
September, 1986, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of Dubm
que, Iowa, for the Skywalk Connecting
Iowa Street parking Ramp to the
Gallery Court; and
WHEREAS, notice of hearing on
plans, specifications, form of contract,
and estimated cost was published as
quired by law.
NOW, THEREFORE, BE 1T
RESOLVED BY THE CITY COUN-
CIL OF TItE CITY OF DUBUQUE,
IOWA:
That the said plans, specifications,
hereby approved as the plans, specifica-
tions, form of contract and estimated
cost for said knprovements for said
project.
passed, adopt, ed and approved this
15th day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Reseintion. Seconded by
!ouncfl Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesnar, Krieg,
Kranfaldt, Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
Receipt of Bids for the project AND
Communication of City Manager recom-
mending to award contract for project,
presented and read.
Councll Member Kinsener moved that
the proof of publication and communica-
tion be received and flied. Seconded by
Council Member Simon. Carried by tho
following vote:
Yeas--Mayor Brady, Council
Members Daich, Klueaner, Krieg,
3[ronfaldt, Manning, Simon.
Nays--None.
AWARDING CONTRACT
RESOLUTION NO. 218-86
WHEREAS, sealed proposals have
been submitted by contractors for the
SKYWALK CONNECTING IOWA
STREET PARKING RAMP TO THE
GALLERY COURT pursuant to Resolu-
tion No. 205-86 and notice to bidders
published in a newspaper published in
the City of Dubuque, Iowa on the 5th
day of September, 1986.
WHEREAS, said sealed proposals
were opened and read on the llth day
of September, 1986 and it lias been
determined that the bid of Total Struc-
tures, Inc. of Dubuque in the amount of
$48,630.00 was the lowest bid for the
ftrrnishlng of all labor and materials and
performing the work as provided for in
the plans mad specifications.
NOW, THEREFORE, BF, IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the abe c m~
t"ures, Inc, m~d the Manager be and is
liereby directed to execut"e a cont"ract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon signing of said contract
and the approval of the contractor's
ban& the City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
passed, approved and adopted ti,As 15th
day of September, 1986.
358
357
Regular Session, Se
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Reeolution. Seconded by
Council Member Simon. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Planning and Zen-
lng Commission approving zoning re-
quest of Marvin Manders to reclassify
property at 2275 Elm Street from R-2A
to CS (with conditions), presented and
read. Council Member Simon moved
that the communication be received and
filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Keenfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Amending the Zon-
ing Ordinance and Zoning Map of the Ci-
ty of Dubuque by reclassifying proper-
ty at 2275 Elm St. from R-2A Alternate
Tw~-Family Residential District to CS
Commercial Service and Wholesale
District, with conditions, presented and
read. Council Member Simon moved
that this be considered the first reading
of the Ordinance, and that the require-
ment that a proposed Ordinance be con-
aldered and voted on for passage at two
council meetings prior to the meeting at
tember 15, 1986
munication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kranfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Amending the Zen-
lng Ordinance and Zoning Map of the Ci-
ty by reclassifying property at 4300
Asbury Road from AG Agricultural
District to R-1 Single Family Realden-
tial District, presented and read. Coun-
cil Member Simon moved that this be
considered the first reading of the Or-
dinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance
on the 6th day of October, 1986 at 7:30
o'clock p.m. in the Public Library
Auditorium and that the City Clerk be
directed to publish notice of the Public
Hearing in the manner prescribed by
law. Seconded by Council Member
Kronfeldt. Carried by the funowing vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Krunfeldt, Manning, Simon.
Nays--None.
Communication of planning and Zen-
[ lng Commission approving request by
~ Equatorial Communication on a Amend-
[ ment to the Zoning Ordinance to allow
I roof-mounted satellite dishes in non-
residential district, presented and read.
Council Member Simon moved that tho
which it is to be finally adopted be
suspended and further moved that a
Public Hearing be held on the proposed
Ordinance on the 6th day of October,
1986 at 7:30 o'clock p.m. in the Public
Library Auditorium and that the City
Clerk be directed to publish notice of the
Public Hearing in the manner prescrib-
ed by law. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Coromunication of Planning and Zen-
lng Commission approving zoning
reclassification for property at 4300
Asbury Road as requested by Resurrec-
tion Chruch, presented and read. Coun-
cil Member Simon moved that the com-
communication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kineaner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE Amending Zoning
Ordinance by repealing Section 4-4.1B
and enacting a new Section 4-4.1B in lieu
thereof, and repealing Section 4-1.5(3)
and enacting a new Section 4-1.5(3t in
lieu thereof, by clarifying the regulations
for satellite receiving dishes and to allow
roof-mounted satellite receiving dishes
in non-residential areas with certain pro-
visions, presented and read. Council
Member Simon moved that this be cQn-
sidered the first reading of the Or-
dinance, and that the requirement
359
Regular Sessiom Se
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*
lng be held on the proposed Ordinance
on the 6th day of October, 1986 at 7:30
o'clock p.m. in the Public Library
Auditorium and'that the City Clerk be
directed to publish notice of the Public
Hearing in the manner prescribed by
law. Seconded by Council Member
Kronfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kineaner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
Communication of City Manager
recommending to vacate the Heys north
of Pearl Street, and west of McCormick
Street as requested by the University of
Dubuque, presented and read. Council
Member Simon moved that the com-
munication be received and filed.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
An ORDINANCE vacating the alleys
north of Pearl Street and west of McCor-
mick Street and disposing of some to the
University of Dubuque upon payment
of $827.64 plus cost of platting, publica-
tion and filing fees, presented and read.
Council Member Simon moved that this
be considered the first reading of the Or-
dinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance
on the 6th day of October, 1986 at 7:30
o'clock p.m. in the Public Library
Auditorium and that the City Clerk
publish notice in the manner prescrib-
ed by law. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich. Kinesner. I~rieg,
Kronfaldt, Manning, Shuon.
Nays--None.
RESOLUTION NO. 219-86
RESOLUTION APPROVING PLAT
OF VACATED ALLEYS NORTH
OF PEARL STREET & WEST
OF McCORMICK STREET
)tember 15, 1986
WHEREAS, there has been presented
to the City Council of the City of Dubu-
que, Iowa a plat dated June 17, 1986
prepared by IIW Associates, Dubuque,
tows describing vacated alleys running
approximately 138 feet north of Pearl
Street, and approximately 230 feet west
of McCormick Street; and
WHEREAS, said plat conforms to the
laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
section 1. That the plat dated June 17,
1986 prepared by IIW Associates
· elative to the real estate hereinabove
~escribed be and the same is hereby ap-
oroved, and that the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to execute and plat for
and on behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
15th day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
.ion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Vlembers Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communication of Michael Hurm,
Committee President, requesting to ed'
dress the Council to report on the pro-
gress of the City's Festivals Committee,
~resented and read. Council Member
Krieg moved that the communication be
.eceived and filed. Seconded by Council
Member Manning. Carried by the follow-
ing vote:
Yeas Mayor Brady, Council
Members Deich, Kinesner, Krieg.
Kronfeldt, Manning, Simon.
Nays--None.
Mr. Hurm spoke to the Council as to
their activities.
Communication of City Manager
360
Regular Session, Sep._temloer 15, 1986
responding to questions concerning con-
structinn on Third Street Overpass,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed and that they
endorse the Third Street Overpass as
proposed by the Iowa Department of
Transportation. Seconded by Council
Member Deich. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Nays--Council Member Manning.
Abstain--Council Member Kronfaldt.
Attorney Al Hughes, representing the
people with property south of the Har-
bor, stressed the need of an access road
in this area.
Tom Smith, Don Dodge, and Pat
Mulgrew spoke to the need for emergen-
Communication of City Manager re-
questing approval of an Aga~ement with
Walker Parking Consultants of Min-
neapolis, MN to conduct a structural
system appraisal update of the Iowa St.
and Locust St. parking ramps and
authorize the City Manager to execute
said Agreement for an expenditure not
to exceed $12,350, presented and read
Council Member Krieg moved that the
communication be received and filed and
authorize the City Manager to execute
the Agreement. Seconded by Council
Member Kluesner. Carded by the follow-
lng vote:
Yeas--Council Members Klueaner
Krieg, Kronfaldt, Manning, Simon.
Nays--Mayor Brady, Council
Member Deich.
Communication of City Manager re-
questing approval to vacate alley con-
tlganus to City owner property at 14th
and Elm Streets and adopt a Resolution
approving the plat of the vacated alley,
presented and read. Council Member
Simon moved that the communication
bo received and filed. Seconded by Court-
61 Member Da{ch. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 74-86
AN ORDINANCE YACATING TItE
ALLEY BETWEEN ELM STREET
AND PINE STREET NORTH OF 14TH
STREET A DISTANCE OF 103,48
FEET, 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 final adoption of the
Ordinance. Seconded by Council
Member Deich. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Deich, Klusner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
ORDINANCE NO. 74-86
ORDINANCE VACATING THE
ALLEY BETWEEN ELM STREET
AND pINE STREET NORTH OF
14TH STREET A DISTANCE OF
t03.48 FEET
WHEREAS, Shive-Hattery Engi-
neers, Dubuque, Iowa, has prepared
and submitted to the City Council a
plat showing the vacated alley and
assigned lot numbers thereof, which
hereinafter will be known and
described as, "Lot 191A of East
Dubuque Addition in Dubuque, Iowa",
and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that this alley between Ehn Street and
Pine Street, north of 14th Street is no
longer required for public use and
vacating of said alley known as "Lot
191A of East Dubuque Addition in
Dubuque, Iowa" in the City of
Dubuque, Dubuque County, Iowa
should be approved.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the real estate
described as "Lot 19lA of East
Dubuque Addition in Dubuque,
Iowa" Dubuque County, Iowa be
and the same is hereby vacated.
Section 2.That the City Clerk be
361
Regular Session, September 15, 1986
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 24th day of
Septembex, 1986.
Mary A. Davis
City Clerk
It 9/24
RESOLUTION NO. 220-86
RESOLUTION APPROVING PLAT
OF A PORTION OF AN ALLEY
BETWEEN ELM & PINE STREETS,
PROM 14TH STREET TO LOT 187A
WHEREAS, there has been presented
to the City Council of the City of Dubu-
que, Iowa a plat dated August 22, 1986,
prepared by Shive-Hattery Engineers,
Inc., Dubuque, Iowa describing a per-
tion of a vacated alley between Elm and
Pine Streets, from 14th Street to Lots
187A; and
WHEREAS, said plat conforms to the
laws and statues pertaining thereto.
NOW, THEREFORE BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the plat dated August
22, 1986, prepared by Shive-Hattery
Engineers, Ina relative to the r~al estate
hereinabove described be and the same
is hereby approved, and that the Mayor
and City Clerk be and they are hereby
authorized and directed to execute said
plat for and on behalf of the City of
Dubuque, Iowa.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
15th day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Khiesner, Krieg,
Kronfeldt, MoJ~fing, Simon.
Nays--None.
Petition of Wal~lert High School re-
questing penrdssion to hold a Bonfire
Pep Rally the evening of October 15th,
presented and read.
Council Member Manning moved that
the petition be approved, subject to coor-
dinatian of the Fire Marshall and City
Manager. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Da{ch, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
BOARDS AND COMMISSIONS:
Airport Commission - 1 Six Year term
which will expire 9-14-92 {Terms of R.
Schmidt) - Applications: Frank Bertsch,
Robert Felderman, Carol L. Flynn, Joe
Holdiman, Thomas Manternach,
Michael J. Phillips, Craig A. Rose.
Vote on the appointment: Mayor
Brady for Flynn; Council Member Da{ch
for Phillips; Council Member Kluesner
for Bertsch; Council Member Krieg for
Bertech; Council Member Kranfaldt for
Phillips; Council Member Manning for
Bertech; Council Member Simon for
Bortech.
Therefore, Frank H. Bertech ap-
pointed to a six year term on the Air-
port Commission which will expires
9-14-92.
BUSINESS LICENSES: Dubuque
Jaycees requesting to transfer their Beer
Permit from 1023¼ Main Street to Four
~ounds Park on September 21st,
presented and read. Council Member
Deich moved that the request be approv-
ed. Seconded by Council Member Man-
ning. Carried by the fei{owing vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg, Man-
ning, Simon.
Nays--None.
Abstain--Council Member Kronfeldt.
RESOLUTION NO. 221-86
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bond;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
362
Regular Session, September 15, 1986
issued to the following named applicants
a Beer Permit.
CLASS "B" BEER PERMIT
Holy Trinity Parish 1701 Lincoln Ave.
(Also Sunday Sales)
Passed, adopted and approved this
15th day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dcich, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Abstain--Council Member Kronfeldt.
RESOLUTION NO. 222-86
WHEREAS, Applications for Liquor
Licenses have been subraltted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, the premises to be cc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rale-
vant thereto and they have filed proper
bonds;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appll*
cant(s) a Liquor License.
Elaine Kelly Highway 20 West
Coach House (Also Sunday Sales)
Patrick J. Berry and 1064 University
Gary Kupfer schmidt Whiskey River
LeRoy A. Miller 2616 Windsor Ave.
Whitey's Bar-X (Also Sunday Sales)
Dennis John Zirkelbach 55 Locust St.
Happy Hour (Also Sunday Sales)
William J. Baum §00 Rhomberg Ave.
Baum Shelter (Also Sunday Sales)
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Dubuque Motor Hotels, Inc. 1111 Dodge St.
Passed, adopted and approved this
15th day of September, 1986.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Dcich moved adop-
tion of the Resalutlon. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members deicb, Kluesner, Krieg, Man-
ning, Simon.
Nays--None.
Abstain--Council Member Kronfeldt.
Council Member Dcich moved to table
the Class "C" Liquor License applies-
lion for Angalo Mangeno's Hard Times
[~avern until the next Council Meeting
10-6). Seconded by Council Member
Simon. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Simon.
Nays--Council Members Kronfaldt,
Manning.
MINUTES SUBMITTED: Historic
Preservation Commission of 8-2; Hous-
ing Code Appeals Board of 8-20 & 9-2;
Housing Commission of 8-18; Planning
and Zoning Commission of 9~3;
presented and read. Council Member
Manning moved that the minutes be
received and filed. Seconded by Council
Member Deich. Carried by the following
Yeas--Mayor Brady, Council
Members Deich, Ktuesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Planning and Zoning Commission
minutes of 8-20, presented and read.
Council Member Kronfeldt moved that
the minutes be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
Communications of Corporation
Counsel recommending settlement of
personal injuries and damages of
363
Regular Session, September 15, 1986
Jeanette Hohmann in the amount oI
$2,046.61; and Settlement of personal in-
jury claim of Shirley A. Conrad in the
amount of $1500, presented and read.
Council Member Manning moved that
the communications be received and fil-
ed and approved settlements with the
Finance Director to issue the proper
checks. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Sharon Braem, in the amount
of $55.12 for personal property
damages; Leo Donovan, in the est.
amount of $240.45 for car damages;
Brian Scblarmann, in the amount of
$200 for car damages; Myron Turn-
meyer, in unkown amount for car
damages; Marilyn Wilson in unknown
amount for water damages; Darrell
Wilkinson in the amount of $59.28 for
tar damages to vehicle, presented and
read. Council Member Manning moved
that the claims and suits be referred to
the Legal Staff for investigation and
report. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krleg,
Kronfeldt~ Manning, Simon.
Nays--None.
Proof of publication, certified to by the
Publisher, on List of Claims paid for
month of July, 1986, presented and read.
Council Member Manning moved that
the proof of publication be received and
filed. Seconded by Council Member
Dcich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Krunfeldt, Manning, Simon.
Nays--None.
September 8, 1986
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 1985 Code of Iowa, as
amended, the Civil Service Commission conducted written examinations
for the position of POLICE OFFICER on September 4, 1985 and Physical
Agility Tests on October 10, 1985.
Police Chief Mauss has advised that the first list has been exhausted
and requests that the second list be certified.
We hereby certify that the following have successfully passed both
exams and are to be considered for this position.
Rohrs, Robert A. Flsch, William R.
Doyle, James R. Digman, John T.
Roberts, Craige E. Hiatt, Thomas J.
ATTEST:
Mary A. Davis
Secretary
Council Member Manning moved to
receive and file this communication and
resalved to make it a matter of record.
Respectfully submitted,
(Robert M. Miller) ~
(Gerald Koppes)~
IPat Dillon)~
Civil Service Commission
Seconded by Council Member Dcich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krleg,
Kronfeldt, Manning, Simon.
Nays--None.
364
Regular Session, September 15, 1986
September 8, 1986
Honorable Mayor and Members
of the City Council
In accordance with Chapter 400 of the 1985 Code of Iowa, as
amended, the Civil Service Com~ission conducted written
examinations for the position of HOUSING INSPECTOR I on Wednesday,
August 27, 1986. We hereby certify that the following have
successfully passed the exam and are to be considered for this
position.
Jungk, William J.
Moler, Timothy A.
Schaub, Robert J.
Davis, Harold D.
Kritz, Paul A.
Smith, Thomas J.
Westercamp, George C.
Erickson, John C.
Blanchard, Richard R.
Huseman, Joseph F.
A second list is available if needed.
Respectfully submitted,
(Gerald Koppes) ~'
ATTEST:
Mary A. [)avis
Secretary
Council Member Manning moved that
tbe communication be received and fil-
ed and resolved to make it a matter of
record. Seconded by Council Member
Deich Carried by the following vote:
Yeas Major Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
RESeLl TION NO. 223-86
RESOLIJTION APPROVING TilE
FINAL PI.AT OE LOTS 1 & 2 OF
OHMERT FARM~ SECTION g,
TOWNSHIP 88 NORTH, RANGE 2
EAST OF THE 5TH PRINCIPAL
MERIDIAN & OF THE SUBDIVISION
OF LOT 1 OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST
ONE-QUARTER, SECTION 34,
TOWNSHIP 89 NORTH, RANGE 2
EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE :CO., IOWA
WHEREAS, tkere has been filed with
the City Clerk a final plat of Lots i and
2 of Ohmert Earm, Section 3. Townsldp
88 North, Range 2 East of the 5th Prin-
cipal Meridian ~md of the Subdivision of
Lot I of the Southeast one-quarter of the
Southeast one-quarter, Section 34,
Township 89 North, Range 2 East of the
5th Principal Meridian in Dubuque
County, Iowa; and
WItE REAS, said fhn~d plat has been ex
amined by the Ciw Pl~mning m~d Zen
ing Colmmssion m~d they find that the
same conforms to the s[atutes and or-
dinmxces relating thereto, except that
the proposed Lot 1 of Ohmert Farm,
Section 3, Township 88 North, Rm~ge 2
East of the 5th Principal Meridian does
not have public street frontage; and
WHEREAS, said final plat has been
approved by the City Plamfing and Zon-
ing Commission on tho condition ~hat
the proposed Lot 1 of Ohmert Farm,
Section 8, Township 88 North, Range fi
East of the 6th Principal Meridian can-
not be developed except with aeeess to
public right-of-way; and , .
WHEREAS, said plat has been ex-
mined by the City Council and they
find that the same conforms to the
365
m
Regular Session, September 15, 1986
statutes and ordinances relating thereto,
except that the proposed Lot 1 of
Ohmert Farm, Section 3, Township 88
North, Range 2 East of tho 5th Principal
Meridian, does not have public street
frontage; and
WHEREAS, the City Council concurs
on the conditions of approval establleh-
ed by the City Planning and Zoning
Commission;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the final plat of Lots
I and 2 of Ohmert Farm, Section 3,
Township 88 North, Range 2 East of the
5th Principal Meridian and of the sub-
division of Lot i of the Southeast one-
quarter of the Southeast one-quarter,
Section 34, Township 89 North, Range
2 East of the 5th Principal Meridian,
Dubuque County, Iowa be and the same
is hereby approved and the Mayor and
City (Terk are hereby authorized and
directed to endorse the vpproval of the
City of Dubuque, Iowa ~pon said
Council Member Manning moved
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kranfeldt, Manning, Simon.
Nays--None.
Communications of Corporation
Counsel recommending denial and/or
closure of the following claims: Proper-
ty damage claim of John Hasken, Pro-
petty damages claim of JoAnn Orvis;
Property damage claim of Bruce
Rotherberger; Personal injury claim of
Judith A. Waiz, presented and read.
Council Member Manning moved that
the communications be received and fil-
ed and approved the recommendations.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Nays--None.
REFUNDS REQUESTED: Barbara
Travis, $75 on unexpired Cigarette
License, presented and read. Council
Member Manning moved that the re-
fund be approved and Finance Director
to issue the proper check. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady~ Ceuncil
Members Deich, Kluesner. Krieg,
Kronfeldt, Manning, Slinon.
Nays- None,
Petition of Thomas Trausch and
Charles Mm'phy requesting annexaticm
of Lot 1 of Lo~ 1 of Lot 1 of Key (]ate
Center and Lot I of 2 of 1 and Lot 2 of
2 of i of Key Gate Center located bet-
ween Metropolitan !teights IOld
Bellevue Road) and lis Highway 52
and 67, presented ar:d read Council
ti(m be referred ~o the Cit} M~ager and
Inc. presented and read. Council
Member Manning moved that the com-
munication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Nays--None.
366
Regular Session, September 15, 1986
September 8, 1986
Honorable Mayor and Members
of the City Council
In accordance with Chapter 400 of the 1985 Code of Iowa, as
amendedi the Civil Service Commission conducted written
examinations for the poaition of HOUSING INSPECTOR I on Wednesday~
August 27, 1986. We hereby cerbify that the following have
successfully passed the exam and are to be considered for this
Jungk, William J.
Moler, Timothy A.
Schaub, Robert J.
Davis, Harold D.
Kritz, Paul A.
Huseman, Joseph
A second list is available if needed.
Respectfully submitted,
(Robert M. Miller) /~~
,Chairper o
(Gerald Koppes) ~
(Pat Dillon) x-D.-~ ~
Civil Service Commission
ATTEST:
Mary A. Davis
Secretexy
Council Member Maturing moved that
the communication be received m~d fil-
ed and resolved to make it a matter of
record. Seconded by Council Member
Deich. Carried by the follozdng vote:
Yeas Mayor Brady, Council
Members l)eich, Kluesner. Krieg,
Kronfeldt, Manning, Shnon
Nays--None.
RESOLUTION NO. 223-86
RESOLUTION APPROVING TIIE
FINAl, PLAT OF LOTS 1 & 2 OF
OHMERT EARM, SECTION 3,
TOWNSItlP 88 NORTtl, RANGE 2
EAST OP THE 5TH PRINCIPAl,
MERIDI~' & OF TItE SUBDIVISION
OF LOT t OF TBE SOUTHEAST ONE-
QUARTER OP TIIE SOUTHEAST
ONE-QUARTER, SECTION 34,
TOWNSHIP 89 NORTH, RANGE 2
EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE CO,, IOWA
WHEREAS, there has been filed with
the City Clerk a fin~ plat of Lots 1 ~d
2 of Ohmert Farm, Section 3, Township
88 North, Range 2 East of the 5th Prin-
cipal Meridian and of the Subdivision of
, Lot 1 of t~he Southeast one-quarter of the
Southeast, one-quarter. Section 34,
Tovmship 89 North. Range 2 East of the
5th Principal Merid2an in Dubuque
County, iowa; and
WHEREAS. said final plat has been ex-
amined by the City Plmming amd Zon
ina Commission amd they find that the
same conforms to the statutes and
dinances relating thereto, except that
the proposed Lot 1 of Ohmert Farm,
Section 3. Township 88 NorttL Rmage
East of the 5th Principal Meridian does
not have public street frontage: and
WHEREAS, said final plat has been
approved by the City Planning and Zon-
ing Commission on the condition that
the proposed Lot I of Ohmert Farm.
Section 3. Township 88 North, Rm~ge 2
East of the 5th Principal Meridian cm,-
not be developed except with access to
public right-of-way; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the stone conforms to the
365
Regular Session
statutes and ordinances relating thereto,
except that the proposed Lot 1 of
Ohmert Farm, Soetion 3, Township 88
North, Range 2 East of the 5th Principal
Meridian, does not have public street
frontage; and
WHEREAS, the City Coancfl concurs
on the conditions of approval establish-
ed by the City Planning and Zoning
Commission;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the final plat of Lots
I and 2 of Ohmert Farm, Section 3,
Township 88 North, Range 2 East of the
5th Principal Meridian and of the sub-
division of Lot i of the Southeast one-
quarter of the Southeast one-quarter,
Section 34, Township 89 North, Range
2 East of the 5th Principal Meridian
Dubuque County, Iowa be and the sam~
is hereby approved and the Mayor and
City Clerk are hereby authorized and
directed ~o endorse the approval of the
City of Dubuque, Iowa upon said final
pla~, provided tlmt the owner of said pro-
hereto attached~ acknowledging and
agreeing:
a] That Lot J of Ohmert Farm~ Section
& Township 88 North, Range 2 East of
the 5th Principal Meridian cannot he
developed except with access to a pu h/i<
right-of-way.
Section 2. That in the event that the
provided for in Section 1 herein u'ithin
/brty five t451 days after the date of this
September 15, 1986
Counsel recommending denial and/or
closure of the following claims: Proper-
ty damage claim of John Hasken, Pro-
perty damages claim of JoAnn Orris;
Property damage claim of Bruce
Rotherberger; Personal injury claim of
Judith A. Walz, presented and read.
Council Member Manning moved that
the communications be received and fil-
ed and approved the recommendations.
Seconded by Council Member Delch.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfaldt, Manning, Simon.
Nays--None.
REFUNDS REQUESTED: Barbara
Travis, $75 on unexpired Cigarette
License, presented and read. Council
Member Manning moved that the re-
fund 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,
Kronfeldt, Manning, Simon.
Nays--None.
Petition of Thmnas Trausch and
Charles Murphy requesting annexation
of Lot ~ of Lot I of Lot i of Key Gate
Center and Lot 1 of 2 of 1 and Lot 2 of
2 of 1 of Key Gate Center located bet
ween Metropdiitan Heights (Old
Bellevue Read) and U.S. Highway 52
and 67, presented and read. Council
Member Mmmmg moved that the peti-
tion be referred to the City Manager and
Staff for implementation. Seconded by
Council Member Deich Carried by the
following ;ore:
Yeas Mayor Brady, Council
366
Regular Session, September
Zoning Commission approving final plat
of George Obmert Estate located south
of North Cascade Road and west of June
Drive, presented and read. Council
Member Manning moved that the corn,
mudication be received and filed.
Seconded by Council Member Dalch.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
Kronfeldt, Manning~ Simon. Nays--None.
~ml,ni~t..m of City Manager
tlon bo received and filed and accepted
tha rasignation wi~ regret. Seconded by
Council Member Daleh. Carded by
following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Kring,
Kranfaldt, Manning, Simon. Nays--None.
Communication of City Manager
responding to Nig~ngale Lane r~sidente
petition, presented and read. Council
Member Kranfaldt moved that the eom-
mudieation be received and filed.
Seconded by Council Member Kluasnar.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Kricg,
Kranfaldt, Manning, Simon. Nays--None.
Statement of Barb Martelle, an behalf
of Nightangale Lane, requesting Krieg
Bros. Ice to comply with the Noise
dinunee, presented and read. CounCil
Member Kranfeldt moved that
statement be received and filed. Second-
ed by Council Member Kluesnar. Castled
yeas--Mayor Brady, Council
1986 ~
Krunfeldt, Manning, Simon.
Nays~None.
Barb and Charles Martelle spoke to
the Council of their concerns in tNs area.
Communication of Group W Cable re-
questing City Council to approve the
final steps necessary to complete the
transfer of the Franchise to GWC 107,
Inc., presented and read. Council
Member Manning moved that the com-
munication be received ~td filed m~d
matter referred to the City Manager a~d
Staff. Seconded by Council Member
Daich. Carrie4 by ~he following voter
ye,s--Mayor Brady, Council
Members DeJciL K/uesner, Krieg.
1986
Approved~
1986
Adopted ~
Mayor
Council Membars
ATTEST:
City Clerk
r
Regular Session, October 6, 1986
OFFICIAL
Regular Session, October 6, 1986.
Council met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindahl.
Mayor Brady read the call and stated
that service thereof had been duly made
and tbis Meeting is the REGULAR
MONTHLY MEETING of the City
Council called for the purpose to act
upon such business which may proper-
ly COllie befnre the Council
Invocation was g~ven by Pastor Ted
Welch of the Faith [~apdst Chin ch.
received by Dolores Evers.
Proof of publication, certified to by the
to reclassify portion of property at 4300
tions received aud no oral objectors pre-
sent at the time of the Hearing. Coun-
cil Member Kluesner moved that the
proof of publication be received and fil-
ed. Seconded by Council Member
Kranfeldt. Carried by the following vote:
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon.
Council Member Kluesner moved ~o
Seconded by Council Member Kronfeldi.
Members Deich, Kluesner, Krieg,
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
"THE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA" BY RECLASSI-
FYING HEREINAFTER DESCRIBED
PROPERTY AT 4300 ASBURY ROAD
FROM AG AGRICULTURAL
DISTRICT TO R-1 SINGLE FAMILY
RESIDENTIAL DISTRICT, said Or-
dinance having been previously
presented and read at the Council
Meeting of September 15, 19gg.
presented for final adoption.
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
be amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", to reclassify
"AG Agricultural District classification
to "R-1 Single Fanfily Residential Dis-
SW 'A of Section 16, and the North-
368
367
Regular Session, September 15, 1986
Zoning Co~mnission aPpr° .ving?~oPul~
of North Cascade Road end west of June
Drive, presented end read. Council
Member Menulng moved that the com,
munication be received and filed.
Seconded by Council Member Dalch.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Krnnfeldt, Manning, Simon.
Nays--None.
Communication of City Menager pro-
viding a briet summary of a public
meeting conducted on the Fiscal Year
1988 City Budget, presented and
t, ou.n~a M~mher Manning moved that
~.,. ff:~ ~,n~ion b~ retired and
od Seconded by Council Meraber Deich.
~-~,~ed by the (oilowing vote:
yeas--Mayor Brady. Council
Nays None
Communication of City Manager
mspending to Nigtengale Lane residents
petition, presented end read. Council
Member Kronfoldt moved that the com-
munication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Mennlng, Simon.
Nays--None.
Statement of Barb Martelle, on behalf
of Nightengale Lane, requesting Krieg
Bros. Ice to comply with the Noise Or-
dinance, presented end read. Council
Member Kroafeldt moved that the
statement be received and filed. Second-
- · r~.~.ner Carried
edby CouncilMemoer ~uu~o .
by the following vote:
Yeas--Mayor Brady, Ccuncil
Members Deicb, Klucsner, Krleg,
Menulng, Simon.
Nays--None.
Barb end Charles Marteile spoke to
the Council of their concerns in this area.
Communication of Group W Cable re-
questing City Council to approve the
final steps necessary to complete the
trensfer of the Frenchise to GWC 107,
Inc., presented end read. Council
Member Manning moved that the com-
muulcatlon be received and filed end
matter referred to the City Menager end
ltaff. Seconded by Council Member
)eich. Carried by the following vote:
Yeas--Mayor Brady, Council
embers Deich, Kt,.,.es~r, Krieg,
[ronfeidt, Mamtlng, Simon.
Nays--None.
Tbere being no fur[bm' business, Coum
ell Member Mutating moved to adjourn.
Seconded by Council Member Simon.
Carried by the lo[lowing vote:
Yeas Mayor Brady. Council
Melnbers l~luesner. Krieg, Kronfeldt.
Nays Council Member Deich
Mary A Daws
City Clerk
\ dopted
Council Members
ATTEST:
City Clerk
367
T
Regular Session, October 6, 1986
~ AN ORDINANCE OF THE CITY OF
[ THAT THE CODE OF ORDINANCES,
Regul~ Session, October 6, 1986. ]CITY OF DUBUQUE, IOWA, BE
P~oll ~,~c,l' ~'.~ P.M.. Public [ AMENDED BY REVISING APPEN-
Council met at 7.'30 l~.~., ~umm I DIXATHEREOF, ALSO KNOWN AS
Library Auditorium. "THE ZONING ORDINANCE AND
Present: Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. LindahL
Mayor Brady read the call end stated
that service thereof had been duly made
and this Meeting is the REGULAR
MONTHLY MEETING of the City
Council called for the purpose to act
upon such business which may prope~
ly come before the Council,
Invocation was gSven by Pastor Ted
Welch of thc Faith Baptist Church.
PROCLAMATIONS: Oct, 3tst as
"Halloween Trick or Treat Night";
Week of Oct. 612 as 'Domestic Violence
Awareness Week" receiw~d by Ks'eh
Selig; October lStb as "White Cane
Safety Day' received by Dc~ro~hy
ell Member l~luesner moved that the
proof of publication be received and fib
ed. Seconded by Council Member
Krenfeldt. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfoldt, Menning, Simon. Naya-~ None.
Council Member Kluesner moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Kron£eldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Kinesner, Krieg,
Kronfeldt, Manning, Simon.
Nays None.
ORDINANCE NO. 75-86
r~ONING MAP OF THE CITY OF
DUBUQUE, IOWA" BY RECLASSI-
FYING HEREINAFTER DESCRIBED
PROPERTY AT 4300 ASBURY ROAD
FROM AG AGRICULTURAL
DISTRICT TO R-1 SINGLE FAMILY
RESIDENTIAL DISTRICT, said Or-
dinance having been previously
presented and read at the Council
Meeting of September I5, 1986,
}resented for final adoption.
ORDINANCE NO. 75-8fi
q ORI)INANCE OF THE CVI'Y el.'
DUBUQUE IOWA. PIIOVIDiN(;
PAS~ED.,ADOPTED AND
368
Regular Session, September 15, 1986
Zoning Conneission approving final plat
of George 0hmert Estate located south
of North Cascade Read and west of June
Drive, presented and read. Council
Member Manning moved that the corn,
municatinn be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueaner, Krleg,
Kranfeldt, Manning, Simon.
Nays--None.
Can~municatian of City Manager prO-
riding a brief summary of a public
meeting conducted on the Fiscal Year
1988 City Budget, presented and read.
Council Member Manning moved that
the communication be received and fil~
ed. Seconded by Council Member Deich.
Carried by the following vote:
yeas--Mayor Brady, Council
Mmabers D~ich, Kinesner, Krieg,
KronfeldL ~m~ng, Simnn.
Nays None
,qaconded b:~ Council Member gh~esner:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kroufeidt, Manning, Simon.
Nays--None.
Statement of Barb Mar relic, on behalf
of Nightengale Lane, requesting Krieg
Bros. Ice to comply with the Noise Or-
dinance, presented and read. Council
Member Krnnfeidt moved that the
statement be received and filed. Second-
ed by CounCil Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Kluesner, Krieg,
Manning, Simon.
Nays--Nane.
Barb and Charles Martelie spoke ~o
the Council of their concerns in this arem
Communication of Group W Cable re-
questing City Council to approve the
final s~eps necessary to complete the
transfer of the Franchise to GWC 107,
Inc., presented and read. Council
Member Manning moved that the com-
municatlon be received and filed and
matter referred to the City Manager and
taft. Seconded by Council Member
~)eich. Carried by the following vote:
ess--Mayor Brady, Council
Members Deich, Klueaner, Krieg,
[ranfeldt, Manning, Simon.
Nays--None.
There being no further business, Court-
;il Member Manning moved to adjourn.
iecouded by Council Member Simon.
Ca.ed by the following vote:
y~--Mayor Brady, Council
Members Rluesner, Krieg, KronfeIdI,
Nays Council Member 1)eich,
Meeting adjourned at 10:12 pxn.
Mary A. Davis
City Clerk
Council Members
~TTEST:
City Clerk
October 6, 1986
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
"THE ZONING ORDINANCE AND
~ONING MAP OF THE CITY OF
DUBUQUE, IOWA" BY RECLASSI-
FYING HEREINAFTER DESCRIBED
PROPERTY AT 4300 ASBURY ROAD
FROM AG AI]RICULTURAL
DISTRICT TO R-1 SINGLE FAMILY
RESIDENTIAL DISTRICT, said Or-
dinance having been previously
presented and read at the Council
Meeting of September 15, 1986,
~recented for final adoption.
ORDINANCE NO. 75-86
AN ORDINANCE OF THE CITY OF
DIIBDQUE. IOWA, PBOVIDING
TItAT THE COI)E OF ORDI-
IOWA. BI{ AMENDED BY
IN(; APPENDIX A TI{EBEOF
AESO KNOWN AS I'llE
Regular Session,
OFFICIAL ~
Regular Session, October 6, 1986.
Council met at 7:30 P.M., Public
Library Auditorium.
Present: Mayor Brady, Cbuncil
Members Deich, Kluesner, Krieg,
Kronfeldt, Manning, Simon, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. LindaM.
Mayor Brady read the call and stated
that service thereof had been duly made
and this Meeting is the REGULAR
MONTHLY MEETING of the City
Council called for the purpose to act
upon such business which may proper-
ly come before the Council.
Invocation was given by Pastor Ted
Welch of the Faith Baptist Church.
PROCLAMATIONS: Oct. 31st as
"tteiloween Trick or Treat Night";
We~k of Oct. 6-12 ms "Domestic Violence
Awareness Week" received by Kin-an
Selig; October tSth as "White Cane
Safety Day" received by Dorothy
Members Delch Kb~esner, Krieg,
Kron£eldt, Manning, Simon.
Nays--None.
Council Member Kluesner moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Kronfeldt.
Carried by the following vo~e:
Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Kronfeldt, Mmming, Simon.
Nays--None.
ORDINANCE NO. 75-86
1 of Lot 1 of the SW ~A of the SW ~/4
of Section 16, ail in Township 89 N,
Range 2 E, 5th Principle Meridian,
in the City of Dubuque, Iowa.
Section 2.That the foregoing
approval by the Planning and Zoning
Commission of t.be City of Dubuque,
PASSED, ADOPTED AND
APPROVED Tills (ith day et Octo-
ber, 1986.
James E. Brady, Maym'
368