1985 September Council Proceedings438
Special Session; August 29, 1985
Regular Session, September 2, 1985
CITY COUNCIL
OFFICIAL
Regular Session, September 2, 1985.
Council met at 7:30 p.m., in the Public
Library Auditorium.
No members of the Council being pre-
sent, the meeting was adjourned subject
to call.
Mary A. Davis
City Clerk
Approved 1986
Adopted 1986
Mayor
Council Members
ATTEST:
City Clerk
439
440
Adjourned Regular Session, September 3, 1985
CITY COUNCIL
OFFICIAL
Adjourned Regular Session,
September 3, 1985.
Council met at 7:30 p.m., in the Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindabl.
Mayor Brady read the call and stated
that service thereof had been duly made
and this Meeting is AN ADJOURNED
REGULAR SESSION OF
SEPTEMBER 2, 1985 CALLED FOR
THE PURPOSE TO ACT UPON
SUCH BUSINESS WHICH MAY
PROPERLY COME BEFORE THE
COUNCIL.
The invocation was given by Father
Sylvano Pera, Pastor of Holy Trinity
Catholic Church.
PROCLAMATIONS: Weekend of
Sept. 6 thru 8th as "34th Infantry Divi-
sion Weekend" received by Frank
paradise and Roy Mangeno; Week of
September 2 thru 7 as "Union Label
Week" received by Mike Stackis.
Council Member Steckis moved that
the rules be suspended so that anyone
can address the Council if they so desire.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackls.
Nays--None.
Proof of publication, certified to by the
publisher, on Notice of Public Hearing
providing for the vacation of East 18th
St. from Elm St. to Pine St., presented
and read.
No written objections were received
and no oral objectors were present.
Gene Sullivan as Pres. of the St. Vin-
cent de Paul Society and Atterney Louis
Pfeiler representing Walser Movers
spoke to the proposed vacation.
Council Member Kronfaldt moved
that the proof of pubilcatinn be recelv-
ed and filed. Seconded by Council
Member Steckis. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Klueener,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 54-85
aN ORDINANCE VACATING EAST
18TH STREET FROM ELM STREET
TO PINE STREET, said Ordinance
having been presented and read at the
Council Meeting of August 19, 1985
presented for further action.
ORDINANCE NO. 54 - 85
ORDINANCE VACATING EAST
18TH STREET FROM ELM
STREET TO PINE STREET
WHEREAS, Eagles Discount Super-
market is planning for the moderniza-
tion and expansion of its store located
at 1800 Elm Street; and
WHEREAS, the owner of the prop-
erty, (Jacobsen's, Inc.) is desirous of
acquiring East 18th Street from Ehn
Street to Pine Street for the purpose
of accommodation of additional park-
lng and for facilitating delivery of mer-
chandlse to the new facility; and
WHEREAS, Shive - Hattery &
Associates, Consulting Engineers has
~repared and submitted to the City
Council a plat showing the vacated
Street and assigned lot number thereof,
which shall hereinafter be known and
described as, "Lot 17lA of East
Dubuque Addition, in the City of
Dubuque, Iowa"; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that this p~rtion of East 18th Street is
no longer required for public use and
the vacation of said street known as
Lot 17lA in East Dubuque Addition in
the City of Dubuque, Iowa should be
approved.
NOW THEREFORE, be it ordained
by the City Council of the City of
Dubuque, Iowa:
Section 1. That the real estate
described as Lot 171A in East
Dubuque Addition in the City of
Dubuque, Iowa be and the same is
hereby vacated.
Section 2. That the City re~rves
unto itself a perpetual easement
incinding the fight of ingregq and egress
thereto, for the purpose of repair and
maintaining existing public utilities
and reserving to other pubfic utilities
their right of ingress and egress for the
~ purpose of maintaining their facilities.
[ Section 3. That the purchaser as
I the condition of this sale grants a
) driveway easement of a minimum
Adjourned Regular Session, September 3, 1985
441
width of 20 feet on the vacated street
for the purposes of providing access to
facilities located on Lot 231 on the
~uth side of the vacated 18th Street.
Section 4. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent of the dis-
posal of said realestato in a manner
as described by law.
Section 5. That the conveyance of
Lot 17lA in East Dubuque Addition,
in the City of Dubuque, Iowa to
Jacobson's Inc. be and the same is
hereby approved upon payment of
$24,640.00 together with publication
and filing fees.
PASSED, APPROVED AND
ADOPTED this 3rd day of September,
1985.
Jamg~ E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
PubUshed officially in the Telegraph
Herald newspaper this 25th day of
October, 1985.
Mm~j A. Davis
City Clerk
Council Member Kronfeldt moved
final adoption of the Ordinance. Second-
ed by Council Member Stackls. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Steckis.
Nays--None.
RESOLUTION NO. 270-85
Resolution approving a plat of
vacated East 18th Street between
Elm Street and Pine Street
WHEREAS, there has been presented
to the City Council of the City of Dubu-
que, Iowa a plat dated August 2, 1985
prepared by Shiv~Hattery & Associates
Consulting Engineers, covering a
vacated portion of East 18th Street be-
tween Elm Street and Pine 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
August 2, 1985 prepared by Shire-
Hattery & Associates, Consulting
Engineers covering the real 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, lowa.
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, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 271-85
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 23, 1985, the City Coun-
cil of the City of Dubuque, Iowa met on
the 3rd day of September, 1985, at 7:30
p.m. in the Public Library Auditorium,
ll~h and Locust Streets, Dubuque,
Dubuque County, Iowa to consider the
proposal for the sale of real estate
described as:
Lot 171A of East Dubuque Addition,
(East 18th Street lying between East
right-of-way of Elm Street and West
right-of-way of Pine Street in the City
of Dubuque, Iowa)
to Jacobson's 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
City of Dubuque, Iowa in the
Adjourned Regular Session, September 3, 1985 443
442
hereinabove described real estate to
Jacobeon's, Inc.,
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of in-
retest of the City of Dubuque, Dubuque
County, Iowa in personal property
described as, "Lot 171A of East Dubu-
que Addition, (East 18th Street lying
between East right-of-way of Elm Street
and West right, f-way of Pine Street), in
the City of Dubuque, Iowa to Jacobson' s
Inc. be in the same is hereby approved
for the sum of $24,640 plus cost of
publication and filing fees; that con-
veyance shall be by Quit Claim Deed,
and that the conveyance shall be subject
to the conditions outlined in Ordinance
No. 54.85, attached and considered apart
hereto.
Section 2. That the City of Dubu-
que reserves unto itself a perpetual ease-
ment including the right of ingress and
egress thereto for the purpose of repai~
ing and maintaining existing public
utilities and reserving to other public
utilities their right of ingress and egress
for the purpose of maintaining their
facilities and that the owner further
agrees to provide a driveway easement
on the acquired property to facilities
located on Lot 231 of East Dubuque
Addition.
Section 3. That the Mayor be
authorized and directed to execute a
copy of the Quit Claim Deed, and the Ci-
ty Clerk be and she is hereby directed
and authorized to deliver deed of con-
veyance conveying the above described
real estate to the above named party
upon receipt of the purchase price in full
Section 4. That the City Clerk be
and she is hereby authorized and
directed to record a certified copy of this
resolution in the office of City Assessor,
Dubuque County Recorder and Dubu-
que County Treasurer.
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
Adjourned Regular Session, September 3, 1985
adoption of the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on Lease between City of Dubuque and
lacebeon's Inc. for tract of land between
the south property line of extended East
18th St. and the ~outh property line of
extended E. 19th St., presented and
read. No written objections were
received.
Louis Pfeiler, attorney for Weiser
Movers, spoke to the proposed lease.
Council Member Kronfeldt moved that
the proof of publication be received and
filed. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Khiesner,
Kronfaldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 272-85
Resolution accepting and
executing a lease agreement
with Jacobsen's, Inc.
WHEREAS, Eagle Discount Super-
market is planning for modernization
and expansion of its store located at
1800 Elm Street; and
WHEREAS, the owner of the proper-
ty (Jacebsan's, Inc.) desires leasing Pine
Street from the south property line of
East 18th Street to the south property
line of East 19th Street for the purposes
of accommodating truck deliveries and
employee parking; and
WHEREAS, Jacobsen's, Inc. is
likewise purchasing East 18th Street
from Elm Street to Pine Street to accom-
modate additional parking and facilitate
delivery of merchandise to the new facili-
ty; and
WHEREAS, the City is reserving un-
to itself the right for the installation of
utilities and also provisions for reversion
of the lease, in the event the leased area
is required for roadway purposes; and
WHEREAS, pursuant to a resolution
and public notice of a 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 23, 1985, the City
Council of the City of Dubuque met on
September 3, 1985 at 7:30 p.m. in the
Public Library Auditorium, llth and
Locust Street, Dubuque, Dubuque
County, Iowa to consider the proposal
for the lease of the real estate describ-
ed as Pine St~tcet from the south proper-
ty line of East 18th Street to the south
property line of East 19th Street to
Jacobsen's, Inc.; arid
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to the
proposal to lease the above described
real estate to Jacobsen's, Inc.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the lease agreement
is hereby accepted and approved.
Section 2. That the Mayor is
authorized and directed to execute the
lease agreement and the City Clerk is
hereby directed and authorized to record
a certified copy of this resolution and
lease agreement in the offices of the
City Assessor, the Dubuque County
Recorder, and the Dubuque County
Treasurer.
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfaldt moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kronfeldt
Manning, Stackis.
Nays--Council Member Kluesner.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on approval of plans and specs, for the
Veterans Memorial Parking Lot
Sealcoating. presented and read. No
written objections were received and no
oral objectors were present. Council
Member Hammel moved that the proof
of publication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 273-85
WHEREAS, on the 14th day of
August, 1985, plans, specifications, form
of contract and estimated cost were
filed with the City Clerk of Dubuque,
Iowa, for the Veteran's Memorial Park-
ing Lot Sealcoating; and
WHEREAS, notice of hearing on
ilans, 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, approved and adopted this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Proof of publication, certified to by the
444
Adjourned Regular Session, September 3, 1985
Publisher, on Notice to Bidders for the
construction of Veterans Memorial
Parking Lot Sealcoating, AND Com-
municatinn of City Manager recom-
mending to award contract for the pro-
ject, presented and read. Council
Member Hammel moved that the proof
and communication be received and fib
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
AWARDING CONTRACT
RESOLUTION NO. 274-85
WHEREAS, sealed proposals have
been submitted by contractors for the
Veteran's Memorial Parking Lot
Sealcoating pursuant to Resolution No.
249-85 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 23rd day of
August, 1985.
WHEREAS, said sealed proposals
were opened and read on the 27th day
of August, 1985 and it has been deter-
mined that the bid of River City Paving
Co., Inc. of Dubuque in the amount of
$21,711,43 was the lowest bid for the
furnishing of all labor and materials and
performing the work as provided for in
the plans and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above im-
provement be awarded to River City
Paving Co., Inc. and the Manager be and
is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammal moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on approval of plans and specs, for the
Chaplain Schmitt Memorial Island,
Park and Recreation Complex parking
Lot, presented and read. No written ob-
ections were received and no oral objec-
tors were present. Council member
Kluesner moved that the proof of
publication be received and filed.
Seconded by Council Member Kronfeldt.
Carried by the fuliowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
RESOLUTION NO. 275-85
WHEREAS, on the 14th day of
August, 1985, plans, specifications, form
of contract and estimated cost were fil-
ed with the City Clerk of Dubuque,
Iowa, for the Chaplain Schmitt
Memorial Island, Park and Recreation
Complex Parking Lot; 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
3rd day of September! 1985.
Jo~mes E, Brady
Adjourned Regular Session September 3, 1985
445
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the fo]lowing vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice to Bidders for the
construction of Chaplain Schmitt
Memorial Island, Park and Recreation
Complex Parking Lot, AND Com-
municatinn of City Manager recommen-
ding to award contract for project,
presented and read.
Council Member Kluesner moved that
the proof and communication be receiv-
ed and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
AWARDING CONTRACT
RESOLUTION NO. 276-85
WHEREAS, sealed proposals have
been submitted by contractors inr the
Chaplain Schmitt Memorial Island,
Park and Recreation Complex Parking
Lot pursuant to Resalution NO. 246-85
and notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 23rd day of
August, 1985.
WHEREAS, said sealed proposals
were opened and read on the 27th day
of August, 1985 and it has been deter-
mined that the bid of River City Paving
Co., Inc. of Dubuque in the amount of
$41,772.30 was the lowest bid for the
furnishing of all labor and materials and
performing the work as provided for in
the plans and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above im-
provement be awarded to River City
Paving Co., Inc. and the Manager be and
is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders,
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the fulIowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Petition of Calista A. Bakey et al re-
questing to address the Council regar-
ding mud slides, rocks and debris from
the Dominican Sisters' drain property,
)resented and read. Callsta Bakey,
Mary Feipel, and Spots Bakey gave
specifics of the long-time problem. Sr.
Mary Krier, Adm. of the Villa, respond-
ed and requested Council defer until
solutions might be further attempted.
Council Member Hammel moved that
the City Staff be directed to investigate
the situation on mud slides, rocks and
debris on Dominican property and then
respond back to the Council with their
findings within two months. Seconded
by Council Member Stackls. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
A1 Palsean of 3515 Crescent Ridge ap-
)roached the Council with a verbal peti-
tion concerning the proposed 1% in-
446
Adjourned Regular Session, September 3, 1985
crease of City tax and the bridge at
Center Grove.
ORDINANCE NO. 55-85
An ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
PRIOR APPROVAL FOR
ELIGIBILITY FOR A TAX EXEMP-
TION ON THE PROPOSED
RECONSTRUCTION OF THE
ADAMS COMPANY, said Ordinance
having been presented and read at the
Council Meetings of August 5th and
August 19th, presented for further
action.
ORDINANCE NO. 55-85
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
PRIOR APPROVAL FOR
ELIGIBILITY FOR A TAX
EXEMPTION ON THE PROPOSED
RECONSTRUCTION OF THE
ADAMS COMPANY
WHEREAS, The Adams Company,
an Iowa corporation with its princi-
ple place of business in Dubuque,
Iowa, owns industrial real property in
the City of Dubuque, locally known
as 100 E. Fourth Street, Dubuque,
Iowa; and
WHEREAS, The Adams Company
proposes to undertake on its industrial
real estate "new construction", as
defined by Iowa Code Sec. 427B.1
(1985) and Sec. 35-12, Code of Ordi-
nances of the City of Dubuque, Iowa;
and
WHEREAS, Tim Admns Company
intends to apply for a partial exemp-
tion from property taxation of the
actual value added to its industrial real
estate by the new construction, as pro-
vided by Iowa Code Chapter 427B.1
(1985) and Sec. 35-12, Code of Ordi-
nances of the City of Dubuque; and
WHEREAS, The Adams Company
has submitted to the City Council of
the City of Dubuque a proposal to
receive prior approval for eligibility for
tion; and
WHEREAS, Tlie City Council has
conducted a public hearing on such
proposal in accordance with Iowa Code
Chapter 427B.1 (1985) and Sec. 35-12,
Code of Ordinances of the City of
Dubuque; and
WHEREAS, The City Commil has
determined that the new construction
is in conformance with the zoning
plans for the city;
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA;
Section 1.The City Council hereby
gives its approval for eligibility for a
tax exemption for the proposed new
construction of The Adams Company,
subject to all of the requirements and
conditions of Iowa Code Chapter
427B.1 (1985) and Section 35-12, Code
of Ordi~mnces of the City of Dubuque,
Iowa.
PASSED, APPROVED AND
ADOPTED THIS 3rd day of Septem-
ber, 1985.
/s/James E. Brady
Mayor
ATTEST:
/s/Mary A. Davis
City Clerk
'ublished officially in the Telegraph
Herald newspaper this 19th day of
September, 1985.
Mary A. Davis
City Clerk
Council Member Kluesner moved that
this reading be the third reading of the
Ordinance and final adoption. Second-
ed by Council Member Kronfeldt. Car~
tied by the following ¥ote:
Yeas--Mayor Brady, Council
Members Deich, Kincener, Kronfeldt,
Manning, Stackis.
Nays--Council Member Hammel.
RESOLUTION NO. 277-85
Supporting the position of the
League of Iowa Municipalities
on the Fair Labor Standards Act
WHEREAS, the Board of Directors
of the Lesgue of Iowa Municipalities has
prepared their Resolution No. 11, a copy
of which is attached hereto, urging the
Iowa Congressional Delegation to take
whatever steps are necessary, both ad-
ministratively and legislatively, to
amend the Fair Labor Standards Act
which would exempt state and local
governments from the Act, or at the
very least to: (1) establish a moratorium
on the application of the Act to local
governments; 12) permit the use of "com-
hue" in lieu of overtime com-
for those governmental
(3) eliminate liquidated
damages for noncompfiance by local
governments; 14) increase the maximum
permissable hours in a work period for
police officers or fire fighters to a more
realistic level; and (5) exempt all local
government volunteers from the Fair
Labor Standards Act.
NOW THEREFORE, BE IT
Adjourned Regular Session, September 3, 1985
447
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council of
the City of Dubuque, Iowa supports
Resolution No. 11 prepared by the Board
of Directors of the League of Iowa
Municipalities for adoption by the
delegates at the annual meeting of the
League of Iowa Municipalities.
Section 2. That the City Clerk is
hereby authorized and directed to send
a copy of this resolution to the League
of Iowa Municipalities and to the
members of the Iowa Congressional
Delegation.
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfaldt moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Kluesner, Kronfeldt,
Manning.
Nays--Council Members Deich,
Hammel.
Abstain--Council Member Steckis.
RESOLUTION NO. 278-85
Supporting the position of the
League of Iowa Municipalities
on the
Regional Coordinating Councils
WHEREAS, the Board of Directors
of the League of Iowa Municipalities has
prepared their Resolution No. 1, a copy
of which is attached, urging the Iowa
General Assembly to revise the lottery
legislation to repeal the creation and
operation of the Regional Coordinating
Councils required by the lottery legisla-
tion for the "Community Economic Bet-
terment" account to deliver economic
development incentives.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the City Council of
the City of Dubuque, Iowa supports
Resolution No. I prepared by the Board
of Directors of the League of Iowa
Municipalities for adoption by the
delegates at the annual meeting of the
League of Iowa Municipalities.
Section 2. That the City Clerk is
hereby authorized and directed to send
a copy of this resolution to the League
of Iowa Municipalities.
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Kluesner, Kronfeldt,
Manning, Stackis.
Nays--Council Member Hammel.
Communication of City Manager re-
questing approval of Serious Traffic Of-
fender Patrol Contract (STOP) and
authorizing Mayor to execute, presented
and read. Council Member Kluesner
moved that the communication be
received and fried, approve program and
authorize Mayor to execute. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Hammel, Kluesner, Kronfeldt,
Manning, Stackis.
Nays--Council Member Delch.
Conununication of City Manager sub-
mitring Resolution providing for revis-
ed Contract for 15 units Section 8 ex-
isting voucher program funds, presented
and read. Council Member Kinesner
moved that the communication be
received and filed. Seconded by Council
Member Kronfuldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kfuesner,
Kronfuldt, Manning, Stackis.
Nays--None.
448
Adjourned Regular Session, September 3, 1985
RESOLUTION NO. 279-85
Resolution authorizing and
directing the execution of revised
annual contributions contract for
15 units Section 8 existing
voucher program funds
WHEREAS, the City of Dubuque,
Iowa (herein called the "Local Authori-
ty'') proposes to enter into a revised con-
tract (herein called the "Annual Con-
tributions Contract") with the United
States of America (herein called the
"Government") with respect to any
"Project" as defined in the Annual Con-
tributions Contract and which at any
time now or hereafter is incorporated
under the terms of such Contract.
NOW THEREFORE, BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The Annual Contribution
Contract in substantially the form of
contract hereto attached with Govern-
ment revision date of June, 1985 and
marked "Exhibit A " is hereby approw
ed and accepted both as to form and
substance and the Mayor of Dubuque,
Iowa is hereby authorized and direct.ed
on behalf of the Locni Authority. and the
City Clerk is hereby authorized and
directed to impress and attest the official
seal of the City of Dubuque on each such
counterpart and to forward said ex-
ecutod counterparts, or any of them, to
the Government together with such
other documents evidencing the ap-
proval and authorizing the execution
thereof as may be required by the
Section 2. Whenever the following
terms, or any of them, are used in this
shall indicate another or different mean-
ing or intent, shall be construed, and are
intended to have meanings as follows:
1. The term "Resolution" shall mean
this Resolution.
2. All other terms used in this
Resolution and which are defined in the
Annual Contributions Contract shall
have the respective meanings ascribed
thereto in the Annual Contributions
Contract.
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitting Ordinance providing for revision
of portions of the Dubaque Traffic Code
as found in Chapter 25 of the Code,
presented and read. Council Member
Kronfaldt moved that the communica-
tion be received and filed. Seconded by
Council Member Stockis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Deich, Hammal, Kinesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 57-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY
REPEALING CERTAIN SUBSEC-
TIONS OF CHAPTER 25 AND ENAC-
LIEU THEREOF CERTAIN
SUBSECTIONS OF CHAPTER 25
PROVIDING FOR THE DEFINI-
TIONS OF AND RESTRICTIONS ON
ALL-TERRAIN VEHICLES AND UP-
DATING THE DUBUQUE TRAFFIC
CODE, presented and read.
Council Member Kronfeldt moved
that the reading just had be considered
the first reading of the Ordinance.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Ylembers Deich, Hammel, Kineaner,
Kronfaldt, Manning, Stackis.
Nays--None.
Council Member Kronfaldt moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Staclds. Carried by the
following vote:
Adjourned Regular Session, September 3, 1985
449
Yeas--Mayor Brady, Council
Members Deich, Hanunal, Kinesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 57-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE BY REPEAL-
ING SECTIONS 25-2, 25-3, 25-28, 25-
29, 25-47, 25-77, 25-79, 25-80, 25-82, 25-
83, 25-87, 25-100, 25-101, 25-103, 25-104,
25-110, 25-113, 25-115, 25-116, 25-123,
25-139, 25-140, 25-141, 25-142, 25-146,
25-149, 25-158, 25-187.1, 25-197, SUB-
SECTION (a) OF 25-210, SUBSEC-
TION (a) OF 25-212, SUBSECTION
(a) OF 25-214 AND 25-221 THEREOF
AND ENACTING NEW SECTIONS
25-2, 25-3, 25-4, 25-28, 25-29, SUBSEC-
TION (d) OF 25-43, 25-47, 25-77, 25-79,
25-80, UNNUMBERED PARA-
GRAPH TO 25-81, 25-82, 25-83, 25-85,
25~7, 25-100, 25-101, 25-103, 25-104, 25-
110, 25-113, 25-116, 25-123, 25-139, 25-
140, 25-141, 2~-142, 25-146, 25-149, 25-
158, 25-187.1, 25-197, SUBSECTION
(a) OF 25-210, SUBSECTION (a) OF
25-212, SUBSECTION (a) OF 25-214
AND 25-221 IN LIEU THEREOF
PROVIDING FOR THE DEFINI-
TION OF AND RESTRICTIONS ON
ALL-TERRAIN VEHICLES AND
UPDATING THE DUBUQUE
TRAFFIC CODE.
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 emended by repealing Sections 25-
2, 25-3, 25-28, 25-29, 25-47, 25-77, 25-79,
25~0, 254~2, 25-83, 25-85, 25-87, 25-100,
25-101, 25-103, 25-104, 25-110, 25-113,
25~115, 25-116, 25-123, 25-139, 25-140,
25-141, 25-142, 25-146, 25-149, 25-158,
25-187.1, 25-197, Subsection (a) of 25-
210, Subsection (a) of 25-212, Subsec-
tion (a) of 25-214 aod 25-221 thereof
and enacting new Sections 25-2, 25-3,
25-4, 25-28, 25-29, Subsection (d) of 25-
43, 25-47, 25-77, 25-79, 25~80, unnura-
bered paragraph to 25-81, 25-82, 25-83,
25~5, 25-87, 25-100, 25-101, 25-103, 25-
104, 25-110, 25-113, 25-116, 25-123, 25-
139, 25-140, 25-141, 25-142, 25-146, 25-
149, 25-158, 25-187.1, 25-197, Subsection
(a) of 25-210, Subsection (a) of 25-212,
Subsection (a) of 25-214 and 25-221 in
lieu thereof as follows:
Sec. 25-2. Definitions. The follow-
lng words and phrases, when used in
this chapter, shall, for the purpose of
this chapter have the meanings respec-
tively ascribed to them in this section:
Ail-terrain vehicle means a motor
vehicle designed to travel on three or
more wheels and designed primarily for
off-road use but not including farm
tractors, construction equipment, for-
estry vehicles or lawn and grounds
Alley means a thoroughfare laid out,
established and platted as such by
constituted authority.
Authorized emergency vehicle means
vehicles of the Fire Department, police
vehicles, ambulances and emergency
vehicles owned by the United States,
this state or any subdivision of this
state or any municipality of the state,
and such privately owned ambulances,
fire, rescue or disaster vehicles as are
designated or authorized by the Direc-
Bicycle means a device having two
wheels and having at least one saddle
or seat for the use of a rider which is
propelled by human power.
Business district means the territory
continguous to and including highway
when fifty (50) percent or more of the
frontage thereon for a distance of three
hundred (300) feet or more is occupied
by buildings in use for business.
Chauffeur means any person who
operates a motor vehicle, including a
scbool bus, in the transportation of
hire, or a person who operates a truck
tractor, road tractor or any motor
truck which is required to be registered
at a gross weight classification exceed-
ing five tons, or any such motor vehicle
exempt from registration which would
be wltt~in the gross weight classifica-
tion if not so exempt. A person is not a
chauffeur when the operation of the
motor vehicle by the owner or operator
is occasional and merely incidental to
the owner or operator's principal busi-
A person is not a chauffeur when the
operation is by a volunteer fire fighter
operating fire apparatus, or is by a vol-
attendant operating ambulance or res-
cue squad apparatus. If a volunteer
fire fighter or ambulance or rescue
squad operator receives nominal com~
pensation not based upon the value of
the services performed, the fire fighter
or operator shall be considered to be
receiving no compensation and classi-
fied as a volunteer.
Subject to Section 321.179 of the
Iowa Code, a farmer or the farmer's
hired help is not a chauffeur, when
45O
Adjourned Regular Session, September 3, 1985
operating a truck owned by the farmer,
and used exclusively in connection
with the transportation of the farmer's
own products or property.
Commercial vehicle means every
vehicle designed, mointained or used
primarily for the transportation of
property.
Crosswalk means that portion of a
roadway ordinarily included within the
prok)ngntion or connection of the lat-
eral lines of sidewalks at intersections,
or any portion of a roadway distinctly
indicated for pedestrian crossing by
lines or other markings on the surface,
Curb means the lateral line of a side-
walk nearest the surface of the street
upon which vehicles travel.
Department means the State
Department of Transportation.
Director means the Director of the
State Department of Transportation
or the Director's designee.
Driver means very person who drives
or is in actual physical control of a
vehicle
Explosives means any chemical com-
pound or mechanical mixture that is
commonly used or intended for the
purpose of producing an explosion and
wifich contains any oxidizing and cmn-
bustive u~fits or other ingredients in
such proportions, quantities, or packing
that on ignition by fire, by fi'iction, by
concussion, by percussion, or by deto-
nator of any part of the compound or
mixture may cause such a sudden gen-
eration of highly heated gases that the
resultant gaseous pressures are capable
of producing destructable effects on
contingnous objects or of destroying
life and lknb.
Flammable liquid means any liquid
wtfich has a flash point of seventy (70)
degrees Fahrenheit or less, as deter-
mined by a Tagliabue or equivalent
closed cup test.
Gross weight shall mean the empty
weigbt of a vehicle plus the maximum
load to be carried thereon. The maxi-
mum load to be carried by a passen-
ger-carryingvehicle shall be
determined by multiplying one hun-
dred fifty (150) pounds by the number
of passenger seats carried by such
vehicle.
Holidays shall be January first,
Memorial Day, July Fourth, tbe first
Monday in September, the day of any
general election, any day proclaimed
by the governor as a day of thanksgiv-
lng, December twentydifth and the
following Monday whenever any of the
foregoing named holidays falls on a
Sunday.
Intersection means the area em-
braced wittfin tbe prolongation or con-
nection of tl~e lateral curb lines, or,
if none, then the lateral boundary lines
of the roadways of two (2) highways
wbich join one another at, or approxi-
mataly at, right angles, or the area
witlfin which vehicles traveling upon
different highways joining at any other
angle may come in conflict.
Metal tire means every tire the sur-
face of wtfich in contact with the high-
way is wholly or partly of metal or
other hard, non-resilient material.
Mobile home means any vehicle
without motive power used or so man-
ufactured or constructed as to permit
its being used as a conveyance upon
the public streets and highways and so
designed, constructed, or reconstructed
as will permit the vebicle to be used as
a place for human habitation by one or
more persons.
Motor truck means every motor
vehicle designed primarily for carrying
livestock, merchandise, freight of any
kind, or over nine (9) persons as pas-
sengers.
Motor vehicle means every vehicle
which is self-propelled but not includ-
ing vehicles known as trackless trol-
leys which are propelled by electrlc
power obtained from overhead trolley
wires but not operated upon r~ils. The
terlns "car", "new car", "used car" or
"automobile" shall be synonymous
with the term "motor vehicle". .
Motorcycle means every motor veill-
cie having a saddle or seat for the use
9f the rider and designed to travel on
not more than three (3) wheels in con-
tact witl~ the ground including a motor
scooter but excluding a tractor and a
motorized bicycle.
Motorized bicycle or motor bicycle
means a motor vehicle having a sad-
lie or a seat for the use of a rider and
designed to travel on not more than
three wheels in contact with the
ground, with an engine having a dis-
placement no greater than fifty cubic
centimeters and not capable of operat-
ing at a speed in excess of twenty-five
miles per hour on level ground unas-
sisted by human power.
Official parking signs means any
such signs as have been erected by
authority of a public body or official
having jurisdiction for the purpose of
regulating parking.
Official traffic-control devices means
all signs, signals, markings, and devices
not inconsistent with this chapter
placed or erected by autl~ority of a
public body or official having jurisdic-
tion, for the purpose of regulating,
warthng, or guiding traffic.
Adjourned Regular Session, September 3, 1985 451
Official traffic-control signal means
any device, whether manually, electri-
cally or mechanically operated, by
wtfich traffic is alternately directed to
stop and to proceed.
Operator nlean8 every person, other
than a chauffeur, who is in actual
physical control of a motor vehicle
upon a highway.
Owner means a person who bolds the
legal title of a vehicle, or in the event a
vehicle is the subject of a security
agreement with an immediate right of
possession vested in the debtor, then
such debtor shall be deemed the owner
for the purpose of this chapter.
park means the stopping or stand-
ing of a motor vehicle either attended
or unattended by a driver or occu-
pant.
Parking lot means a lot in the city
where motor velficles are parked for a
fee.
parking meter means any mechani~
cai device located upon a public street
or sidewalk in a place regulm'ly desig-
natsd ~.~ a parking zone, which device
shall record a certain number of
minutes by the use of a clock mech-
anism determing the number of
ndnutss for which parking privileges
may be extended to any person depo-
siting the coin or coins required.
Peace officer means every officer
authorized to direct or regulate traf-
fic or to make arrests for violations
of traffic regulations, in addition to its
meaning in Section 801.4, Code of
Pedestrian means any person afi~ot.
Pneumatic fire means every tire in
which compressed air is designed to
support the load.
Private road or driveway means
every way or place in private owner-
ship and used for vehicular travel by
the owner and those having express or
implied permission from the owner but
not by other persons.
Railroad sign or signal means any
sign, signal, or device erected by
authority of a pubfic body or official
or hy a rai]yoad and intended to give
notice of the presence of railroad
tracks or of the approach of a railroad
train.
Railroad train means an engine, or
locomotive, with or without cars cou-
pled thereto, operated upon rails.
Residence district means the terri-
tory within a city or town contiguous
to and including a tfighway, not com-
prising a business, suburban or school
district, where f~rty (40) percent or
more of the frontage on such highway
for a distance of three hundred (300)
feet or more is occupied by dwellings
or by dwefings anti buildings in use for
business.
Right-of-way means the privilege of
the hnmediate use of the highway.
Roadway means that portion of a
highway hnproved, designed, or ordi-
narily used for vehicular travel.
School district means the territory
contiguous to and including a highway
for a distance of two hundred (200)
feet in either direction from a school
house in a city or town.
Semitrailer means every vehicle
without motive power designed for c~r-
wing persons or property and for being
th, awn by a motor vehicle and so con-
structed that some part of its weight
and that of its load rests upon or is
carried by another velficle.
Wherever tbe word "trailer" is used
in this chapter, same shall be con-
stsued to also include "semitrailer".
A "semitrailer" sball be considered in
this chapter separately from its power
Sidewalk means that portion of
street between the curb fines, or the
lateral lines of a roadway, and the
adjacent property lines intended for
the use of pedestrians.
Solid tire means every tire of rub-
ber or other resilient materials which
does not depend upon compressed air
for the support of the load.
Street or highway means the entire
ddrh between property fines of every
way or place of whatever nature when
any part tbereof is open to the use of
thc public, as a matter of right for
purposes of vet~cular traffic.
Suburban district means all other
,arts of a city or town not included in
the business, school, or residence dis-
tricts.
Through (or thru) lfighway means
every highway or portion thereof at
the entrances to which vehicular traf-
fic from intersecting highways is
required by law to stop beibre enter-
mg or crossing the same and when stop
signs are erected as provided by law or
such entrances are controlled by a
peace offic,e,r or tr,a. ffic control signal.
The term arterial shall be synony-
mous wth through or t when
applied to highways of this city.
Traffic means pedestrians, ridden or
herded animals, vehicles and other con~
veyances eitt~er singly or together while
using any highway for purposes of
travel.
Trailer means every vehicle without
motive power designed for carrying
persons or property and for being
drawn by a motor vehicle and so con
Adjourned Regular Session, September 3, 1985 453
452 Adjourned Regular Session, September 3, 1985
structed that no part of its weight rests ular re~urfacing work on a highway,
upon the towing vehicle.
Truck tractor means every motor
vehicle designed and used primarily for
drawing other vehicles and not so con-
structed as to carry a load other than
a part of the wsight of the vehicle and
load so drawn.
U-turn means the turning from one
side to the other on a street and pro-
ceeding in a reverse direction.
Vehicle means every device in, upon,
or by which any person or property is
or may be transported or drawn upon
a highway, "Vehicle" does not
include:
(a) Any device moved by human
power.
(b) Any device used exclusively upon
stationary rails or tracks.
(c) Any integral part of a truck trac-
tor or road tractor which is mounted
on the frame of the truck tractor or
road tractor immediately behind the
cab and which may be used to trans-
port persons and property but which
cannot be drawn upon the highway by
the truck tractor or another motor
vei~cls.
(d) Any steering axle, dolly, auxil-
iary axle or other integral part of
another vehicle which in and of itself
is incapable of commercially trans-
porting any person or property but is
used primarily to support another
vehicle.
Sec. 25-3. Applicability of chap-
tot.
(a) The provisions of this chapter
applicable to the drivers of vehicles
upon the streets shall apply to the
drivers of all vehicles owned or
operated by the United States, this
state or any county, city, town, dis-
trlct, or any other political subdivision
of the state, subject to specific excep-
tions es are set forth in the laws of
Iowa and the ordinances of the city
with reference to authorized emergnncy
vehicles.
(b) This chapter, except Section 25-
168 does not apply to persons and
motor vehicles and other equipment
while a~ually engaged in work upon
the surface of a highway officially
closed to traffic but does apply to such
persons and vehicles when trave~ng to
or from such work. The mimmum
speed restriction of Section 25-169 and
the provisions of Sections 25-169 and
25-170 do not apply to road workers
operating maintenance equipment
owned by or under lease to any state
or local authority while engaged in
road maintenance, road blading, snow
and ice control ~nd removal, and gran-
whether or not the highway is closed
to traffic.
A chauffeur's license shall not be
required for a person to operate road
construction and maintenance equip-
ment while engaged in road construc-
tion and maintenance work, including
the movement of the road construction
and maintenance equipment to and
from the work site under its own
(c) Every person riding a bicycle or
an a~nai or driving any animal draw-
lng a vehicle upon a street shall be
subject to the provisions of this chap-
ter applicable to the driver of a velficle,
except those provisions which by their
nature can have no application.
(d) The provisions of this chapter
relating to the operation of vehicles
refers exclusively to the operation of
vehicles upon streets and highways
except:
(1) Where a different place is spe-
cificaily referred to in a given section.
(2) The provisions of Arlicle III and
Section 25-168 of this chapter shall
apply upon the streets and highways
and elsewhere throughout the city.
Sec. 25-4. AH-Terrain Vehicles.
All-terrain vehicles shah be operated
on a roadway only between sunrise
and sunset and only when the opera-
tion on the roadway is incidental to
the vehicle's use for agricultural put-
poses. A person operating an all-terraln
vehicle on a roadway shall have a valid
operator's license and the vehicle shah
be operated at speeds of less than
tbirty miles per hour. When operated
on a roadway, au all-terrain vehicle
shall have a bicycle safety flag which
~xtends not less than five feet above
the ground attached to the rear of the
vehicle. The bicycle safety flag shall be
triangular hi shape with an area of not
less than tifirty square inches, be dayg-
low in color, and shall be in lieu of the
reflective equipment required by Sec-
tion 321.383 of the Code of Iowa.
Sec. 25-28. Obedience to official
traffic control devices. No driver of
a vehicle shah disobey the instructions
of any official traffic control devic, e
placed in accordance with the prow-
sions of this chapter, unless at the time
otherwise directed by a peace officer
subject to the exceptions granted the
driver of an authorized emergency
vehicle.
Sec. 25-29. Official traffic control
signal.
(a) For the purposes of this section
"stop at the official traffic control sig-
hal" means stopping at the first oppor-
tunity at either the clearly marked
stop line or before entering the cross-
walk or before entering the intersec-
(b) Official traffic control signals
consisting of colored lights or colored
lighted arrows shall regulate vehicle
and pedestrian traffic in the following
(1) A "steady circular red" light
means vehicular traffic shall stop.
Vehicular traffic shall remain standing
until a signal to proceed is shown or
vehicular traffic, unless prohibited by a
sign, may cautiously enter the intersec-
tion to make a right turn from the
right lane of traffic or a left turn frown
a one-way s~reet ts a one-way street
onto the leftmost lane of traffic on a
one-way street. Turns made under this
paragraph shall be made in a manner
that does not interfere with other
vehicular or pedestrian traffic lawfully
using the intersection. Pedestrian traf-
tic facing a steady circular red light
shah not enter the roadway unless the
pedestrian can safely cross the road-
way without interfering with any
vehicular traffic.
(2) A "steady circular yellow" or
"steady yellow arrow" light means
vehicular traffic is warned that the
related green movement is being ter-
minated and vehicular traffic shall no
longer proceed into the intersection
and simll stop. If the stop cannot be
made in safety, a vehicle may be
driven cautiously through the intersec-
tion. Pedestrian traffic is warned that
there is insufficient time to cross the
intersection and any pedestrian start-
lag te-cross the roadway shall yield the
~ight of way to all vehicles.
(3) A "steady circular green" light
means vehicular traffic may proceed
straight, tarn right or turn left through
the intersection unless otherwise specif-
tcally prohibited. Vehicular traffic shall
yield the right of way to other vehicu-
lar and pedestrian traffic lawfully
within the intersection.
(4) A "steady green arrow" light
shown alone or with another official
traffic control signal means vehicular
traffic may cautiously enter the inter-
section and proceed in the direction
indicated by tbe arrow. Vehicular traf-
tic shah yeild the right of way to other
vehicles and pedestrians lawfully
within the intersection.
(5) A "flashing circular red" light
~neans vehicular traffic shah stop and
after stopping may proceed cautiously
through the intersection yielding to all
vehicles not required to stop or yield
which are within the intersection or
approaching so closely as to constitute
a hazard, but then may proceed.
(6) A "flashing yellow" light means
vehicular traffic shall proceed through
the intersection or past such signal
with caution.
(7) A "don't walk" ligt~t is a pedes-
trian signal which means that pedes-
trian traffic facing the illunrinated
pedestrian signal shall not start to
cross the roadway in the direction of
the pedestrian signal, and pedestrian
traffic in the crossing shall proceed to
a safety zone.
(8) A "walk" light is a pedestrian
signal which means that pedestrian
traffic facing the illuminated pedes-
trian signal may proceed to cross the
roadway in the direction of the pedes-
trian signal and shail be given the sight
of way by drivers of all vehicles.
~ec. 25-43. Reports required.
(d) Any carrier transporting hazar-
dous materials by rail, air, water or
upon a roadway in this city, in the
case of accident, shall immediately
notify the Chief of Police.
Sec. 25-47. Duty of driver upon
striking fixtures upon the highway.
The driver of any vehicle involved in
an accident resulting in damage to
property legally upon or adjacent to a
highway shall take reasonable steps to
locate and notify the owner, a peace
officer or person in charge of such
property of such fact and of the
driver's name ami address and of the
registration number of the vehicle
causing the damage and shall upon
request and if available exhibit the
driver's, operator's or chauffeur's
license and shall make report of such
accident when and as required in Sec-
tion 25-43.
Sec. 25-77. Registration required.
(a) It is a misdemeanor for any per-
knowingly to pemuit to be driven or
moved upon any street or highway any
vehicle of a type required to be regis-
tered according to such laws.
(b) No person shall operate, nor
simll an owner knowingly pemtit to be
operated upon any highway any vehi:
cie required to be registered and titled
hereunder unless there shall be
attached thereto and displayed thereon
when and as required by this chapter a
valid registration card and registration
plate or plates issued therefor for the
current registration year and unless a
certificate of title has been issued for
such vehicle except as otherwise
expressly permitted in tiffs chapter.
Adjourned Regular Session September 3, 1985 455
454
Adjourned Regular Session, September 3, 1985
Sec. 25-79. Display of plates.
(a) Registration plates issued for a
motor vehicle other than a motorcy~
cie, motorized bicycle or a truck trac~
tar shall be attached to the motor
vetficle, one in the front and the other
in the rear. The registration plate
issued for a motorcycle or other vehi-
cle required to be registered hereun-
der shall be attached to the rear of the
velficle. The registration plate issued
for a truck tractor shall be attached to
the front of the truck tractor. The spe-
sial plate issued to a dealer shall be
attached on the rear of the vehicle
when operated on the roadways of this
state.
(b) The registration plate issued for
an auxiliary axle simll be attached to
the rear thereof when directly visible
from the rear, and in all other cases,
shall be attached to the right frame of
such axle so as to be visible from the
right side of the vehicle utilizing such
axle.
(c) It is unlawful for the owner of a
vehicle to place any frame around or
over the registration plate which does
not permit full view of all nmnerals
and letters printed on the registration
plate.
Sec. 25-80, Method of attaching
plates. Every registration plate shall
at all times be securely fastened in a
horizontal position to the vehicle for
which it is issued so as to prevent the
plate from swinging and at a height of
not le~q than twelve inches from the
g~ound, measuring from the bottom of
the plate, in a place and position to
be clearly visible and shall be mahi-
mcnts of husbandry in exchange for an
implement purchased, except on any
part of ti~e interstate highway system,
or to a vehicle operating under the
terms of a special permit issued as pro-
vided in Chapter 321E of the Code of
iowa.
See. 25-82. Same -- Pvojeeting
loads on passenger vehicles. No
passenger-type vehicle shall be
operated on any highway with any
load ca.ed thereon extending beyond
the line of the fenders on the left side
of such vehicle nor extending more
than six inches ~yond the ~ne of the
fenders on the right ride thereof. Pas-
~ngers shall not ride on any part of
any vehicle unless it is expressly
designed either for passenger use or
desigu~ for tarrying 5vestock, mer-
chan~, or ~eight,
See. 25-8g. Same -- Width of vehi-
cles.
(a) The total ou~ide width of any
vel2cle or the load thereon shall not
exceed eight feet except that a bus
having a total outside width not
exc~ding eight feet six inches, exclu-
sive of safety equipment, is exempt
~om tbe pemfit requkements of Chap-
ter 321E of the Code of Iowa and may
be operatM on the pubSc highways of
tbe state. However, if hay, straw or
stover moved on any implement of
husban~y and the ~tal ~dth of load
of ti~e implement of husbandry exceeds
eight feet in ~dth, the implement of
husban~y is not subject to the permit
req~emen¢~ of Chapter 321E of the
Code of Iowa. If hay, straw or stever is
mov~ on any other vehicle subject to
tedned flee from foreign materials and registration, the moves are subject to
in a condition to be clearly legible. An the permit requirements for trans-
imitation plate or plates imitating or porting loads exceeding eight feet in
width as required under Chapter 321E
purporting to imitate the official regis-
tration plate of any other state or ter-
ritory of the U~fited States or of any
foreign government shall not be fas-
tened to the vehicle.
Sec. 25-81. S~ze, Weight and Load
Restrictions. *
The provisions of this chapter gov-
erning size, weight, and load do not
apply to fire apparatus, to road main-
tonanee e cpipment owned by or under
lease to any state or local authority,
or to implemente of husbandry tem-
porarily moved upon a tfighway, or to
implements moved between the retail
~iler and a farm p~trchaser, or to indi-
visible implements of hushandry tom-
porarily moved between the place of
manufacture and a retail seller or a
farm purchaser, or implements received
and moved by a retail seller of imple-
of tile Code of Iowa. The vehicle width
lhnitations hnposed by tiffs subsection
only apply to the public highways of
the state not subject to the width limi-
tations imposed under subsection (b).
(b) The total outside width of any
vehicle and load shall not exceed eight
feet six inches, exclusive of safety
equipment determined necessary for
safe and efficient operation by the Sec*
retary of the United States Depart-
ment of Tl-ansportation, on highways
designated by the Transportation
Connnission.
Sec. 25-85. Same -- Maximum
length.
(a) A combination of four velimles
is not allowed on the highways of this
state, except for power units saddle
mounted on other power units which
shall be restricted to a maximum over~
all length of sixty-five feet.
(b) 'rhe maximum length of any
motor vehicle or combination of vehi-
cles operated on tile highways of this
state, unless subject to the maximum
length provisions of Subsection C, are
as follows:
(1) A single truck, unladen or with
load, shall not have an overall length,
inclusive of front and rear bumpers,
in excess of forty feet.
{2) A single bus, unladen or with
load, shall not have an overall length,
inclusive of front and rear bumpers,
in excess of forty feet, except that
buses constructr~t so as to contain a
flexible part allowing articulation shall
not exceed sixty~one feet.
(3) Except for combinations of vehi-
cles, provisions for which are otherwise
made in tl~s chapter, no combination
of a truck tractor and a semitrailer
coupled together unladen or with load,
shall have an overafi length, inclusive
of front and rem' bumpers, in excess of
sixty feet.
(4) However, a mobile home not in
excess of forty-eight feet in length may
be drawn by any motor vehicle, except
a motor truck, provided that the
mobile home and its towing unit are
not in excess of an overall length of
sixty feet. For the purposes of this sub-
section, a light delivery truck, panel
delivery truck or "pickup" is not a
motor truck. A portable livestock load-
ing clmto not in excess of a length of
thirt en feet including its hitch or
tongue may be drawn by any vehicle
or comblimtion of vehicles, provided
that the vehicle or combination of
vehicles drawing the loading chute is
not in excess of the legal length pro-
vided for such vehicles or combina-
tions.
(5) Combinations of vehicles coupled
together which are used exclusively for
the transportation of passenger vehi-
cles, light delivery trucks, panel deli-
very trucks, pickup trucks, recreational
vehicle chassis, and boats shall not
exceed sixty-five feet in overall length.
However, the load carried on a truck~
semitrailer combination may extend up
to two feet beyond the front bumper
and up to tbeee feet beyond tbe rem'
bumper.
(6) A combination of three vehicles
coupled together one of which is a
motor vehicle, unladen or with load
shall not have an overall length, inchi~
sive of front and rear bumpers, m
exce~s of sixty feet.
(7) A motor vehicle or combination
of vehicles nmy be operated upon the
tfighways of tiffs state, irrespective of
length and weight limitations imposed
by the laws of tiffs state, if the motor
vehicle or combination of vehicles is
opcratod within the corporate limits of
a city abutting a border of this state
and such operations have been
approved by ordinance of the city
council and if the length and weight of
the motor vehicle or combination of
velficles is hi confornfity with the laws
relating to length and weight of the
abutting state on July 1, 1974. If a city
council has authorized such operation
upon highways within the corporate
l~mite, ti~en the lhifft of travel for such
motor vehicles or combination of vehi-
cles within the state is extended to the
commercial zones as described by fed-
eral regulations concerning interstate
commerce, 49 code of federal regula~
tions, p~agraphs 1048.10, 1048.38 and
1048.101 as they exist on July 1, 1974.
(8) A semitrailer shall not have a
distance between the kingpin and the
center of its rearmost axle in excess
of forty feet, except a semitrailer used
irincipally for hauling livestock, a
emitrailer used exclusively for hauling
self-propelled industrial and construc-
tion equipment, or a semitrailer used
exclusively for ti~e purposes described
~n paragraph (5) of tiffs subsection. A
semitrailer which is a 1980 or older
model having a distance between the
kingpin and center of the rearmost axle
of more than forty feet may be
operated on the highways of this state
if a special overlength permit is
obtained from the department for the
vehicle, q'he special overlength permit
shall be valid until the semitrailer is
inoperable.
(c) The maximum length of any
motor vehicle or combination of velfi-
cles operated on the tfighways of this
state which are designated by the Sec-
retary of the United States Depm't-
ment of Transportation and the
'iYansportation Commission as a part
of the national system of interstate
and defense highways and the federal-
aid primary system shall be as ltl-
(l) A trailer or semitrailer, laden or
unladened, shall not have an overall
length in excess of fifty-three feet when
operating in a truck tractor~semitrailer
combination.
(2) A trailer or senfitrailer, laden or
unladen, shall not have an overall
length in excess of twenty-eight feet
six inches when operating in a truck
tractor-~mitr ailer comhination.
(3) Power units designed to carry
cargo, when used in comhination with
a trailer or semitrailer shall not exceed
456
Adjourned RegUlar Session, September 3, 1985
sixty-live feet in overall length for the
combination.
(d) Fi~e fighting apparatus and vehi-
cles operated during daylight hours
when transporting poles, pipe,
machinery, or other objects of a struc-
tural nature which cannot be readily
disassembled when required for emer-
gency repair of public service facilities
or properties are not subject to the
limitations on overall length of vehicles
and combinations of vehicles imposed
under this section. However, for opera-
tion during nighttime hours, these
vel~cles and the load being transported
shall be equipped with a sufficient
number of clearance lamps on both
sides and marker lamps at the extreme
ends of the projecting load to clearly
mark the dimensions of the load. A
member of the state highway safety
patrol shall also be notified prior to
the operation of she vehicle.
Sec. 25-87. Same -- Spilling loads
on streets. A vehicle shall not be
driven or moved on any tfighway by
any person unless such vehicle is so
constructed or loaded or the load
securely covered as to prevent any of
its load from dropping, sifting, leaking,
or otherwise escaping or its load cover-
lng from dropping from the vehicle,
except that sand may be dropped for
the purpose of securing traction, or
water or other substance may be sptin-
kled on a roadway in cleaning or
meintaihing such roadway. The provi-
sions of tlds section shall not apply
to vehicles loaded with hay or stover
or the products listed in Section
321.466, subsections 5 and 6 of the
Code of Iowa.
Sec. 25-100. Head lamps on motor
vehicles.
(a) Every motor vehicle other than
a motorcycle or motorized bicycle shall
be equipped with at least two (2) head
lamps with at least one on each side of
tbe front of the motor vehicle, which
head lamps shall comply with the
requirements set forth in this divieion.
(b) At afl thnes specified in Section
25-99 (a), at least two (2) lighted
lamps, except where one only is per-
mitted, shall be displayed, one at each
side at the front of every motor velficle
except when such vehicle is parked
subject to the regulations governing
lights on parked vehicles.
See. 25-101. Head lamps on
motorcycles and motorized bicy-
cles. Every motorcycle and motorized
bicycle shall be equipped with at least
one m~d not more than two (2) head
lamps which shall comply with the
requirements and limitations set forth
in this chapter.
Sec. 25-103. Lamps on other
vehicles and equipment. AIl vehi-
cles, including anhnui-drawn vehicles
and including those referred to in Sec-
tion 25-99 not hereinbefore specifically
required to be equipped with lamps,
shall at all fmaes specified in Section
25-99 be equipped with at least one
lighted lamp or lantern exhibiting a
white light visible from a distance of
five hundred feet ~o the front of such
vehicle and, except for auimal-drawn
vehicles, with a lamp or lantern exhi-
biting a red light visible from a dis-
tance of five hundred feet to the rear.
Animal-drawn vehicles shall be
equipped with a flashing amber light
visible from a distance of five hundred
feet to the rear of the vehicle during
the time specified in Section 25-99.
Sec. 25-104. Illuminating plates.
The rear lamp called for in Section 25-
102 or a separate lamp shall be so con-
structed and placed as to illuminate
with a white light the rear registra-
tion plato and render it clearly legi-
ble from a distance of fifty (50) feet to
the rear. When the rear registration
plate is illuminated by an electric lamp
other than the required rear lamp, the
two (2) lamps shall be turned on or off
only by the same control switch at all
times when head lamps are lighted.
Sec. 25-110. Mandatory lighting
equipment. Except as hereinafter pro-
vided, the headlamps or the auxiliary
driving lamp or the au:dliary passing
lamp or combination thereof on motor
vehicles other than motorcycles or
motorized bicycles shall be so arranged
that the driver may select at will
between distributions of light projected
to different elevations and such lmnps
may, in addition, be so arranged that
such selection can he made automati-
cally, subject to the following limita-
tions:
(a) There shall he an uppermost dis-
tribution of light, or composit~ beam,
so alined and of sufficient intensity as
to reveal persons and vehicles at a dis-
tance of at least three hundred fifty
(350) feet ahead for all conditions.
(b) There shall he a lowermost dis-
tribution of light, or composite beam
so aimed and of sufficient intensity to
reveal persons and vehicles at a dis-
tance of at least one hundred (100) feet
ahead. On a straight level road under
any condition of loading none of the
high-intensity portion of the beam
shall he directed to strike the eyes of
an approaching driver.
(c) Every new motor vehicle, other
than a motorcycle or motorized bicy-
Adjourned Regular Session, September 3, 1985
457
cie, which has multiple-beam road-
lighting equipment shall be equipped
with a beam indicator; which shall be
fighteti whenever the uppermost distri-
bution of light from the head lamps
is in use, and shall not otherwise be
lighted. The indicator shall be so
designed m~d located that when lighted
it will he readily visible without glare
to the driver of the vehicle so
equipped.
Sec. 25-113. Required usage of
lighting devices. Whenever a motor
vehicle is being operated on a roadway
or shoulder adjacent thereto during the
times specified in Section 25-99(a), the
driver shall use a distribution of light,
or composite beam, directed high
enougb and of sufficient intensity to
reveal persons and vehicles at a safe
distance in advance of the vehicle, sub-
ject to the requirements and limita-
tions of paragraphs (a) and (b).
(a) Whenever a driver of a vehicle
approaches an oncoming vehicle within
five hundred (500) feet, the driver shall
use a distribution of light, or composite
beam, so aimed that the glaring rays
are not projected into the eyes of the
oncoming driver. The lowermost distri-
bution of light, or composite beam
specified in subsection (2) of Section
25-110 shafi he deemed to avoid glare
at all times, regardless of road contour
and loading.
(b) Whenever the driver of a vehi-
cle follows another vehicle within two
hundred (200) feet to the rear, except
when engaged in the act of overtaking
and passing, such driver shall use a
distribution of ligi~t permissible under
this chapter other than the uppermost
distribution of light specilied in subsec-
tion (1) of Section 25-100.
The provisions of subsections (a) and
(b) do not apply to motorcycles or
motorized bicycles being operated
between sun, se and sunset.
Sec. 25-116. Brake requirements.
(a) Every motor vehicle, other than
a motorcycle or motorized bicycle,
when operated upon a highway shall
be equipped with brakes adequate to
control the movement of and to stop
and hold such vehicle, including two
(2) separate means of applying the
brakes, each of which means shall be
effective to apply the brakes to at least
two (2) wheels. If these two (2) sepa-
rate means of applying the brakes are
connected in any way, they shall be so
constructed that failure of any one
part of the operating mechanism shall
not leave the motor vehicle without
brakes on at least two (2) wheels.
(b) Every motorcycle, and motorized
bicycle, when operated upon a highway
shall be equipped with at least one
brake, wlfich may be operated by hand
or foot.
(c) Every trailer or semitrailer of a
gross weight of three thousand (3,000)
pounds or more, and every trailer
coach or travel trailer of a gwoss weight
of three thousand (3,000) pounds or
more intended for use for human habi-
tation, when operated on the roadways
of this city shall be equipped with
brakes adequate to control the move-
ment of and to stop and hold such
vehicle, and so designed as to be
applied by the driver of the towing
motor vehicle from its cab, or with
self-actuating brakes, and weight equa-
5zing hitch with a sway control of a
type approved by the director. Every
semitrailer, travel trailer, or trailer
coach of a gross weigi~t of tbree thou-
sand (3,000) pounds or more shall be
equipped with a separate, auxiliary
means of applying the brakes on the
semitrailer, travel trailer, or trailer
coach from the cab of the towing vehi-
cle. Trailers or semitrailers with a
truck or truck tractor need only com-
ply with the brake requirements.
(d) Except as otherwise provided in
this chapter, every new motor vehicle,
trailer, or semitrailer hereafter sold in
tl~s state and operated upon the high-
ways shall be equipped with service
brakes upon all wheels of every such
vehicle with the following exceptions:
(1) Any motorcycle or motorized
bicycle.
(2) Any trailer or semitrailer of less
than three thousand (3,000) pounds
gross weight need not be equipped with
brakes.
(3) Trucks and truck tractors hav-
ing three (3) or more axles need not
have brakes on the front wheels,
except that such vehicles equipped
with two (2) or more front axles shall
be equipped with brakes on at least
one of such axles; provided that the
service brakes of such vehicle comply
with the performance requirements of
Section 25-117.
(4) Only such brakes on the vehicles
or vehicles being towed in a dri-
veaway-towaway operation need be
operative as may be necessary to
insure compliance by the combination
of vehicles with the performance
requirements of Section 25-117. The
term "dtiveaway-towaway" operation
as used in this subsection means any
opera,on in which any motor vehicle
or motor vehicles, new or used, consti-
tute the commodity being transported,
when one set or more of wheels of any
458
such motor vehicle or motor vehicles
are on the roadway during the course
of transportation, whether or not any
such motor vehic)e furnishes the
motive power.
Sec. 25-123. Windshields and
windows.
(a) A person slmH not drive a motor
vehicle equipped with a windshield,
sidewings, or side or rear windows
which do not permit clear vision.
(b) A person shall not opearate on
the highway a motor vehicle equipped
with a front windshield, a side window
to the immediate right or left of the
driver, or a side-wing forward of and to
the left or right of the driver which is
excessively dark or reflective so that it
is difficult for a person outside the
motor vehicle to see into the motor
vehicle tbrough the windshield, win-
dow, or sldewing.
(c) Every motor vehicle except a
motorcycle, or a vehicle included in the
provisions of Section 321.383 or Section
321.115 of the Code of Iowa shall be
equipped with a windstfioid in accor-
dance with Section 321.444 of the Code
of Iowa.
ARTICLE VI. OPERATION
DIVISION 1. GENERALLY
Sec. 25-139. Operator's or chauf-
fear's license required. A person,
except those hereafter such as may be
expressly exempt shah not drive any
motor vehicla upon a stxeet of this city
unless such person has a valid motor
vehicle license by tbe department. No
person shall operate a motor vehioie as
a chauffeur unless he holds a valid
chauffeur's license.
Sec. 25-140. License to be in
driver's possession, displayed upon
request. Every license shall have the
licensee's operator's or chauffeur's or
motorized bicycle license or instruction
permit in immediate possession at all
times wi~en operating a motor vehicle
and shall display the same upon
demand of a judicial magistrate or dis*
trict associate judge, a peace officer, or
a field deputy or e×aminer of the
department. However, no person
charged with violating this provision
shall be convicted if he produces in
court, within a reasonable time, an
operator's or chauffeur's or motorized
bicycle license or instruction permit
theretofore issued to him, and valid at
Adjourned Regular Session, September 3, 1985
suspended, fictitious or fraudulently
altered temporary driver's permit, tem-
porary instruction permit, motorized
bicycle license, operator's license or
chauffeur's license.
(b) To lend that person's temporary
driver's permit, temporary instruction
permit, motorized bicycle license, oper-
ator's license or chauffeur's license to
any other person or knowingly permit
use thereof by another.
(c) To display or represent as one's
own any temporary driver's permit,
temporary instruction permlt,
motorized bicycle license, operator's
license, or chauffeur's license not issued
to that person.
To fail or refuse to surrender to
the department upon its lawful
demand any temporary driver's permit,
temporary instruction permit
bicycle license, operator's
x chauffeur's license which has
revoked or cancelled.
(e) To use a false or fictitious name
in any application for a temporary
driver's permit, temporary instruction
motorized bicycle license, oper-
license or chauffeur's license or
to knowingly make a false statement
or to knowingly conceal a material fact
or otherwise commit a fraud in any
such application.
(f) To permit any unlawful use of a
temporary driver's permit, temporary
instruction permit, motorized bicycle
license, operator s license or chauffeur s
license issued to him.
(g) To obtain, possess or have in
one's control or on one premises blank
motor vehicle license forms.
Sec. 25-142. Driving while license
denied, suspended or revoked.
(a) Any person whose operator's or
chauffeur's license or driving privilege
has been denied, cancelled, suspended
or revoked who drives a motor vehicle
upon the streets of this city while such
license or privilege is denied, cancelled,
suspended or revoked, commits a sim-
(b) This section shall not apply to a
whose license or driving priv-
~ has been revoked under Section
321.209 or Chapter 321B of the Code of
amended.
(c) Any person operating a
motorized bicycle on the highways of
the state not possessed of an opera-
tor s or chauffeur s license valid for
the time of his arrest.
Sec. 25-141. Unlawful use of operation of motorcycles or a valid
motorized bicycle license, shall, upon
license. It is a simple misdemeanor for convic~tion, be guilty of a simple misde-
any person:
(a) To display or cause a permit to meanor.
be displayed or have in the person's Sec. 25-146. Restricted licenses.
possession any cancelled, revoked, (a) The department may either issue
Adjourned Regular Session
a ~pecial restricted license or may set
forth such restrictions upon the usual
license form.
(b) The department shah not require
a person issued a valid operator's or
chauffeur's license to comply with any
other licensing requirements in order to
operate a motorized bicycle.
(c) It is a misdemeanor for any per-
son to operate a motor vehicle in any
manner in violation of the restrictions
imposed in a restricted license issued to
him.
Sec. 25-149. Records of rent-
als.Every person renting a motor vehi-
cie to another shall keep a record of
the registration number of the motor
vehicle so rented, the name and
address of the person to whom the
vehicle is rented, the number of the
license of said latter person and the
date and place when and where said
license was issued. Such record shah
be open to inspection by any peace
officer as defined in Section 801.4, sub-
section 7, paragraph "a", "b", "c", and
"h" of the Code of Iowa or employee
of the department.
Section 25-158. Movement of
unsafe or improperly equipped
vehicles. It is a misdemeanor, punish-
able as provided in Section 321.482 of
the Code of Iowa, for any person to
drive or ~nove or for the owner to
cause or knowingly permit to be driven
or moved on any street any vehicle or
combination of vehicles which is in
such unsafe condition as to endanger
any person, or which does not contain
those parts or is not at all times
equipped with such lamps and other
equipment in proper condition and
adjustment as required in this chapter,
or which is equipped with one or more
unsafe tires or which is equipped in
any manner in violation of this chap-
tel
Sec. 25-187.1. School busses dis-
charging pupils.
(a) The driver of a school bus used
to transport children to and from a
public or private school shall, when
stopping to receive or discharge pupils,
turn on flashing warning la~nps at a
distance of not less than three hundred
feet nor more than five hundred feet
from the point where the pupils are to
be received or discharged from the bus.
At the point of receiving or discharging
pupils, the driver of the bus shall bring
the bus to a stop, turn off the amber
flashing warning lamps, turn on the
red flashing warning lamps, and extend
the stop arm. After receiving or dis-
charging pupils, the bus driver shall
turn off all flashing warning lamps,
September 3, 1985 459
retract the stop arm and proceed on
the route. Except to the extent that
reduced visibility is caused by fog,
snow or other weather conditions, a
school bus shah not step to receive or
discharge pupils unless there is at least
three hundred feet of unobstructed
vision in each direction. However, the
driver of a school bus is not required to
use flashing warning lamps and the
stop arm when receiving or discharging
pupils at a designated loading and
unloading zone at a school attendance
center or at extracurricular or educa-
tional activity locations where students
exiting the bus do not have to cross
the street or highway.
If a school district contracts with an
urban transit system to transport chil-
dren to mad from a public or private
school, the school bus wifich is pro-
vided by the urban transit system shall
not be required to be equipped with
flashing warning lights and a stop arm.
If the school bus provided by an urban
transit system is equipped with flash-
mg warning lights and a stop arm, the
driver of the school bus shall use the
flashing warning lights and stop arm as
required ~y law.
A school bus, when operating on a
highway with four or more lanes shall
not stop to load or unload pupils who
must cross the highway, except at
designated stops where pupils who
nust cross the highway may do so at
)ointe where there are official traffic
control devices or police officers.
A school bus shall, while carrying
)assengers, have its headlights turned
on.
(b) All pupils shall be received and
discharged from the right froot
entrance of every school bus and if
said pupils must cross the highway,
they shall be required to pass in front
of the bus, look in both directions, and
proceed to cross the highway only on
signal from the bus driver.
(c) The driver of any vehicle when
meeting a school bus on which the
anber warbling lamps are flashing shall
reduce the speed of said vehicls to not
more than twenty relies per hour, and
shall bring said vehicle to a complete
stop when school bus stops and stop
sigual arm is extended and said vehicle
shall remain stopped until stop arm is
retracted after which driver may pro~
ceed with due caution.
The driver of any vehicle overtak-
lng a school bus shall not pass a school
bus when red or amber warning signal
lights are flashing and simll bring said
vehicle to a co~nplete stop not closer
than fifteen feet of the school bus
46O
Adjourned Regular Session, September 3, 1985
when it is stopped and stop arm is
extended, and shall remain stopped
until the stop arm is retracted and
school bus resumed motion, or until
signaled by the driver to proceed.
(d) The driver of a vehicle upon a
highway providing two or more lanes
in each direction need not stop upon
meeting a school bus which is trav-
eling in the opposite direction even
though the scbool bus is stopped.
Sec. 25-197. Limitations on over-
taking on the left.
(a) Except on one-way streets, a
vehicle shall not be driven to the left
side of the center of the roadway in
overtaking and passing another vehi-
cie proceeding in the same direction
unless the left side is clearly visible and
is free of oncoming traffic for a sufli-
cient distance ahead to permit the
overtaking and passing to be comple-
tely made without interfering with the
safe operation of a vehicle approaching
from the opposite direction or a vehicle
overtaken. The overtaking vehicle shall
return to the right-hand side of the
roadway before coming within three
hundred feet of a vehicle approaching
from the opposite direction when tray-
cling on a roadway having a legal
speed limit in excess of thirty miles per
hour, and the overtaking vehicle shall
return to the right-hand side of the
roadway before coming within one
hundred feet of a vehicle approaching
from the opposite direction when tray-
cling on a roadway having a legal
speed limit of thirty miles per hour or
less.
Sec. 25-210. Step intersections.
(a) The driver of a vehicle approach-
lng a step intersection indicated by a
step sign shall stop at the first oppor-
tunity at either the clearly marked
step line or before entering the cross-
walk or before entering the intersection
or at tbe point neare~st the intersecting
roadway where the driver has a view of
approaching traffic on the intersecting
roadway before entering the intersec-
tion. Before proceeding, the driver shall
yield the right of way to any velimle
on the intersecting roadway which has
entered the intersection or which is
approaching so closely as to constitute
an immediate hazard during the time
the driver is nioving across or within
tbe h~tersection.
Sec. 25-212. Yield intersections.
(a) The driver of a vehicle approach-
ing a yield sign shall slow to a speed
reasonable for the e~isting conditions
and, if required for safety, shall stop at
the first opportunity at either the
clearly marked stop line or before
entering the crosswalk or befbre enter-
ing the intersection or at the point
nearest the intersecting roadway where
the driver has a view of approaching
traffic on the intersecting roadway.
After slowing or stopping, the driver
shall yield the right of way to any
vehicle on tile intersecting roadway
which has entered the intersection of
which is approaclfing so closely as to
constitute an immediate hazard during
the thne the driver is moving across or
within the hitersection.
Sec. 25-214, Operation on
approach of emergency vehicles.
(a) Upon tile immediate approach of
an authorized emergency vehicle with
any lamp or device displaying a red
light, or an authorized emergency vehi-
cle of a fire department displaying a
blue light, or when the driver is giving
audible signal by siren, exhaust wtds-
tie, or bell, the driver of every other
vehicle simfi yeild the right of way and
shall immediately drive tea position
parallel to, and as close as possible to,
the right hand edge or curb of the
highway clear of any intersection and
simfl stop and remain in such position
until tbe authorized emergency vehicle
has passed, except when otherwise
directed by a police officer. For the
purposes of tiffs section, "red light" or
"blue ligbt" means a light or lighting
device that, when illuminated, will
exhibit a solld flashing or strobing red
or blue light.
Sec. 25-221. Control of vehinle.
(a) A person operating a motor veld-
cie shall have the same vehicle under
control at all times.
(b) A person operating a motor vehi-
cle shall reduce the speed to a reason-
able and proper rate:
(1) When approaching and passing
a person walking in the txaveled por-
tion of the public street.
(2) When approaching and passing
an aalmal which is being led, ridden,
or driven upon a public street.
(3) When approaching and travers-
lng a crossing or intersection of pub-
lic streets, or a bridge, sharp turn,
curve, or steep descent, in a public
street.
(4) When approaching and passing
a fusee, flares, red reflector electric
lanterns, red reflectors or red flags dis-
played in accordance with Section
321.448 of the Code of Iowa, or an
emergency vehicle displaying a revolv-
ing or flasidng
(5) When approaching and passing
a slow moving vehicle displaying a
reflective device as provided by Sec-
tion 321.383 of the Code of Iowa~
Adjourned Regular Session, September 3, 1985
461
(6) When approacldng and passing
through a sign posted construction or
maintenance zone upon the public
highway.
PASSED, ADOPTED AND
APPROVED this 3rd day of Septem-
ber, 1985.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
Septamber, 1985.
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
final adoption of the Ordinance. Second-
ed by CounciI Member Stackis. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Kinesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitting Ordinance to update Section
35-12 of the City Code providing for the
partial exemption for value added to cer-
tain real property by new construction
and acquisition of improvement to cer-
tain machinery or equipment, presented
and read. Council Member Kluesner
moved that the communication be
received and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 56-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
REPEALING SECTION 35-12
THEREOF AND ENACTING A NEW
SECTION 35-12 IN LIEU THEREOF
PROVIDING FOR THE PARTIAL
EXEMPTION FOR VALUE ADDED
TO CERTAIN REAL PROPERTY BY
NEW CONSTRUCTION AND AC-
QUISITION OR IMPROVEMENT TO
CERTAIN MACHINERY OR EQUIP-
MENT, presented and read.
Council Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Kronfeldt. Car-
tied by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Council Member Kluesner moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, HammeI, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 56-35
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 35-12
THEREOF AND ENACTING A
NEW SECTION 35-12 IN LIEU
THEREOF PROVIDING FOR THE
PARTIAL EXEMPTION FOR
VALUE ADDED TO CERTAIN
REAL PROPERTY BY NEW CON-
STRUCTION AND ACQUISITION
OR IMPROVEMENT TO CERTAIN
MACHINERY OR EQUIPMENT.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That tile Code of Ordi-
lmnces of the City of Dubuque, Iowa,
be amended by repealing Section 35-
12 thereof and enacting a new Section
35-12 in lieu thereof as follows:
"Sec. 85-12. Partial exemption
for value added to industrial real
estate by new construction and
acquisition or improvement te cer-
tain machinery or equipment.
(a) Scope; applicability. This section
provides that City Council may pro-
vide by ordinance enacted not less
than thirty (30) days after a public
hearing held in accordance with Sec-
tion 362.3 of the Code of Iowa for a
partial exemption from property tax-
ation of the actual value added to the
industrial real estate by the new con-
struction of industrial real estate,
research-service facilities, warehouses,
distribution centers and the acquisition
of or improvement to machinery and
equipment assessed as real estate put-
462 Adjourned Regular Session, September 3, 1985
suant to Section 427A.1, Su''' '
conditioned as follows: or _wu_
(1) New construction, as referced to
herein, means new buildings and stsuc-
tures, and includes new buildings and
structt~res which are constructed as
additions to existing buildings and
structr~res. New construction does not
include reconstruction of an existing
building or structure which does not
constitute completa replacement of an
existing building or refitting of an
existing building or structure, unless
the reconstruction of an existing build-
ing or structure is required flue to eco-
nomic o b s° I e s c e n cnl/~'-
and the
reconstruction is necessary to imple-
ment recognized industry standards for
the manufacturing and processing of
specific products and the reconstruc-
tion is required for the owner of the
building or structure to continue to
competitively manufacture or process
those products, which determination
sl~ali receive prior approval from the
City Council upon the recommenda-
tion of the Iowa Development Com-
(2) The exemption shall also apply
to new machinery and equipment
assessed as real estate pursuant to Sec-
tion 427A.1, Subsection 1, paragraph
"e", of the Code of Iowa, unless the
machinery or equipment is part of the
normal replacement or operating pro-
cecos to maintain or expand the existing
operational status.
(3) Research-sexvice Facilities means
a building or group of buildings
devoted primarily to research and
development activities, hichiding, but
not limited to, the design and produc-
tion or manufacture of prototype pro-
ducts for experimental use, and
corporate-research services which do
not have a primary purpose of provid-
ing on-site services to the public.
(4) Warehouse means a building or
structure used as a public warehouse
for the storage of goods pursuant to
Chapter 554, Article 7 of the Code of
Iowo~ except that it does not mean a
building or structure used ptimarily to
store raw agricultural products or from
which goods are sold at retail.
(5) Distribution center means a
building or structure used primarily for
the storage of goods which are
intended for subsequent shipment to
retail outlets. Distribution center does
not mean a building or structure used
primarily to stere raw agricultural pro-
ducts, used primarily by a manufac-
turer to store goods to be used in the
6) A property tax exemption under
this section shall not be granted if the
property ~r which the exemption is
clahned has received any other prop-
erty tax exemption authorized by law.
(b) Application, information to be
prior approval of new con-
;tructlon proposals. An application
shall be flied for each project result-
ing in actual value added for which
an exemption is claimed. The appli-
cation for exemption shall be filed by
the owner of the property with the
local assaessor by February first of the
assessment year in which the value
added is first assessed for taxation.
Applications for exemption shall be
made on forms prescribed by the
Director of Revenue of the State of
Iowa and shall contain information
pertaining to the nature of the
improvement, its cost and other infor-
mation deemed necessary by the said
Director.
A person may submit a proposal to
the City Council to receive prior
approval for eligibility for a tax
exemption on new construction. The
City Council, by ordinance, may give
its prior approval of a tax exemption
for new construction if the new con-
struction is in conformance with the
zoning plans for the city. The prior
approval shall also be subject to the
hearing requirements of this section.
prior approval does not entitle the
owner to exemption from taxation
until the new construction has been
completed and found to be qualified
real estate. However, if the tax exemp-
tion for new construction is not
approved, the person may submit an
amended proposal to the City Council
to approve or reject.
(c) Amount of exemption. The
actual value added to industrial real
e for the reasons specified in this
section is eligible to receive a partial
exemption from taxation for a period
of five (5) years. However, if property
ceases to be classified as industrial real
estate or ceases to be used as a
research-service facility or a warehouse
or distribution center, the partial
exemption for the value added shall
not be allowed for subsequent assess-
ment years. "Actual value added", as
used in this section, means the actual
value added as of the first of the year
for which the exemption is received,
except that "actual value added by
improvements to machinery and equip-
ment" means the actual value as
Adjourned Regular Session September 3, 1985
463
determined by the assessor as of Jan-
uary first of each year for which the
exemption is received. The amount of
actual value added which is eligible to
be exempt from taxation shall be as
follows:
(1) For the first year, seventy-five
(75) percent.
(2) For the second year, sixty (60)
percent.
3) For the third year, forty-five (45)
percent.
(4) For the fourth year, thirty (30)
percent.
(5) For the fifth year, fifteen (15)
p~cent,
However, the granting of the exemp-
tion under this section for new con-
struction constituting complete
replacement of an existing building or
structure shall not result in the
assessed value of the industrial real
estate being reduced below the assessed
value of the industrial real estate
before the start of the new construc-
tion added.
(d) Duration, repeal of exexnption.
The partial exemption shall be avail-
able until such time as this section is
repealed by the City Council. When,
in the opinion of the City Council,
continuation of the exemption granted
in this section ceases to be of benefit to
the city, the City Council may repeal
this section, but all existing exemptions
shall continue until their expiration."
PASSED, ADOPTED AND
APPROVED this 3rd day of Septem-
ber, 1985.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Heralil newspaper this 9th day of Sep-
tember, 1985.
Mary A~ Davis
City Clerk
Council Member Kluesner moved
final adoption of the Ordinance. Second~
ed by Council Member Kronfeldt. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackls.
Nays--None.
Communication of City Manager sub-
mitring Ordinance to update a number
of sections of Chapter 5 of the City Code,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed. Seconded by
Council Member Kronfeldt. Carried by
the fo~owing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 58-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING NEW SECTIONS 5-1, 5-3, 5-4,
5-5, 5-6, 5-7, 5-8, 5-19, 5-20, 5-21, 5-22,
5-23, 5-24, 5-26, 5-27, 5-28, 5-29, 5-31,
5-35, 5-36, 5-37, 5-38 and 5-39 IN LIEU
THEREOF PROVIDING FOR THE
ISSUING OF AN REGULATING LI-
QUOR CONTROL LICENSES, WINE
PERMITS AND BEER PERMITS,
~resented and read.
Council Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Kronfaldt. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Council Member Kluesner moved that
the rule requiring an Ordinance to be
~resented and read at two meetings
~rior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 58-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTIONS 5-1, 5-3, 5-
4, 5-5, 5-6, 5-7, 5-8, 5-19, 5-20, 5-21, 5-
22, 5-23, 5-24, 5-26, 5-27, 5-28, 5-29, 5-
31, 5-34, 5-35, 5-36, 5-37, 5-38 AND 5-39
THEREOF AND ENACTING NEW
SECTIONS 5-1, 5-3, 5-4, 5-5, 5-6, 5-7,
5-8, 5-19, 5-20, 5-21, 5-22, 5-23, 5-24, 5-
26, 5-27, 5-28, 5-29, 5-31, 5-34, 5-35, 5-
36, 5-37, 5-38 AND 5-39 IN LIEU
THEREOF PROVIDING FOR THE
ISSUING OF AND REGULATING
464
Adjourned Regular Session, September 3, 1985
LIQUOR CONTROL LICENSES,
WINE PERMITS AND BEER PER-
MITS.
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 5-1,
5-3, 5-4, 5-5, 5-6, 5-7, 5-8, 5-19, 5-20, 5-
21, 5-22, 5-23, 5-24, 5-26, 5-27, 5-28, 5-
29, 5-31, 5-34, 5-35, 5-36, 5-37, 5-38 and
5-39 thereof and enacting new Sections
54, 5-3, 5-4, 5-5, 5-6, 5-7, 5-8, 5-19, 5-20,
5-21, 5-22, 5-23, 5-24, 5-26, 5-27, 5-28, 5-
29, 5-31, 5-34, 5-35, 5-36, 5-37, 5-38 and
5-39 in lieu thereof as follows:
"Sec. 5-1. purpose of chapter.
The purpose of this chapter is to
provide administration of licenses and
permits, and for local regulations and
procedures for the conduct of the sale
and consumption of beer, wine and
liquor, for the protection of the safety,
he. lib, peace, morals and welfare of
the city.
Sec. 5-3. Prohibited sales and
acts.
A person or club holding a liquor
license or retail wine or beer permit
under this chapter, and the person's
or club's agents or employees, shall not
do any of the following:
(a) Sell, dispense or give to any
intoaicated person, or a person simu-
lating intoxication, any alcholoic
liquor, wine or beer.
(b) Sell or dispense any alcoholic
liquor, wine or beer on the premises
covered by the license or permit, or
permit its consumption thereon
between the hours of 2:00 a.m. and
6:00 a.m. on any weekday, and
between the hours of 2:00 a.m. on Sun-
day and 6:00 a.m. on the following
Monday; however, a holder of a liquor
control license or retail beer permit
granted the privilege of selling alco-
holic liquor, wine or beer on Sunday
may sell or dispense alcoholic liquor,
wine or beer on Sunday between the
hours of 10:00 a.m. and 12:00 p.m. on
Sunday.
(c) Sell alcoholic beverages, wine or
beer to any person on credit, except
with a bona fide credit card. Tiffs pro-
vision does not apply to sales by a club
to its members nor to sales by a hotel
or motel to bona fide registered
guests~ '
(d) Employ a per~n under the age
of eighteen (18) years in the sale or
serving of alsoholic liquor~ wine or beer
for consumption on the premises where
sold.
(e) Sell, give or otherwise supply any
alcoholic beverage, wine or beer to any
person, knowing or having reasonable
cause to believe the person to be under
legal age, or permit any person, know-
ing or having reasonable cause to
believe the person to be tinder legal
age, to consume any alcoholic bever-
age, wine or beer.
(f) In the case of a retail beer or
vane permittee, knowingly allow the
mixing or adding of alcohol or any
alcoholic beverage to beer, wine or any
other beverage in or about the permit-
tee's place of business.
(g) Keep, or allow to be kept, gaul-
bling devices of any kind or descrip~
tion on the premises or place of
business of the licensee or permit
holder, contrary to law.
(h) Keep on premises covered by a
liquor control license any alcoholic
liquor in any container except the orig-
inal package purchased from the
department, and except mixed drinks
or cocktail's mixed on the premises for
immediate consmnption. This prohibi-
tion does not apply to common carriers
holding a Class "D" liquor control
license.
(i) Reuse for packaging alcoholic
liquor or wine any contahier or recep-
tacle used originally for packaging
alcoholic liquor or wine; or adulterate,
by the addition of any substances, the
~ontents or remaihing contents of an
original package of an alcoholic liquor
or wine; or knowingly possess any orig-
inal package which has been so reused
or adulterated.
Sec. 5-4. Sunday sales.
Any club, hotel, motel or commer-
cial establishinent holding a liquor
control license for whom the sale of
goods and services other than alcoholic
liquor, wine or beer constitutes fifty
(50) percent or more of the gross
receipts from the hcensed pretnises
may sell and dispense alcoholic liquor
and wine to patrons on Sundays for
consumption on the premises only and
beer and wine for consmnption on or
off the premises between the hours of
10:00 a.m. and 12:00 p.m. on Sunday.
See. 5-5. Beer brand signs prohi-
bited.
No signs or other matter advertis-
ing any brand of beer or wine shall be
erected or placed upon the outside of
any premises occupied by a licensee or
pernsittee authorized to sell beer or
wine at retail. This section does not
~rotfibit the use of signs or other mat-
er inside a fence or similar enclosure
vhich wholly or partially surrounds
the hcensed pre~nises.
Adjourned Regular Session
Sec. 5-6, Consumption in public
places; intoxication.
It ks unlawful for any person to use
or consume alcoholic liquors, wine or
beer upon the public streets or high-
ways, or alcoholic hquors in any pub-
lic place, except premises covered by
a liquor control license, or to possess
or consume alcoholic liquors, wine or
beer on any public school property or
while attending any public or private
school related functions, and a person
shall not be intoxicated nor simulate
intoxication in a public place. As used
in this section, "school" means a school
or that portion of a school, wlfich pro-
vides teaching for any grade fi'om kin-
derg~ten through grade twelve.
Sec. 5-7. Persons under legal
age.
A person shall not sell, give or oth-
erwise supply alcoholic liquor, wine or
beer to any person knowing or hav-
ing reasonable cause to believe such
pe~on is under legal age, and a per-
son under legal age shall not indivi-
dually or jointly have alcoholic liquor,
wine or beer in their po&session or con-
trol; except in the case of liquor, wine
or beer given or dispensed to a person
under legal age within a private borne
and with the knowledge and consent of
tile parent or guardian for beverage or
medicinal purposes or as achninistered
to the person by either a physician or
dentist for medicinal purposes, and
except to the extent that a person
under legal age nmy handle alcoholic
beverages, wlne and beer during the
rebmlar course of his employment by
a liquor control licensee, wine permit-
tee or beer permittee under state law.
Sec. 5-8. Notice of violation upon
issuance of citation.
Thc chief of police, or his designee,
shafi provide written notice to a beer
permit, wine permit or liquor license
hokler upon issuance of summons or
sitasion to any employee or agent for
a violation of Section 5-3 or Section
5-7 of this ckapter, m' the provisions
of Iowa Code Section 123.47 or 123.49.
Such notice of violation shall be
dh'ected to the permit or license holder
as recorded hi the office of the city
clerk, and shall be by Certified United
States Mail, Return Receipt
Requested.
When the holder or the permit or
license has been issued a citation or
action of the police, the above provi-
sion of notice shall not be required.
Sec. 5-19. Required.
No person shall sell beer or ~vine at
retail in the city, nor shafi any person
September 3, 1985 465
sell beer, wine or alcohohc liquor in
the city for consumption on the prem-
ises, without first obtaining a beer per-
mit, wine permit or a liquor control
license as required by state law and
subject to the provisions of this arti-
Section 5-20. Classes of beer per-
mits and wine permits.
(a) Beer pemffts shall be classed as
follows:
(1) Class B. A class B (retail) beer
)erndt shall allow the holder to sell
beer at retail for consmnption on or
off the premises.
(2) Class C. A class C beer permit
shall allow the holder to sell beer at
retail for consumption off the prem-
ises only. Such sales shall be in origi-
nal containers only~ No class C permit
shall be issued; to any person except
the owner or proprietor of a grocery
store or pharmacy.
(3) Class D. A class D beer permit
shall allow the holder to sell beer for
and wine in original containers only
for consumption off the prenrises.
(4) Class E. A class E beer permit
shall allow the holder to sell beer and
wine in original containers only for
consumption off the premises.
(5) Class F. A class F beer permit
shall allow the holder to manufacture
and sell, or sell at wholesale, beer for
consumption off the premises, such
sales witiffn the state to be made only
to persons holding subsisting class "A",
"B", or "C" permits, or liquor control
(b) Wine permits shall be classed as
follows:
(1) Class B. A class B wine permit
shdil allow the holder to sell wine at
retail fro' consumption off the prom-
Sec. 5-21. Classes of liquor con-
Liquor control licenses shall be
:lassed as follows:
(a) Class A. A class A liquor control
license may be issued to a club and
shall authorize the holder to purchase
alcoholic liquors from only the depart-
ment, wine from the department or
class A wine pernrittees, and native
and to sell liquors, wine and beer, to
be~m fide members and theh' guests by
the individual drink for consumption
on the prenffses only.
(b) Class B. A class B liquor control
license may be issued to a hotel or
motel and shall authorize the holder
to purchase alcoholic liquors frmn only
the department, wine from the depart-
466
Adjourned Regular Session, September 3, 1985
ment or class A wine permittees, and
native wines from native wine manu-
facturers, and to sell liquors, wine and
beer, to patrons by the individual drink
for consumption on the premises only,
however, beer may also be sold for
consumption off the prenrises. Each
license shall be effective throughout
the premises described in the applica-
(c) Class C. A class C liquor control
license may be issued to a commer-
sial estabfislunent but must be issued
in the name of the individuals who
actually own the entire business and
shall authorize the holder to purchase
alcoholic liquors from only the depart-
ment, wine from the department or
class A wine permittees, and native
wines from native wine manufacturers,
and to sell liquors, wi~;& and beer, to
patrons by the individual drink for
consumption on the premises only,
however, beer may also be sold for
consmnption off the premises.
A special class C liquor control
license may be issued and shah autha-
tize she holder to purchase wine from
tbe department or class A wine per-
mittees only, and to sell wine and beer
to patrons by the individual drink for
consumption on the premises only,
however, beer may also be sold for
consmnption off the premises. The
license issued to holders of a special
class C license shall clearly state on its
face that the license is lhnited.
(d) Class E. A class E liquor control
license may be issued to a hotel or
motel and shall authorize the holder
to purchase alcoholic liquors from only
the department, native wines from
native wine manufacturers, wines from
either the department, a class "A"
wine permittee, or a class "F" beer
permittee, and to sell such liquors and
beer, to patrons by the individual drink
for consumption on the premises only,
however, beer and wine may also be
sold in original containers only for
consumption off the premises. Each
license shall be effective through the
pre~nises described in the application.
(e) Class F. A class F liquor control
license may be issued to a commer-
clal establishment but must be issued
in the nmne of the individuals who
actually own the entire business and
simfi authorize the holder to purchase
alcoholic liquors frown the department,
wines from either the depart~nent, a
premises only, however, beer and wine
may also be sold in original contah~ers
only for consumption off the premises.
(f) Class G. A special class "G"
liquor conVcol license may be issued
and shall authorize the holder or
holders to purchase wine containing
not more thm~ seventeen percent alco-
hol by weight t~om either the depart-
ment, a class "A" wine permittee, or
a class "F" beer permittee, and to sell
.uch wine and beer, to patrons by the
n~livldual drink for consmnption on
the premises only, however, beer and
vane may also be sold in original con-
tainers only for consumption off the
)remises. The license issued to holders
of a special class "G' license shall
clearly state on its face "alcoholic
liquor, limited to wine only."
Sec. 5-22. fleparate beer permits
and wine permits required for sep-
rate locations.
(a) Each person holding a class B
class C beer permit having more
than one place of business where such
beer is mid shall be required to have
a separate beer permit for each sepa-
rate place of business, except as oth-
erwise prohibited by state law.
(b) A class B wine permittee hay-
mg more than one place of business
vhere wine is sold shall obtain a sep-
arate permit for each place of busi-
Sec. 5-23. Application; bond.
A verified application for the orig-
inal issuance or the renewal of a liqgzr
control license, wine permit or beer
permit shall be filed at such time, in
such number of copies and in such
form as the state director of beer and
liquor control shall prescribe, on forms
~reseribed by him. The application
shall be accompmfied by the required
fee and bond and shall be filed with
the council for approval or disap-
proval. The bond to be submitted shall
be in a form prescribed by the state
and in the following amounts
hall be conditioned upon compll-
with all provisions of the Iowa
Beer and Liquor Control Act.
(a) With any class A, B or C liquor
control license, the bond shall be five
(b) ,With any class E, F or G liquor
the bond shall be six
thousand dollars ($6,000.00).
(c) With any class A beer permit,
the bend shall be five thousand dollars
class "A" wine permittee, or a clas~ ($5,000.00).
"F" beer pemtittee, and to sell such (d) With any class B or C beer per-
liquors and beer to patrons by the indi- mit, the bend shah be five hundred
vidual drink for consumption on the dollars ($500.00).
Adjourned Regular Session, September 3, 1985 467
(e) With any class D or E beer per-
mit, the bend shah be fifteen hundred
dollars ($1,500.00).
(f) With any class F beer permit, the
bond shall be one thousand dollars
(St,000.00).
(g) With any class B wine permit,
the bond shall be one tllousand dollars
($~,ooo.oo).
Sec. 5-24. Persons eligible.
Upon meeting the requirements
imposed by state law, the provisions
of tbis Code and other ordinances of
the city, a person who is of good moral
character may apply for a liquor con-
trol license, wine permit or beer permit.
In the case of a club, corporation or
partaership, the officers of the club or
corporation and the partners of a part-
nersbip shall be persons of good moral
character as defined by state law and
this chapter.
Sec. 5-26. Investigation of appli-
cant and premises.
Upon receipt of an original applica-
tion for a liquor license, wine permit
or beer permit by the clerk, it shall be
forwarded to the chief of police, who
shall conduct an investigation and
shall submit a written report on the
applicant as to tile truth of the facts
averred in the application and a rec-
ommendation to the council as to the
approval of the license or pemrit. It
shall be the duty of the health inspec-
tor, the building inspector and the fire
ct~ef to inspect the premises to deter-
mine if they conform to the require-
ments of the city, and no l~cense or
permit shall be approved until or
unless an approving report has been
filed wish the council by such officers.
Sec. 5-27. Requirements for
premises.
(a) An applicant for a liquor control
ficense, wine permit or beer permit, as
a further condition for approval by the
council, must give consent in writing
on the application that members of the
fire and police departments and the
building and health services divisions
may enter upon the premises without
warrant to inspect for violations of the
provisions of state law and of this
chapter.
(b) In addition to any other require-
~nents, the premises for which a beer
permit, wine permit or liquor control
license is sought shah meet the follow-
ing requirements:
(1) No liquor control license, wine
permit or beer permit shall be
approved for premises which do not
regulations.
(2) No licensee shall have or muin-
taln any interior access to residential
or sleeping quarters unless permission
is granted by she state beer and liquor
contro! director in the form of a living
quarters penuit.
premises for which a retail
beer permit is sought shafi be located
within a business district or an area
now or hereafter zoned to permit such
business and shall conform to the zon-
ing requirements of the city. However,
no class B beer permit shall be issued
for premises located in Loeui Business
A District Classification unless a public
heating is first held therefor and due
such public hearing has first
(4) The prentises of a retail beer per-
mittee shall, at the time of the appli-
cation, continue to be equipped with
sufficient tables and seats to accmn-
modate twenty-five (25) persons at one
(5) No state liquor store shall be
located within three hundred (300) feet
of a public or private educational insti-
tution unless a lesser distance is specif-
ically authorized by this Code or other
city ordinances.
flee. 5-28. Proof of financial
responsibility.
Each liquor control licensee and
retail beer permittee shall furnish proof
of fi~mneial responsibility either by the
existence of a fiability insurance policy
or by posting bond in such mnount as
shall be determined by the depart-
Sec. 5-29. Fees.
The following fees shall be submit-
ted with the respective application for
a beer permit, wine permit or liquor
~ this article:
(a) For a class B beer permit, the
shall be three hundred dol-
lam ($300.00);
(b) For a class C beer permit, the
mnual fee shall be graduated on the
basis of the amount of interior floor
sq~ace which comprises the retail sales
area of the premises covered by the
as follows:
(1) Up to one thousand five hundred
1,500) square feet, the fee shall be sev-
nty-five do flats ($75.00).
(2) Over one thousand five hundred
(1,500) square feet and up to two thou-
sand (2,000) square feet, the fee shall
be one hundred dollars ($100.00).
(3) Over two thousand (2,000) square
feet and up to five thousand (5,000)
confoiffa to all applicable laws, prow-
sions of this Code and other ordi- square feet, the fee shall be two hun-
nances, resolutions, and health and fire dred dollars ($200.00).
468
Adjourned Regular Session, September 3, 1985
(4) Over five thousand (5,0~0) square
feet, the fee shall be three hundred
dollars ($300.00).
(c) For a class D beer permit, the
mmual fee shall be eight hundred daf-
lars ($800.00).
(d) Flor a class E beer permit, the
annual fee shall be graduated on the
basis of the amount of interior floor
space which comprises the retail sales
area of the premises covered by the
permit as follows:
(1) Up to one thousand five hundred
(1,500) square feet, the sum of five
hun&ed seventy-five dollars ($575.00).
(2) Over one thousand five hun&ed
(1,500) square feet, the sum of six hun-
&ed dollars ($600.00).
(3) Over two thousand (2,000) and
up to five thousand (5,000) square feet,
the sum of seven hundred dollars
($700.00).
(4) Over five thousand (5,000) square
feet, the sum of eight hundred dollars
(SS00.00).
(e) For a class F beer permit, the
annual fee shall be one thousand daf-
lars ($1,000.00).
(f) For a class A liquor control
license, tie annual fee shall be:
(1) For clubs generally, six hundred
dollars ($690.00).
(2) For a club with less than two
hun&ed fifty (250) members, four hun-
&ed dollars ($400.00).
(3) For a club which is a post,
branch or chapter of a veterans' orga-
nization clmrtered by the Congress of
the United States, if such club does
not sell or permit the consumption of
alcoholic beverages, wine or beer on
the premises more than one day in any
week, and if the application for a
license states that such club does not
and will not sell or permit the con-
sumption of alcoholic beverages on the
premises more than one day in any
week, two hundred dollars ($200.00).
(g) For a class B or class C liquor
control license, the fee shall be thir-
teen hun&ed dollars ($1,300.00).
(h) For a class E or class F liquor
control license, the fee shall be eigh-
teen hundred dollars ($1,800.00).
(i) For a class G liquor control
license, the fee shall be nine hundred
fifty dollars ($950.09).
(j) For a class B wine permit, the
fee shall be five hundred dollars
($~o0.o0).
Sec. 5-31. Nature and scope of
license or permit.
A liquor control license or beer or
wine permit shall be a purely personal
privilege and shall be revocable for
cause; it shall not constitute property
nor be subject to attachinent and exe-
cution, nor be alienable nor assignable
m~d, in any case, it shall cease upon
the death of the permittee or licensee;
however, the director may in his dis-
cretion allow the executor or adminis-
trator of a permittee or licensee to
operate the business of the decedent
for a reasonable time, not to exceed
the expiration date of the permit or
license. Each permit or license shall be
issued in the name of the applicant
and no person holding a permit or
license shall allow any other person to
use it.
Sec. 5-34. Term of Hcense or per-
mit; seasonal licenses and permits.
All liquor control licenses, wine per-
mits and beer permits, unless sooner
suspended or revoked, shall expire one
(1) year from the date of issuance. Six
(6) or eight (8) month seasonal licenses
or wine permits or beer permits may be
issued for a proportionate part of the
license or permit fee. No seasonal
license or permit shall be renewed
except after a period of two (2)
months. Seasonal licensing shall be
only os pemfitted by state regalation.
Sec. 5-35. Application for
Upon receipt of an appfication for
the renewal of a liquor license, wine
permit or beer permit, it shall be for-
warded te the chief of police only, who
shall conduct an investigation and
shall submit a written report on the
applicant as to the truth of the facts
answered in the application and a rec-
ommendation to the council as to the
approval of the license or permit.
Section 5-36. Suspension and rev-
ocation -- Generally; grounds.
A liquor control license, wine per-
nfit or beer permit may be suspended
for a period up to one year, or revoked,
for any violation of law, including this
Code or other ordinances, following
notice and hearing, and shall be
revoked in accordance with the provi-
sions of state law for any of the fol-
lowing causes:
(a) Misreprese°ntatio n of any
material fact in the application for the
license or permit;
(b) Violation of any of the provi-
sions of the Iowa Beer and Liquor
Control Act;
(c) Any change in the ownership or
interest in the business operated under
any liquor control license, wine perntit
or any beer permit, which change was
not previously reported to and
approved by the city and the depart-
ment;
Adjourned Regular Session
(d) An event which would have
resulted in disqualification from receiv-
ing the license or permit when otigi-
nally issued;
(e) Any sale, hypothecation or trans-
fer of the license or permit;
(f) The failure or refusal on the part
of any licensee or permittee to render
any report or remit any taxes to the
department under the state act.
Sec. 5-37. Same -- Specific terms.
(a) The conviction of any liquor
con~sal licensee, wine permittee or beer
permittee for a violation of any of the
provisions of subsections (a) to (f),
inclusive, of Section 5-3 of this chapter
shall, subject to paragraph (b) of this
section, be grounds for the suspension
or revocation of the license or permit
by the department or the city. How-
ever, if any liquor control licensee is
convicted of any violation of Section
123.49(2)(a), (d) and (3) of the Code of
Iowa or any beer permittee convicted
of a violation of Section 123.49(2)(a) of
the Code of Iowa, the liquor control
license, wine or beer permit shall be
revoked and shall immediately be sur-
rendered by the holder, and the bond
of the license or permit holder shall be
forfeited to the department of beer and
liquor control.
(b) If any licensee, wine permittee,
beer permittee or employee of such
licensee or permittee shall be convicted
of a violation of Section 5-3(e) of this
chapter or a retail beer permittee shall
be convicted of a violation of subsec-
tion (f) of such section, the city shall,
in addition to the other penalties fixed
for such violations by this section,
assess a penalty as follows:
(1) Upon a first conviction, the vio-
lator's liquor control license, wine or
beer permit shall be suspended for a
period of fourteen (14) days.
(2) Upon a second conviction within
a period of two (2) years, the violator's
liquor control license, wine or beer per-
mit shall be suspended for a period of
thirty (30) days.
(3) Upon a third conviction within
a period of five (5) years, the viola-
tot's liquor control license, wine or
beer permit shall be suspended for a
period of sixty (60) days.
(4) Upon a fourth conviction within
a period of five (5) years, the viola-
tor's liquor control license, wine or
beer permit shall be revoked.
Sec. 6-g8. Appeal and hearing.
The tight of appeal to the hearing
board shall be afforded a liquor con-
trol licensee, wine permittee or beer
permittee whose license or permit has
been suepended or revoked. Any appli-
September 3, 1985 469
cant who feels aggrieved by a decision
of the director or the city disapproving,
suspending or revoking issuance of a
liquor control license, wine permit or
beer permit may appeal from the deci-
sion within ten (10) days to the district
court of the county wherein the prem-
ises covered by the applicant are situ*
ated, provided he has exercised his
right of appeal to the hearing board as
provided by state law. The city may
appeal a decision of the hearing board
within ten (10) days to the district
court of the county wherein the prem-
ises covered by the application are sit-
See. 5-39. Effect of revocation.
mit is revoked under the Iowa Beer
and Liquor Control Act shall not
thereafter be permitted to hold a
permit in the state for a period of two
(2) years from the date of the revoca-
tion. The spouse and business as.qoal-
ares holding ten (10) percent or more
of the capital stock or ownership inter-
,st in the business of a person whose
license or permit has been revoked
shall not be issued a liquor control
license or beer or wine permit, and no
liquor control license or beer or wine
lermit shall be issued which covers any
business in which such person has a
fi~mncial interest for a period of two
(2) years from the date of such revoca-
tion. In the event a license or pemtit is
revoked, the premises which had been
covered by the license or pernsit shall
not be reficensed for one (1) year."
PASSED, ADOPTED AND
APPROVED tiffs 3rd day of Septem-
ber, 1985.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Talegraph
Herald newspaper this 10th day of
September, 1985.
Mary A. Davis
City Clerk
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
47O
Adjourned Regular S________ession, September 3, 1985
Communication of City Manager sub-
mltting an Ordinance to regulate park-
ing of vehicles and equipment in re-
quired fire lanes on private premises,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackls.
Nays--None.
ORDINANCE NO. 59-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING A NEW SECTION 25-264, A
NEW SUBSECTION (5) TO SECTION
25-274, AND A NEW SUBSECTION
(15) TO SECTION 25-256, IN LIEU
THEREOF PROVIDING FOR THE
PROHIBITION OF PARKING IN AC-
CESS ROADWAYS AT pRIVATE
PREMISES AND UNDER FIRE
ESCAPES AND PENALTIES FOR
VIOLATIONS, presented and read.
Council Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Kronfeldt. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Council Member Kluesner moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 59-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 25-264
THEREOF AND ENACTING A
NEW SECTION 25-264, A NEW
SUBSECTION (5) TO SECTION 25-
274, AND A NEW SUBSECTION
(15) TO SECTION 25-256 IN LIEU
THEREOF PROVIDING FOR THE
PROHIBITION OF PARKING IN
ACCESS ROADWAYS AT PRIVATE
PREMISES AND UNDER FIRE
~SCAPES AND PENALTIES FOR
VIOLATIONS
WHEREAS, to ensure the safe and
expeditious exit of persons from cer-
tota premises in times of emergencies;
and
WHEREAS, to facilitate the move-
ment of Fire Department apparatus
and other public safety eqnipment in
such emergencies; and
WHEREAS, the Uniform Fire Code
requires that certain premises in the
City be accessible to Fire Department
apparatus by way of unobstructed
roadways; and
WHEREAS, it is deemed to be in
the best interest of the public to pro-
hibit parking at these premises within
the City having required access road-
ways.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Tbat the Code of Ordi-
nances of the City of Dubuque, Iowa
be ~anended by repealing Section 25-
264 tbereof and enacting a new Sec-
tion 25-264 in lieu thereof as follows:
"Sec. 25-264. parking in fire lanes.
(a) No person shall park any motor
vehicle including automobiles, automo-
bile trucks, motor buses, motorcycles,
motorized bicycles or other self-pro-
pelled vebicles including any trailers,
semi-trailers or otber devices used in
connection therewith in any required
access roadway for the movement of
Fire Department apparatus at any pri-
vate premises within the City.
(b) No person or agent having con-
trol of private premises within the City
shah knowingly permit another person
to park any motor vebicle including
automobiles, automobile trucks, motor
buses, motorcycles, motorized hicycles
or other self-propelled vehicles includ-
ing any trailers, semi-trailers or other
devices used in connection therewith in
any requ,red access roadway for the
apparatus.
(c) All required access roadways
shall be posted with "No Parking"
signs or other appropriate notice, or
both, to be provided by the owner
and/or operator of tbe private prem-
ises, as approved by thc Chief of the
Adjourned Regular Session, September 3, 1985
471
Bureau of Fire Prevention."
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by enacting a new Sub-
section (5) to Section 25-274 thereof as
follows:
"Sec. 25-274. Parking violations -
fines.
(5) Parking in Required Access
Roadways. If paid within seventy-two
(72) hours frown the time of violation
as indicted in the notice, such fine will
be in the sum of five dolim's ($5.00); if
not paid within seventy-two (72) hours,
then such fine will be in the sum of
seven dollars ($7.00)."
Section 3. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be mnended by enacting a new Sub-
section (15) to Section 25-256 thereof
as follows:
"Sec. 25-256. Prohibited in speci-
fied places.
(15) In any alley under any fire
escape at any time."
Passed, approved and adopted tbis
3rd day of September, 1985.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper tbis 9th day of Sep-
tomber, 1985.
Mary A. Davis
City Clerk
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitting an Ordinance to require Bicycle
Riders to ride astride permanent seats
presented and read. Cohncil Member
Kronfeldt moved that the communica-
tion be received and filed. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Hammel, Kluesner, Kronfeldt,
Manning, Stackis.
Nays--None.
Abstain--Council Member Daich.
ORDINANCE NO. 60-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY ENAC-
TING A NEW SECTION 9-11
THERETO PROVIDING FOR A PER-
SON PROPELLING A BICYCLE TO
RIDE UPON A PERMANENT AND
REGULAR SEAT, presented and read.
Council Member Kronfeldt moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Stackis. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Hammel, Kluesner, Kronfeldt,
Manning, Staakis.
Nays--None.
Abstain--Council Member Daich.
Council Member Kronfeldt moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member St ackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt. Manning, Stackis.
Nays--None.
Abstain--Council Member Deich.
ORDINANCE NO. 60-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ENACTING A NEW SECTION 9-11
THERETO PROVIDING FOR A
PERSON PROPELLING A BICY-
CLE TO RIDE UPON A PERMA-
NENT AND REGULAR SEAT
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 enacting a new Sec-
tion 9~11 tbereto as follows:
"Sec. 9-11. Bicycle seats.
A person propelling a bicycle on the
streets of the City shall not ride other
than upon or astride a permanent and
regular seat attached to the bicycle.
Pa~qed, approved and adopted this
3rd day of September, 1985.
Adjourned Regular Session September 3, 1985 473
472
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper tins 10th day of
September, 1985.
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
final adoption of the Ordinance. Second-
ed by Council Member St ackis. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Kronfeldt, Manning, Stackis.
Adjourned Regular S____~ession, September 3, 1985
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Stackls. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Stack,s,
Nays--None.
Abstain--Council Member Deich.
Communication of City Manager sub-
mitting Ordinance to update that pot-
tion of the City Code relating to Human
Relations (Human Rights Dept.),
presented and read. Council Member
Kronfeldt moved that the communica-
tion be received and filed. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 61-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING NEW SUBSECTIONS TO
CHAPTER 21 IN LIEU THEREOF
PROVIDING FOR THE PROHIBI-
TION OF THE DISCRIMINATORY
PRACTICES IN THE CITY AND
JUDICIAL REVIEW OF ACTIONS
OF THE HUMAN RIGHTS COMMIS-
SION, presented and read.
Council Member Kronfaldt moved
that the reading just had be considered
the first reading of the Ordinance.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Council Member Kronfeldt moved
Nays--None.
ORDINANCE NO. 61-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 21-40, SEC-
TION 21-41, SUBSECTION (1) OF
~ECTION 21-48, SUBSECTION (1)
OF SECTION 21-56, SI~BSECTION
(7) OF SECTION 21-57, SUBSEC-
TION (2) OF SECTION 21-67, SUB-
SECTION (c) OF SECTION 21-83,
SUBSECTIONS (a) AND (b) OF
SECTION 2147 AND DEFINITION
OF PUBLIC ACCOMMODATIONS
IN SECTION 21-1 AND ENACTING
NEW SECTION 21-41, SUBSEC-
TION (1) OF SECTION 21-48, SUB-
SECTION (1) OF SECTION 21-56,
SUBSECTION (7) OF SECTION 21-
57, SUBSECTION (2) OF SECTION
21-67, SUBSECTIONS (c) AND (f)
OF SECTION 21413, SUBSECTIONS
(a) AND (b) OF SECTION 21-87
AND DEFINITION OF PUBLIC
ACCOMMODATIONS IN SECTION
21-1 IN LIEU THEREOF PROVID-
ING FOR THE PROHIBITION OF
DISCRIMINATORY PRACTICES
IN THE CITY AND JUDICIAL
REVIEW OF ACTIONS OF THE
iUMAN RIGHTS COMMISSION.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Section 21-
40, Section 21-41, Subsection (1) of
Section 21-48, Subsection {1) of Sec-
tion 21-56, Subsection (7) of Section
21-57, Subsection (2) of Section 21-67,
Subsection (c) of Section 21413, Sub-
sections (a) and (b) of Section 21-87,
Definition of the Public Accommoda-
tions in Section 21-1 thereof and
enacting new Section 21-41, Subsection
(1) of Section 21-48, Subsection (1) of
Section 21-56, Subsection (7) of Sec-
tion 21-57, Subsection (2) of Section
21-67, Subsections (c) and (f) of Sec-
tion 21413, Subsections (a) and (b) of
Section 21417 and definition of pub-
lic accommodations in Section 21-1 in
lieu thereof as follows:
"Sec. 21-1. Definitions.
Public accommodation means each
and every place, establishment, or
facility of whatever kind, nature, or
class that caters or offers services, faci-
lifies, or goods for a fee or charge to
nonmembers of any organization or
association utilizing the place, estab-
lisb4nent, or facility provided that any
place, establishment, or facility that
caters or offers services, facilities, or
goods to the nonmembers gratuitously
shah be deemed a puSlic accommoda-
tion if the accommodation receives any
governmental support or subsidy. Pub-
lic accoraraedation shall not mean any
bona fide private club or other place,
establishment, or facility which is by
its nature distinctly private, except
when such distinctly private place,
establishment, or facility caters or
offers services, facilities, or goods to
the nonmembers for a fee or charge or
gratuitously, it shall be deemed a pub-
lic accommodation during such period.
Public accommodation includes each
state and local government unit or
tax-supported district of whatever
kind, nature, or class that offers ser-
vices, facilities, benefits, grants, or
goods to the public, gratuitously or
otherwise. This paragsaph shall not be
construed by negative hnplication or
otherwise to restrict any part or por-
tion of the preexisting definition of the
term public acconunodation.
Sec. 21-41. Sex and age discrimi-
nation provisions not appficable to
retirement plans; exception.
Tbe provisions of tins chapter relat-
lng to discrimination because of sex or
age shall not be construed tv apply to
any retirement plan or benefit system
of any employer unless such plan or
system is a mere subterfuge adopted
for the purposes of evading the provi-
sions of tbis chapter.
(a) However, a retirement plan or
benefit system shall not require the
involuntary retirement of a person
under the age of seventy because of
that person's age. This paragraph does
not prohibit the following:
(1) The involuntary retirement of a
person who has attained the age of
sixty-five and has for the two prior
years been employed in a bona fide
executive or l~gh policy-making posi-
tion and who is entitled to an irnmedi-
ate, nonforfeitable annual retirement
benefit from a pension, profit-sharing,
savings or deferre~i compensation plan
of the employer wl~ch equals twenty-
seven thousand dollars. This retire-
ment benefit test may be adjusted
according to tbe regulations prescribed
by the United States Secretary of
Labor pursuant to Public Law 95-256,
Section 3.
(2) The involuntary refirement of a
)erson covered by a collective bargain-
ing agseement winch was entered into
by a labor organization and was in
effect on September 1, 1977. This
exemption does not apply after the ter-
mination of that agreement of January
1, 1980, whichever first occurs.
(b) A health insurance program pro-
vided by an employer may exclude
coverage of abortion, except where the
life of the mother would be endangered
if tbe fetus were carried to term or
where medical complications have
arisen from an abertion.
(c) An employee welfare plan may
)rovide life, disability or health insur-
ance benefits winch vary by age based
on acturial differences if the employer
contributes equally for ali the partici-
pating employees or may provide for
employer contributions differing by age
if the benefits for all the participating
employees do not vary by age.
DIVISION 2. ACCOMMODATIONS
OR SERVICES
Sec. 21-48. Prohibited practices.
It shall be an unfair or discrhnina-
tory practice for any owner, lessee,
sublessee, proprietor, manager, or
superintendent of any public accom-
modation or any agent or employee
hereof:
(a) To refuse or deny to any person
because of race, disability, creed, color,
sex, age, national origin, religion or the
accommodations, advantages, facilities,
services, or privileges thereof, or other-
wise to discriminate against any person
because of race, creed, color, sex, age,
national origin, religion, or disability in
the furnishing of such accommoda-
tions, advantages/facilities, services or
privileges.
DIVISION 3.
EMPLOYMENT PRACTICES
Sec. 21-56. Prohibited practices.
It shall be an unfair or discrimina-
tory practice for any:
(1) Person to refuse to hire, accept,
register, classify, or refer for employ-
ment, to discharge any employee, or to
otherwise discrbninate in employment
against any applicant for employment
or any employee because of the race,
¢~ceed, color, sex, age, national origin,
religion or disability of such applicant
or employee, unless based upon the
474
Adjoarned Regular Session, September 3, 1985
nature of the occupation. If a disabled
person is qualified to perform a partic-
dim' occupation, by reason of training
or experience, the nature of that occu-
pation shall not be the basis for excep-
tion to the unfair or discriminatory
practices, prohibited by this subsec-
Sec. 21-57. Exemptions from divi-
(7) Discrimination in bona fide
apprenticesblp employment programs if
the employee is over forty-five (45)
years of age.
Sec. 21-67. Prohibited practices;
exception.
(2) Person authorized or licensed to
do business in this state pursuant to
Chapter 524, 533, 534, 536 or 536A of
the Code of Iowa to refuse to loan or
extend to persons of similar economic
backgrounds because of age, color,
creed, national origin, race, religion,
marital status, sex or physical disabil-
ity.
Sec. 21-83. One-hundred-twenty-
day release from administrative
process, alternative judicial pro-
ceedings upon complaints.
(c) Failure to timely seek judicial
relief after release; release as bar to
further admihistrative action on com-
plaint. An action authorized under this
section is barred unless commenced
within ninety (90) days after issuance
by tim commission of a release under
subsection (b) of this section. If a com-
plainant obtains a release from the
commission under subsection (b) of
this section, the commission shall be
barred from further action on that
complaint.
(f) If it is the legislative intent of
this se4tion that every complaint be
at least preliminarily screeched during
the first one hundred twenty days.
This subsection does not authorize
admihistrative closures if an investiga-
tion is warranted.
Sec, 21-87. Judicial review;
enforcement actions.
(a) Judicial review of the actions of
the commission may be sought in
accordance with the terms of the Iowa
Administrative Procedure Act. Not-
withstanding the terms of such act,
petition for judicial review may be
filed in the district court in which an
enforcement proceeding under subsec~
tion (b) of this section may be
brought.
For purposes of the time limit for
finding a petition for judicial review
under the Iowa Administrative Proce-
dure Act, the issuance of a final deci-
sion of the commission under this
chapter occurs on the date notice of
the decision is mailed by certified mail
to the parties.
Notwithstanding the time limit pro-
vided in Section 17A.19, Subsection 3
of the Code of Iowa, a petition for
judicial review of no-probable-cause
decisions and other final agency
actions which are not of general apph-
eability must be filed within thirty
days of the i~uance of the final agency
action.
(b) The commission may obtain an
order for the enforcement of commis-
sion orders in a proceerling as provided
in tiffs section. Such an enforcement
~roceeding shall be brought in the dis-
trict court Of the district in the county
in which the alleged discriminatery or
unfair practice wifich is the subject of
the commission's order was committed,
or in which any respondent required
in the order to cease or desist from a
discriminatory or unfair practice or to
take other bffirmative action, resides or
.ransacts business.
PASSED, ADOPTED AND
APPROVED this 3rd day of Septem-
ber, 1985.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
September, 1985.
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
final adoption of the Ordinance. Second-
ed by Council Member Stackis. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Han~mal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Commurication of City Manager sub-
mitting an ordinance relating to the
qualifications of Civil Service Commis-
sioners, presented and read. Council
Member Kluesner moved that the com-
munication be received and filed.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
KronfeMt, Manning, Staakis.
Adjourned Regular Session, September 3, 1985
475
Nays--None.
ORDINANCE NO. 62-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 2-180
THEREOF AND ENACTING A NEW
SECTION 2-180 IN LIEU THEREOF
PROVIDING FOR THE QUALIFICA-
TIONS OF THE CIVIL SERVICE
COMMISSIONERS, presented and
Council Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by CounCil Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Coundfl Member Kluesner moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 62-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 2-180
THEREOF AND ENACTING A
NEW SECTION 2-180 IN LIEU
THEREOF PROVIDING FOR THE
QUALIFICATIONS OF THE CIVIL
SERVICE COMMISSIONERS
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 mnended by repealing Section 2-180
thereof and enacting a new Section 2-
180 in lieu thereof as follows:
"Sec. 2-180. Qualifications generally,
The civil service commissioners must
be dtizens of Iowa, eligible electors as
defined in Chapter 39 of the Code of
Iowa, and residents of the city for
more than five (5) years preceding
their appointment and shall not, while
on the commission, hold or be a candi-
date for any office of public trust.
Civil service commissioners shall not
buy from, sell to, or in any manner
become parties, directly, to any con-
tract to furnish supplies, material, or
labor to the city in which they are
commisaioners."
Passed, approved and adopted this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this llth day of
September, 1985.
Mary A. Davis
City Clerk
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members De/ch, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of the City Manager
submitting two Ordinances tO' update
two sections in the general provisions
found in Chapter 1 of the City Code,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 63-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING NEW DEFINITIONS OF COM-
PUTING TIME LEGAL
HOLIDAYS, GENDER, MONTH-
YEAR-A.D., PERSON, SHALL-MAY-
MUST, AND WRITTEN-IN
WRITING - SIGNATURE OF SEC-
476
Adjourned Regular Session, September 3, 1985
TION 1-2 IN LIEU THEREOF PRO-
VIDING FOR THE DEFINITIONS
OF CERTAIN TERMS IN THE CODE
OF ORDINANCES, presented and
read. Council Member Kluesner moved
that the reading just had be considered
the first reading of the Ordinance.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Council Member Kluesner moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 63-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING DEFINITIONS OF
COMPUTING TIME - LEGAL HOL-
IDAYS, GENDER, MONTH - YEAR,
PERSON, SHALL: MAY, AND
WRITTEN - IN WRITING OF SEC-
TION 1-2 THEREOF AND ENACT-
ING NEW DEFINITIONS OF
COMPUTING TIME - LEGAL HOL-
IDAYS, GENDER, MONTH - YEAR
- A.D., PERSON, SHALl, - MUST -
MAY, AND WRITTEN - IN WRIT-
ING - SIGNATURE OF SECTION 1-
2 IN LIEU THEREOF PROVIDING
FOR THE DEFINITIONS OF CER-
TAIN TERMS IN THE CODE OF
ORDINANCES.
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 definitions of
computing time - legal holidays,
gender, month - year, person, shnil;
may, and wcitten - in writing of Sec-
tion 1-2 thereof and enacting new def-
initions of computing time - legal
holidays, gender, month - year - A.D.,
person, shall - must - may, and writ-
ten - in writing - signature of Section
1-2 in lieu thereof as fallows:
Sec. 1-2. Rules of Construction.
Computing time - legal holidays. In
computing time, the first day shall be
excluded and the last included, unless
the last fails on Sunday, in which case
the time prescribed shall be extended
so as to include the whole of the fol-
lowing Monday, provided that, when-
ever by the provisions of any statute
or rule prescribed under authority of
a statute, the last day for the com-
mencement of any action or proceed-
ings, the filing of any pleasing or
motion in a pending action or proceed-
in~s or the perfecting or filing of any
appeal f~om the decision or award of
m~y court, beard, commission or offi-
cial falls on a Saturday, a Sunday, the
first day of January, the tweffth day of
February, the third Monday in Febru-
ary, the last Monday in May, the
fourth day of July, the first Monday in
September, the eleventh day of
November, the fourth Thursday in
November, the twenty-fifth day of
December, and the following Monday
whenever any of the foregoing named
legal holidays may fall on a Sunday,
and any day appointed or recom-
mended by the governor of Iowa or the
president of the United States as a day
of fasting or thanksgiving, the time
therefor shall be extended to include
the next day which is not a Saturday,
Sunday or such day hereinbefore enu-
merated.
Gender. Words of one gender
includes the other genders.
Month - year - A.D. The word
"month" means a calendar month, and
the word "year" and the abbreviation
"A.D." are equivalent to the expression
"year of our Lord".
pexson. Unless otherwise provided by
law "person" means individual, cot-
potation, government or governmental
subdivision or agency, business trust,
estate, trust, partnership or associa-
tion, or any other legal entity.
Shall - m~tst - may. Uuless otherwise
specifically provided by this code,
whenever the following words are used
their meaning and application shall
be:
(a) The word "shall" imposes a
duty.
(b) The word "must" states a
requirement.
Adjourned Regular Session, September 3, 1985
477
(c-- The word "may" confers a
power.
Written - in writing ~ signature. The
words "written" and "in writing" may
include any mode of representing
words or letters in general use. A sig-
nature, when required by law, must be
made by the writing or markings of the
person whose signature is required. If a
person is unable due to a physical
handicap to make a written signature
or mark, that person may substitute
the following in lieu of a signature
required by law:
(a) The handicapped person's name
written by another upon the request
and in the presence of the handicapped
person; or
(b) A rubber stamp reproduction of
the handicapped person's name or fac-
simile of the actual signature when
adopted by the handicapped person for
all purpose~q requiring a signature and
then only when affixed by that person
or another upon request and in the
handicapped person's presence.
PASSED, APPROVED AND
ADOPTED this 3rd day of September,
1985.
ATTEST: James E. Brady
Mary A. Davis Mayor
City C~erk
Published officially in the Telegraph
Herald newspaper this llth day of
September, 1985.
Mary A. Davis
City Clerk
Counc[l Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Kronfaldt. Carried by
the fo[lowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 64-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES BY ENAC-
TING A NEW SECTION 1-5 IN LIEU
THEREOF PROVIDING FOR THE
EFFECT OF REPEALING CITY OR-
DINANCES AND SECTIONS OF
THE CODE OF ORDINANCES.
presented and read.
Council Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Kronfeldt. Car-
tied by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Council Member Kluesner moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackls.
Nays--None.
ORDINANCE NO. 64-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 1-5
THEREOF AND ENACTING A
NEW SECTION 1-5 IN LIEU
THEREOF PROVIDING FOR THE
EFFECT OF REPEALING CITY
ORDINANCES AND SECTIONS OF
THE CODE OF ORDINANCES.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing Section 1-5
thereof and enacting a new Section 1-5
in lieu thereof as follows:
Sec. 1-5 Effect of Repeals,
The repeal of an ordinance or sec-
tion of this code does not revive an
ordinance or section of tiffs code pre-
viously repealed, nor affect any rights
which have accrued, any duty
proceedings commenced under or by
James E. Brady
City Clerk
478
Adjourned Regular Session, September 3, 1985
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of ECIA regarding
nominations to serve on Regional Coor-
dinating Council (matter deferred from
8-19 meeting), presented and read. Coma-
cil Member Stackis moved that Council
concur with slate of nominees as
presented by Council. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Individuals so named: Region 7 -
Margaret O'Brien (Education) and
Donald Deich (Government). Region 8
- Donna Smith (Government) and Tom
Tully (Business). Region 9 - Wayne Nor-
man (Education) and Dan Dittemore
(Business).
RESOLUTION NO. 280-85
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
issued to the following named applicants
a Beer Permit.
CLASS '!B" BEER PERMIT
Holy Trinity Parish (Aisc Sunday Sales)
170I Lincoln Ave.
CLASS "C' BEER PERMIT
Mulgrew Oil Co. (Also Sunday Sales)
Asbury Faalop 3300 Asbury
Iowa Oil Co. (Also Sunday Sales)
1387 Dodge St.
CLASS "E" BEER - WINE
Passed, adopted and approved tins
3rd day of September, 1985.
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, Hammal, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 281-85
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-
spect~ed and found to comply with the
State Law and all City Ordinances rele-
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 appli-
cant(s) a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Elbe, Inc. (Also Sunday Sales)
Dr. E's Ice Cream & Billiard Parlor 2995 Kerper
Charles n, Schrodt (Sunday Sales Only)
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
Adjourned Regular Session, September 3, 1985
479
adoption of the Resolution. Seconded by
Council Member Delch. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Petition of Clarke College requesting
to transfer their Beer Permit to their
Parking Lot on 9/7; Petition of The
Brewing Co. requesting to transfer their
Beer Permit to 7th and Town Clock
Plaza on 9/12; Petition of Murph's
SanthEnd Tap requesting transfer of
Beer Permit outside rear at 139 Locust
St., presented and read. Council Member
Kluesner moved that the petitions be
received and filed and transfers approv-
ed. Seconded by Council Member Delch.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Printed Council Proceedings for the
months of March, April, May and June,
1985, submitted for Council approval.
Council Member Stackis moved that the
proceedings be approved as printed.
Seconded by Council Member Daich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
MINUTES SUBMITTED: Cable TV
Regulatory Commission of 8-14;
Historic Preservation Comm. of 6-25 &
8-13; Human Rights Comm. of 8-12;
Comprehensive Planning Stretegy Com-
mittee of P & Z of 7-29 and 8-13; Plann-
ing and Zonning Comm. of 8-7; Joint
Meeting of Police and Fire Retirement
Boards of 8-16; Zoning Bd. of Adjust-
ment of 7-25; Transit Bd. Comparative
Earnings Statement and Statistics for
month of July, 1985; Public Library of
8-20; Park and Recreation Comm. sub-
mittlng their Policy Statement relative
to development of Schmitt Island Park
and Recreation Complex, presented and
read. Council Member Stackis moved
that the minutes be received and filed.
Seconded by Council Member Daich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
NOTICES OF CLAIMS & SUITS:
Dubuque Bank and Trust Co. vs. Mar-
vin E. Clendenen et al submitting
Foreclosure Petition & Order; Jeffrey S.
Haney in amount of $30.32 for motor-
cycle damages; Louis Hanson in
unknown amount for personal injuries;
Richard W. Kringie in amount of $717
for car damages; Ramona Routley
(minor) by Lowell Routley (parent) in
unknown amount for personal injuries;
Gary Wild et ux on behalf of minor
Michael Wild in amount of $5000 for
personal injuries; Robert D. & Betty
Hauman, unknown amount for personal
injuries and property damages; Neff Kel-
ly in amount of $31.22 for property
losses, presented and read. Council
Member Stackls moved that the claims
and suits be referred to the Legal Staff
for investigation and report. Seconded
by Council Member Delch. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Kinesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of Corporation
Counsel recommending settlement in
amount of $265.24 for property danmge
claim of Rebecca Barker, presented and
read. Council Member Stackis moved
that the communication be received and
filed and settlement approved with
Finance Director directed to issue pro-
per check. Seconded by Council Member
Daich. Carried by the fallowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackls.
Nays--None.
Communications of Corporation
Counsel recommending denial of proper-
ty damage claim of Judith C. Bakey;
Denial of request of personal injury
claim of Vivian White; Advising of no
cost to the City regarding Cununings vs.
City of Dubuque and Mississippi Valley
Hockey, Inc., presented and read. Coun-
cil Member Stackis moved that the com-
municatinns be received and filed and
480 Adjourned Regular Session, September 3, 1985 ~ Adjourned Regular Session, September 3, 1985 481
denials approved. Seconded by Council
Member Deich. Carried by the following
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfeldt, Manning, Stackis.
Communication of City Manager sub-
mit ting Financial Reperte for the month
of July, 1985, presented and read. Coun-
cfi Member Stackis moved that the com-
munlcation be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kinesner,
Kronfeldt, Manning, Stackls.
Nays--None.
Dubuque Fire and Police Pension
Fund and Retirement Systems submit-
ting their financial reports for Fiscal
Year ending June 30, 1985, presented
and read. Council Member Stackis mov-
ed that the reports be received and fil-
ed. Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
U.S. DOT submitting Order
Resollciting Service Proposals regarding
essential Air Transportation for Mason
City, Clinton, Otthmwa, et al, presented
and read. Council Member Stackis mov-
ed that the Order be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of M. Lark Under-
wood submlt~ing resignation from Cable
Community Taleprogramming Commis-
sion. presented and read. Council
Member Kronfeldt moved that the com-
munication be received and filed and
resignation accepted with regret.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of the City Manager
submitting City Annual Financial
Report - Fiscal Year ending June 30,
1985, presented and read. Council
Member Stackis moved that the com-
munication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Khiesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitting financial and lost analysis
reports for the City's Workers' Compen-
sation Self-Insurance Plan, presented
and read. Council Member Stackis mov-
ed that the communication be received
and filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Gary W. Newt, requesting refund of
$633.75 on unexpired Beer & Liquor
License, presented and read. Council
Member Stackis moved that the refund
be approved and Finance Director
directed to issue the proper check.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None,
Communication of the City Manager
submitting Resolution approving the
Annual Street Finance Report for Fiscal
Year 1985, presented and read. Council
Member Stackis moved that the com-
munication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kinesner,
Kronfeldt, Manning, Steckis.
Nays--None.
RESOLUTION NO. 282-85
Resolution approving the
City of Dubuque Fiscal Year 1985,
Street Finance Report
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. That the Street Finance
Report, for the perind July 1, 1984 to
June 30, 1985 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, 1985.
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member St ackis moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel. Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager
recommending acceptance of construc-
tion of the Rotlnan Building Retaining
Wall, presented and read. Council
Member Stackis moved that the com-
munication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Han~mel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 283-85
WHEREAS, the contract for the Rot-
man Retebfing Wall has been completed
and the City Manager has examined the
work and filed his certificate stating
that the stone has been completed accor-
ding to the terms of the contract, plans
and specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendation of the City Manager be ap-
proved and that said improvement be
and the saran is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Community Development Fund and
the Road Use Tax Fund in amount equal
to the amount of his contract, less any
retained percentage provided for therein.
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Steckis moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 284-85
WHEREAS, the contract for the Rot-
man Retaining Wall has been completed
and the City Engineer has submitted his
final estimate showing the cost thereof
including the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
$40,950.23 and that said amount shall be
paid from the Community Development
Fund and the Road Use Tax Fund of the
City of Dubuque, Iowa.
Passed, adopted and approved this
3rd day of September, 1985..
482
Adjourned Regular Session, September 3, 1985
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Stackis moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluasner,
Kronfeldt, Manning, Stackls.
Nays--None.
Communication of City Manager
recommending acceptance of construc-
tion of Walker-Oneida Streets Sanitary
Sewer, presented and read. Council
Member Stackis moved that the com-
munication be received and filed.
Seconded by Council Member Deich.
Council Member Stackis moved that the
communication be received and filed.
Seconded by Council Member Dalch.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 285-85
WHEREAS, the contract for the
Walker-Oneida Sanitary Sewer has been
completed and the City Manager has ex-
amined the work and filed his certificate
stating that the same has been com-
pleted according to the terms of the con-
tract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa, that the recom-
mendation of the City Manager be ap-
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Special Assessments and Sanitary
Sewer Construction Fund in amount
equal to the amount of his contract, less
any retained percentage Provided for
therein.
Passed, adopted and approved this
James E. Brady
Mayor
~.TTEST:
Mary A. Davis
City Clerk
Council Member Stackis moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammal, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 286-85
WHEREAS, the contract for the
Walker-Oneida Sanitary Sewer has been
completed and the City Engineer has
submitted his final estimate showing the
cost thereof including the cost of
estimates, notices, inspection,
miscellaneous costs, and preparing the
assessment and plat.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque:
Section 1. That the cost of said im-
provement is hereby determined to be
$64,061.40.
Section 2. That $51,504.17 of the
cost thereof shall be assessable upon
~rivate property and $12,55Z23 shall be
~aid from the Sanitary Sewer Construe-
tion Fund.
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
kTTEST:
Mary A. Davis
City Clerk
Council Member Stackis moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Adjourned Regular Session, September 3, 1985
483
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 287-85
A Resolution adopting the final
assessment schedule for the
Walker-Oneida Sanitary Sewer,
including certain information
required by the Code of Iowa,
specifically, the number of annual
installments into which
assessments are divided, the
interest on all unpaid installments,
the time when the assessments are
payable a~id directing the clerk
to certify the final schedule and
to publish notice thereof,
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That after full consideration of the
final schedule of assessments and ac-
companying plat showing the
assessments proposed to be made for the
construction of the Walker-Oneida
Sanitary Sewer under contract with
McDermott Excavating of Dubuque
which final plat was filed in the office of
the City Clerk on the 28th day of
August, 1985, that said schedule of
assessments be and the same is hereby
approved and adopted.
That there be, and is hereby assessed
and levied as a special tax against and
upon each of the lots, the respective
sums indicated. Provided, further, that
the amounts shown in said final schedule
of assessments as deficiencies are found
to be proper and are levied conditional-
ly against the respective properties
benefitted by the improvements as
shown in the schedule, subject to the
provisions of Section 384.63, Code of
Iowa. Said assessments against said lots
are hereby declared to be in proportion
to the special benefits conferred and not
in excess of twenty-five percent of the
value of same.
Assessments of $50.00 or more are
payable in 10 equal annual installments,
with interest on the unpaid balance, all
as provided in Section 384.65, City Cede
of Iowa. Conditional deficiency
assessments, if any, may be levied
against the applicable property for the
same period of years as the assessments
are made payable.
Assessments may be paid in full or in
part without interest at the office of the
County Tceasurer, at any time within 30
days after the date of the first publlca-
tion of this notice of the filing of the final
plat and schedule of assessments with
the County Treasurer. Unless said
assessments are paid in full within said
thirty day period ali unpaid assessments
will draw annual interest computed at
12 percent Icommencing on the date of
acceptance of the work) computed to the
December 1st next following the due
dates of the respective installments.
Each installment will be delinquent on
September 30th following its due date
on July 1st in each year. Property
owners may elect to pay any annual in-
stallment semi-annually in advance.
That the City Clerk be and is hereby
directed to certify said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said cer-
tification once each week for two con-
secutive weeks in the manner provided
in Section 362.3, the first publication of
which shall be not more than fifteen
days from the date of filing of the final
schedule. The City Clerk shall also send
by certified mail to property owners
whose property is subject to assessment
a copy of said notice, and mailing to be
on or before the date of the second
mblication of the notice, all as provid-
ed and directed by Section 384.60 of the
Code of Iowa.
Passed, adopted and approved this
3rd day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Adjourned Regular Session, September 3, 1985
CITY OF DUBUQUE, IOWA
SCHEDULE OF ASSESSMENTS
For Walker-Oneida Sanitary Sewer
Special Assessment Fund No~ 1327
NORTH DUBUQUE SUBDIVISION
OV~qER LOT LOCATION VALUA- ASSESS-
TION MENT
Arnold & Dorothy Irene Arensdor f 517 2.082,98 1.074.98
William J. & Elaine Theresa Potter513 & 514 35.949.97 3,349.97
Donald $. & Carol Ann Klinkhammer 511 & $12 $9,839~97 3~349.97
Adjourned Regular Session, September 3, 1985
Council Member Stackis moved adop-
tion of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
There being no further business, Coun-
cil Member Kronfeldt moved to adjourn.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel; Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Meeting adjourned at 10:03 p.m.
Mary A. Davis
City Clerk
Approved __1986
Adopted 1986
Mayor
Council Members
ATTEST:
City Clerk
485
486
Special Session September 16, 1985
CITY COUNCIL
OFFICIAL
Special Session, September 16, 1985.
Council met at 7:30 p.m., in the Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis, 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 this Meeting is called for the put-
pose TO CONDUCT A PUBLIC
HEARING ON THE PLANS AND
SPECS. FOR RECONSTRUCTION OF
MURPHY PARK TENNIS COURT
and acting upon such other business
which may properly come before the
Council.
The invocation was given by Bishop
Dennis Manhart of the Church of Jesus
Christ of Latter Day Saints.
PROCLAMATIONS: Week of
September 17 thru 23 as "Constitution
Week"; September 27 as "Kiwanis
Peanut Day"; Week of October 6 thru
12 as "Minority Enterprise Develop-
ment Week"; Weekend of Sept. 21 & 22
as "Dubuque Arboretum Days" receiv-
ed by Gene Heinemann.
Council Member Deich moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on Plans and Specs. for reconstruction
of Murphy Park Tennis Court, presented
and read. There were no written objec-
tions and no oral objectors present at the
time of the Hearing. Council Member
Hammal moved that the proof be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the following
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
RESOLUTION NO. 288-85
WHEHEAS, on the 14th day of
August, 1985, plans, specifications, form
of contract and estimated cost were fil-
ed with the City Clerk of Dubuque,
Iowa, for the Reconstruction of Murphy
park Tennis Court; and
WHEREAS, notice of hearing on
ilans, 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, speclfica-
tions, form of contract and estimated
cost for said improvements for said
,reject.
Passed, adopted and approved this
6th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammal moved
adop~on of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
Receipt of Bids for the reconstruction of
Murphy Park Tennis Court AND Com-
munication of City Manager recommen-
ding to award contract for project,
presented and read. Council Member
Hammel moved that the proof and com-
munication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Krunfaldt, Manning, Stackis.
Nays--None.
Special Session, September 16, 1985
487
AWARDING CONTRACT
RESOLUTION NO. 289-85
WHEREAS, sealed proposals have
been submitted by contractors for the
Reconstruction of Murphy Park Tennis
Courts pursuant to Resolution No.
243-85 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 29th day of
August, 1985.
WHEREAS, said sealed proposals
were opened and read on the 5th day of
September, 1985 and it has been deter-
mined that the bid of Tschiggfrie Ex-
cavating of Dubuque in the amount of
$44,192.60 was the lowest bid for the
furnishing of all labor and materials and
performing the work as provided for in
the plans and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
City of Dubuque, Iowa:
That the contract for the above ira-
provement be awarded to Tschiggfrie
Excavating and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded by
Council Member Dalch. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitting documents providing for
reconstruction of the three reinforced
Concrete Domes on the primary
clarifiers at the Wastewator Treatment
Plant, presented and read.
Council Member KIuesner moved that
the communication be received and fil-
ed. Seconded by Council Member
Kronfeldt. Carried by the following Vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 290-85
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 Reconstruction of the Three
Reinforced Concrete Dome Structures
for the City of Dubuque Wastewater
Division, in the estimated amount of
$192,500.00, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Klueaner moved
adoption oI the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
RESOLUTION NO. 291-85
WHEREAS, the City Councit 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-
flce of the City Clerk for public inspec-
tion of the Reconstruction of the Three
Reinforced Concrete Dome Structures
for the City of Dubuque Wastewater
Division.
488
Special Session September 16, 1985
NOW, THEREFORE, BE IT
RESOLVED that on the 7th day of Oc-
tober, 1985, a pubfic 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 hereby directed to cause a
notice of time and place of such hearing
to be published in a newspaper having
general circulation in the City of 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-
aideration. At the hearing, any in-
terested person may appear and file ob-
jections to the proposed plans, specifica-
tions, contract, or estimated cost of the
improvement.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Kronfaldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackls.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 292-85
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Reconstruction of the Three
Reinforced Concrete Dome Structures
for the City of Dubuque Wastewater
Division is hereby ordered to be adver-
tised 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 construc-
:ion of the improvements herein provid-
ed, to be published in a newspaper hav-
ing general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the receipt of said
bids at 2:00 p.m. on the 26th day of
September, 1985. 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 7th day
of October, 1985.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kinesner moved
adoption of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitting documents providing for the
construction of a storm sewer at the in-
tersection of Windsor and Burden Ave.,
presented and read. Council Member
Deich moved that the communication be
received and filed. Seconded by Council
Member Manning. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfaldt, Manning, Stackis.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 293-85
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 Windsor Avenue and
Burden Avenue Storm Sewer in the
estimated amount of $26,782.30, are
hereby approved and ordered filed in the
office of the City Clerk for the public
Special Session, Se
inspection.
Passed, adopted and approved this
16th day of September, 1985.
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 Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 294-85
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
rice of the City Clerk for public inspec-
tion of the Windsor Avenue and Burden
Avenue Storm Sewer.
NOW, THEREFORE, BE IT
RESOLVED that on the 7th day of Oc-
tober, 1985, a public hearing wflI 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 hereby directed to cause a
notice of time and place of such hearing
to be published in a newspaper having
general circulation in the City of 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 person may appear and file ob-
jections to the proposed plans, specifica-
tions, contract, or estimated cost of the
improvement.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
)tember 16, 1985 489
City Clerk
Council Member Daich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 295-85
BE IT RESOLVED, BY THE
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the Windsor Avenue and Burden
Avenue Storm Sewer is hereby ordered
to be advertised 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 provision of
the notice to bidders hereby approved
as a part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of 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 1st day of October,
1985. 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 7th day of October.
1985.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
490 Special Session, September 16, 1985
Nays--None.
Communication of City Manager sub-
mitting documents providing for the
construction of the Concession and
Facilities Bldg. at the Recreation Com-
plex on Chaplain Schmltt Island,
presented and read. Council Member
Kluesner moved that the communica-
tion be received and filed. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackls.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 296-85
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 Chaplain Schmitt Memorial
Island Ballpark Complex, Facilities
Building, in the estimated amount of
$105,000, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Manning, Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaidt, Manning, Stackis.
Nays--None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 297-85
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
lice of the City Clerk for public inspec-
tion of the Chaplain Schmitt Memorial
Island Ballpark Complex, Facilities
Building.
NOW, THEREFORE, BE IT
RESOLVED that on the 7th day of Oc-
tober, 1985, 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 hereby directed to cause a
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-
sideration. At the hearing, any in-
terested person may appear and file ob-
jections to the proposed plans, specifica-
tions, contract, or estimated cost of the
improvement.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption ~)f the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 298-85
BE IT RESOLVED BY THE COUN-
CIL OF THE ~ITY OF DUBUQUE,
IOWA:
That the Chaplain Schmitt Memorial
Island Ballpark Complex, Facilities
Building is hereby ordered to be adver-
tised 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 t~ereby approved
Special Session, September 16, 1985 491
as a part of the plans and specifications ad'option of the Resolution. Seconded by
heretofore adopted. Council Member Manning. Carried by
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of 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 27th day of September,
1985. 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 7th day of October,
1985.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 299-85
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 Chaplain Schmitt Memorial
Island Ballpark Complex, Facilities
Building Piling, in the estimated
amount of $15,000, are hereby approv-
ed and ordered filed in the office of the
City Clerk for public inspection.
Passed. adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel. Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 300-85
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-
fice of the City Clerk for public inspec-
tion of the chaplain Schmitt Memorial
Island Ballpark Complex, Facilities
Buildin. g Piling.
NOW, THEREFORE, BE IT
RESOLVED that on the 7th day of Oc-
tober, 1985, 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 hnprovement, and the City Clerk
be and is hereby directed to cause a
notice of time and place of such hearing
to be published in a newspaper having
general circulation in the City of 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 person may appear and file ob-
proposed plans, specifica-
tions, contract, or estimated cost of the
improvement.
Passed, adopted and approved this
16th day of September, 1985.
Ja~nes E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, I~luesner,
Kronfaldt, Manning, Stackis.
Nays--None.
492
ORDERING BIDS
RESOLUTION NO. 301-85
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Chaplain Schmitt Memorial
Island Ballpark Complex, Facilities
Building Piling is hereby ordered to be
advertised 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 confornm to the provisions of
the notice to bidders hereby approved
as a part of the plans and specifications
heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of 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 27th day of September,
1985. 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 7th day of October,
1985.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the fallowing vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Kinesner,
Kronfaldt, Manning, Stackls.
Nays--None.
Communication of City Manager sub-
mitting documents providing for con-
struction of a parking lot at the site of
the former Rotman Bldg., presented and
read. Council Member Hammel moved
that the communication be received and
filed. Seconded by Council Member
Stackis. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kluesner,
Special Session, Se )tember 16, 1985
Kronfeldt, Manning, Stackis.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 302-85
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 Rotman Parking Lot, in the
estimated amount of $32,885.80, are
hereby approved and ordered filed in the
office of the City Clerk for public
inspection.
Passed, adopted and approved tins
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption o£ the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 303-85
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specificatinns, and form of con~
tract and placed same on file in the of-
fice of the City Clerk for public inspec-
tion of the Rotman Parking Lot.
NOW, THEREFORE, BE IT
RESOLVED that on the 7th day of Oc-
tober, 1985, 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 hereby directed to cause a
notice of time and place of such hearing
to be published ina newspaper having
Special Session, September 16, 1985
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-
sideration. At the hearing, any in-
terested person may appear and file ob-
jections to the proposed plans, specifics-
tions, contract, or estimated cost of the
improvement.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 304-85
BE IT RESOLVED, BY THE
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the Rotman Parking Lot is
hereby ordered to be advertised 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
general circulation in the City of Dubu-
que, Iowa, winch 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 1st day of October,
1985. 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 7th day of October
1985.
Passed, adopted and approved this
493
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kinesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Petition containing 1,152 valid
signatures, requesting a referendum to
enact the "Iowa Band Law" and create
"The Municipal Band Commission" and
request this tax be in the same amount
of $.10 per thousand dollars of assess-
ed valuation, presented and read. Mr.
Floyd Rundle stressed that the Drum
and Bugle Corps, the Symphony, the
Wind Ensemble, and Musicians Union
would all benefit from the enactment of
the proposed tax. Council Member
Kronfeldt moved that the petition be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Stackis.
Nays--Council Members Kluesner,
Kronfeldt, Manning.
Petition of B.J. Jones objecting to pfc-
posed referendum, presented and read.
Council Member Kronfeldt moved that
the petition be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Stackis.
Nays--Council Members Kluesner,
Kronfeldt, Manning.
RESOLUTION NO. 305-85
Resolution calling an election on
the proposition of levying taxes for
the support of a municipal band
WHEREAS, Section 384.12 (1) of tbe
Code of Iowa provides that a city may
certify, for the general fund levy, taxes
which are not subject to the limit pro-
494
Special Session, September 16, 1985
vided in Section 384.12 of the Code of
Iowa, and which are in addition to any
other moneys the City may wish to
spend for such purposes, a tax not to ex-
ceed thirteen and one-half cents per one
thousand dollars of assessed value for
the support of a municipal band; and
WHEREAS, said Section 384.12 (1)
further provides that upon receipt of a
petition valid under the provisions of
Section 362.4 of the Code of Iowa, the
Council shall submit to the voters at the
next regular city election the question
of whether a tax shell be levied; and
WHEREAS, there has been submit-
ted to the Dubuque City Council a peti-
tion containing 1,153 signatures calling
for a public referendum to levy a tax in
the amount of ten (10) cents per one
thousand dollars ($1,000) of assessed
valuations for the support of the Dubu-
clue Municipal Band Commission.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That a petition to the
Dubuque City Council for a referendum
to enact the "Iowa Band Law" (384,12
- Other taxes) in the amount orS, lOper
thousand dollars of assessed valuation
is hereby found and determined to be a
valid petition in accordance with Section
384.12 (1) (a) of the Code of Iowa.
Section 2. That the County Commis-
sioner of Elections of Dubuque County
is hereby directed to give notice of and
conduct an election on November 5,
1985, for the purpose of submitting to
the voters of the City the following
proposition:
"Shall the City of Dubuque, Iowa levy
a tax in the amount of ~en (10) cents per
one ~housand dollars ($1,000) of assess-
ed value for the support of a municipal
band?"
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammal moved
adoption of the Resolution and directed
that it be forwarded to the Commission
of Elections. Seconded by Council
Member Stackis. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Stackis.
Nays--Council Members Kluesner,
Kronfeldt, Manning.
Communication of City Manager sub-
mitting revised Residential parking Per-
mit Program Ordinance, presented and
read. Council Member Kluesner moved
that the communication be received and
filed. Seconded by Council Member
Delch. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Kluesner,
Kranfeldt, Manning, Stackis.
Nays--None.
An ORDINANCE Amending Code of
Ordinances by enacting a new Division
6 to Chapter 25 comprising Sections
25-350 through 25-362 thereto providing
restrictions on parking in designated
Residential District, establishing a
Residential Parking Permit Program
and providing penalties for violations of
the parking Permit Program, presented
and read,
Council Member Kluesner moved that
the reading just had be considered the
first reading of the Ordinance and that
it be set for a Public Hearing on October
7, 1985 at 7:30 p.m. i~ the Public Library
Auditorium and the City Clerk publish
notice in the manner prescribed by law.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Klueaner,
gronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager ad-
vising of need to repair and update the
Civic Center's Micro-Computer and re-
questing approval to proceed, presented
and read. Council Member Hammel
moved that the communication be
received and filed and request approv-
ed. Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Special Session, September 16, 1985
Communication of Planning and Zon-
ing Commission advising of their denial
to rezone vacant property west of
279-283 Clarke Drive from R-2 to R-3
classification and recommend Council to
concur in the matter, presented and
read. Council Member Kronfeldt moved
that the communication be received and
filed and concurred with denial recom-
mendation of Planning and Zoning.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Petition of Jim and N~ucy Stock re-
questing Council to reconsider rezoning
request and set the matter for a Public
Hearing (property at 279-283 Clarke
Dr,), presented and read. Council
Member Kronfeldt moved that the peti-
tion be received and flied. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Councll
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stockis.
Nays--None.
RESOLUTION NO. 306-85
"Resolution authorizing the issuance
and sale of Industrial Development
Revenue Bond (The Adams Company
Project) of the City of Dubuque,
Iowa, in the principal amount of
$525,000; the execution and delivery
of a Lender Loan Agreement with
American Trust & Savings Bank,
Dubuque, Iowa, providing the terms
and sale of such bond; the execution
and delivery of a Loan Agreement
with The Adams Company providing
for the repayment of the loan of the
proceeds of such bond,
and related matters",
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incorporated
municipality authorized and empowered
by the provisions of Chapter 419 of the
Code of Iowa, 1985. as an~ended (the
"Act") to issue revenue bonds for the
purpose of financing the cost of acquit-
lng, by construction or purchase, land,
buildings, improvements and equip-
ment, or any interest therein, suitable
495
for the use of any industry or industries
for the manufacturing, processing or
assembling of any agricultural or
manufactured products or of any com-
merclel enterprise engaged in storing,
warehousing or distributing products of
agriculture, mining or industry, or of a
national, regional or divisional head-
quarters facility of a company that does
multistate business; and
WHEREAS, the Issuer has made tt~e
necessary arrangements with The
Adams Company (the "Company"), an
Iowa corporation, for the remodeling,
reconstruction and re-equipping of
44,000 square feet of a 150,000 square
foot eyAstlng manufacturing facility for
the custom manufacture of power
parts (the "Project"),
located at 100 East Fourth Street wittfin
the corporate boundaries of the Issuer;
and
WHEREAS, it is necessary and ad-
visable that provisions be made for the
issuance of Industrial Development
Revenue Bond, Series 1985 (Tt~e Adaras
Company Project) of the Issuer in the
,p, rinci~l amount of $525,000 (the
Bond ) as authar~zed and perraltted by
the Act to finance the cost of the Pro-
to that amount; and
WHEREAS, the Issuer will laan the
f the Bond to the Company
to the provisions of a Loan
Agreement dated as of September 1,
1985 (the "Loan Agreement") between
tlie Issuer and the Company the obliga-
tion of which will be sufficient to pay the
principal of, redemption premium, if
any, and interest on the Bond as and
when the same shall be due and payable;
and
WHEREAS, the Bond will be sold
pursuant to and secured as provided by
~ Lender Loan Agreement to be dated
as of September 1, 1985 (the "Lender
Loan Agreement") by and between the
Issuer and Americon Trust & Savings
Bank, Dubuque, Iowa, (the "Lender");
and
WHEREAS, the rights of the Issuer
in and to the Loan Agreement are
assigned to the Lender under the Lender
Loan Agreement; and
WHEREAS, notice of intention to
issue the Bond has been published and
this Council has conducted a public hear-
ing pursuant to such published notice,
all as required by the Act and Section
496 Special Sessior
103(k) of the Internal Revenue Code, and
has determined that it is necessary and
advisable to proceed with the financing
of the Project; and
WHEREAS, the Issuer has arranged
for the sale of the Bond to the Lender;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
Issuer, as follows:
Section 1. Authorization of the
Bond. In order to finance the cost of the
Project, the Bond shall be and the same
is hereby authorized, determined and
ordered to be issued in the principal
amount of $525,000. The Bond shall be
issued in fully registered form,
numbered R-l, and shall be dated as of
the date of issuance and delivery thereof
and shall be executed, shall be in such
form, shall be payable, shall have such
prepayment provisions, shall bear in-
retest at such rates, and shall be subject
to such other terms and conditions as
are set forth therein and in the Lender
Loan Agreement and Loan Agreement.
The Bond and the interest thereon do
not and shall never constitute an in-
debtodness of or a charge against the
general credit or taxing power of the
Issuer, but are limited obllgaHons of the
Issuer payable solely from revenues and
other amounts derived from the Loan
Agreement and the Project and shall be
secured by an assignment of the Loan
Agreement and the revenues derived
therefrom. Forms of the Lender Loan
Agreement, the Bond and the Loan
Agreement are before this meeting and
are by this reference incorporated in this
Bond Resolutlon, and the City Clerk is
hereby directed to insert them into the
minutes of the City Council and to keep
them on file.
Section 2. Lender Loan Agreement;
Sale of the Bond. In order to provide for
the sale of the Bond to the Lender and
the conditions with respect to the
delivery thereof, the Mayor and City
Clerk shall execute, acknowledge and
deliver in the name and on behalf of the
Issuer, the Lender Loan Agreement in
substantially the form submitted to the
City Council, which is hereby approved
in all respects. The sale of the Bond to
the Lender is hereby approved and the
Mayor and City Clerk of the Issuer are
hereby authorized and directed to deliver
the Bond to the Lender. Deposit by the
Lender to the credit of the Issuer of the
purchase price, namel~ $525,000, in im
September 16, 1985
mediately available funds at the office
of the Lender shall constitute payment
in full for the Bond pursuant to Section
1.02 of the Lender Loan Agreement. The
Lender shall be authorized as the
Issuer's depository and agent to ira-
mediately deposit such purchase price
in the Project Fund established by Sec-
tlon 1.03 of the Lender Loan Agreement
to effect the making of the loan of the
proceeds of sale of the Bond to the Com-
pany pursuant to Section 1.02 of the
Lender Loan Agreement.
Section 3. Repayment of Loan. The
Loan Agreement requires the Company
in each year to pay amounts as loan
)ayments sufficient to pay the principal
of, redemption premium, if any, and in-
terest on the Bond when and as due and
the payment of such amounts by the
Company to the Lender pursuant to the
Loan Agreement is hereby authorized,
approved and confirmed.
Section 4. Loan Agreement. In ordor
to provide for the loan of the proceeds
~ the Bond to acquire and equip the Pro-
ject and the payment by the Company
of an amount sufficient to pay the prin-
cipal of and premium, if any, and interest
on the Bond, the Mayor and C~ty Clerk
shall execute, and deliver in the name
md on behalf of the Issuer the Loan
Agreement in substantially the form
submitted to the City Council, which is
hereby approved in all respects.
Section 5. Miscellaneous. The
Mayor and/or the City Clerk are hereby
authorized and directed to execute, at-
test, seal and deliver any and all
documents and do any and all things
deemed necessary to effect the issuance
and sale of the Bond an~d the execution
and delivery of the Loan Agreement and
~he Lender Loan Agreement, and to
carry out the intent and purposes of this
resolution, including the preamble
hereto.
Section 6. Severabillty. The provi-
sions of this resolution are hereby
declared to be separable and if any sec-
tion, phrase or provisions shall for any
reason be declared to be invalid, such
declaration shall not affect the validity
of the remainder of the sections, phrases
and provisions.
Section 7. Repealer. All resolutions
and parts thereof in conflict herewith are
hereby repealed to the extent of such
conflict.
Section 8. Effective Date. This
Special Session, Se
resolution shall become effective im-
mediately upon adoption.
Passed, adopted and approved this
16ti~ day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Han~mel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager ap-
proving request from Mr. John Erwin
to place a Canopy above the entrance to
Dubuque Financial Services at 1405
Dodge St., presented and read. Council
Member Stackis moved that the com-
munication be received and filed.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hommel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 65-85
An ORDINANCE Authorizing Joe
Faley Construction to construct
Masonry of Front 16" Projection Soffit
at 1405 Dodge St., presented and read.
Council Member Stackis moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Ho~nmel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Council Member Stackis moved that
the rule requiring an Ordinance to be
presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded by
Council Member Manning. Carried by
the following vote:
)tember 16, 1985 497
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 65-85
AN ORDINANCE AUTHORIZING
Joe Faley Construction
TO CONSTRUCT Masonry Roof or
front 16" Projection soffit.
NOW THEREFORE, BE Iq'
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That John Erwin as
owners of the prendses known as 1405
Dodge, Dubuque, Iowa, and legally
described as Lot 5 of Reeder Lang-
worthy's Sub be and they are hereby
granted the revocable permit and
authority to construct and maintain
sofllt under the terms and conditions
set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the
City Manager, and in accordance with
all applicable state and federal laws
and r%mlations, and the Ordinances of
the City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
a) A~sume any and all liability for
dmnages to persons or property wlfich
may result from the existence, loca-
tion, installation, construction or main-
tenance of said soffit
b) Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
instellation, existence, construction or
maintenance of said soffit sustained by
dent or otherwise to defend at its own
expense and on behalf of said City any
claim against the City of Dubuque
arising out of the location, installation,
of soffit and to pay reasonable attor-
ney fees therefore; and
c) Indemalfy and hold the City of
Dubuque flee and harmless from any
and all claims, loss, liability and
expense for death and/or injuries to
thffd persons or damages to property
of third persons, or for damage to any
property of the City of Dubuque which
498 Special Session, September 16, 1985
tion with the location, installation,
construction, maintenance and repair
of the facility, work or improvement
permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permlttees' further agreement
that should the right and privilege
herein granted be rescinded or revoked
by the City Council, permittees, or
their successors in interest, as owners
of the abutting property, shall within
ten (10) days after receipt of written
notice from the City Manager, so to
do, at their own expense, remove said
soffit and in the event of their failure
so to do, the City of Dubuque sball be
authorized to remove said soffit at per-
mittees' expense and dispose of the
same, and the permittee shall have no
clahn against the City or its agents for
damages resnitlng from the removal of
said soffit.
Section 5. That permittees conven-
ant and agree that the revocable per-
mit herein granted does not constitute
an approval of the design, erection,
location, construction, repair or main-
tenance of said facility and said per-
mittees hereby convenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death, per-
sonal injuries and/or property damage
against the permittees arising out of or
in any way connected with the loca-
tion, installation, construction, design,
repair and maintenance of the facility
herein permitted.
Section 6. This Ordinance shall
become effective and the rights here-
under accrue to John Erwin when this
Ordinance has been adopted by the
City Council and the terms and condi-
tions thereof accepted by pennittees by
acceptance endorsed on this Ordi-
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this Ordinance in the office of the
Recorder in and for Dubuque County,
Iowa.
passed, approved and adopted this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE
NO. 65-85
The undersigned having read and
being familiar with the terms and con-
ditions of Ordinance No. 65-85 hereby,
themselves, their successors or
assi~s, as owners of the abutting prop-
erty, accept the same and agree to be
bound by the conditions and agree-
ments therain contalned to be per-
formed by permittees.
Dated 5-14-85
By:/s/J. K. Erwin
Property Owner
Published officially in the Telegraph
Herald newspaper this 20th day of
September, 1985.
Mary A. Davis
City Clerk
Council Member Stackis moved final
adoption of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
BOARDS AND COMMISSIONS
Airport commission - One six year
term which will expire 9-14-91 (Term of
M. Graves); Applicants: W. Fralbarger,
F.M. Hellert, Michael J. phillips, Harold
Styer, H.L. Thacker, D. ltoulihan. Vote
on the appointment was as follows:
Mayor Brady voted for Styer; Council
Member Daich voted for Houlihan;
Council Member Hammal voted for
Houllhan; Council Member Khieaner
voted for Styer; Council Member
Kronfeldt voted for Houllhau; Council
Member Manning voted for Houllhan;
Council Member Stackis voted for
Houlihan. Therefore, Dennis Houllh.an
appointed to a six year term to expxre
9-14-91 on the Airport Can~misaian.
TRANSFERS: Petition of C. J.'s
Lounge requesting to transfer their Li-
quor License to front of building at 253
Main St. for Saturday, Sept. 21, from 9
to 6 p.m.; Petition of The Brewing Co.
requesting to transfer their Liquor
License to 7th and Town Clock Plaza on
Sept. 21 & 22; Petition of Nites of the
Square Table requesting to transfer
their Beer Permit to Sehmitt Harbor on
Sept. 21, 1985, presented and read.
Special Session, Se
Council Member Deich moved that the
petitions be received and filed and
transfers approved. Seconded by Coun-
cfi Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Khiesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 307-85
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
issued to the following named applicants
a Beer Permit.
CLASS "B" BEER PERMIT
Pizza Hut of Dubuque 62 (Also Sunday Sales)
320 E. 20th St.
CLASS "C" BEER PERMIT
The Lincoln Company (Also Sunday Sales)
Casey's General Store 4003 Peru Road
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved edop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 308-85
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
~tember 16, 1985 499
been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances role-
rant 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 appil-
cant(s) a Liquor License.
CLASS "B" (IIOTEL MOTEL)
BEER AND LIQUOR LICENSE
Dubuque Motor Hotels, lac. (Also Sunday Sales)
Holiday Inn 1111 Dodge St.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Eagle Point Assoc., ln~. (Also Sunday Sales)
Tollbridge Inn 2800 Rhomberg Ave.
Happy's Place, Inc. (Also Sunday Sales)
2323 Rockdale Rd.
LeRoy A. Miller (Also Sunday Sales)
Whitey's Bar-X 2616 Windsor Ave.
William Baum (Also Sunday Sales)
Baum Shelter 500 Rhomberg Ave.
Patrick J. Barry and Gary Kupfersebmidt
Whiskey River 1064 University Ave.
Robert P. Speigelhalter (Sunday Sales Only)
Club House 2364 Washington
CLASS "B" WINE PERMIT
Dubuque Historic Improvement Co.
Redstone Inn 504 Bluff St.
Passed, adopted and approved this
16th day of September, 1985.
James E. Brady
Mayor
kTTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the fallowing vote:
Yeas--Mayor Brady, Council
Members Daich, Hmnmel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
MINUTES SUBMITTED: Building
Code Advisory and Appeals Board of
8-28; Civil Service Commission of 7-29;
Dubuque In-Future, Inc. of 8-15; Fire
Retirement Bd. of 8-27; Five Flags
5OO
Special Session September 16, 1985
Comm. of 8-26;; Historic Preservation
Comm. of 9-3; Housing Comm. of 8-27;
Mechanical Bd. of 8-27; Planning and
Zoning Comm. of 8-21 & 9-4; Zoning Bd.
of Adjustment, presented and read.
Council Member Manning moved that
the minutes be received and filed.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Mrs. Clara Culbertson in
amount of $6,153.95 for personal in-
juries; Jeffrey T. Meyer in amount of
$465.99 for car damages; Mrs. Veronica
Tschurner in amount af $150 for proper-
ty dsmages, presented and read. Coun-
all Member Manning moved that the
claims and suits be referred to the Legal
Staff for investigation and report.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kinesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of Corporation
Counsel Lindahl advising the granting
of Judgement in City of Dubuque vs.
Holiday Oil Distribution, Inc. case
presented and read. Council Member
Manning moved that the communica-
tlon be received and filed. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kinesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of Cha~person of Air-
port Commission informing Council of
the ~financial effects caused by the
demise of American Central Airlines on
the airport budget, presented and read.
Council Member Kronfeldt moved that
the communication be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammal, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of Joe Holdlman, Vice
President and General Manager of Eagle
Mfg. Co. advising of their impossibili-
ty to continue business at their location
if plans to remove railroad access is
finalized, presented and read.
Council Member Stackis moved that
a letter be drafted and sent to the D.O.T.
relaying concerns regarding removal of
railroad access and stress they continue
to provide rail service for those that stlil
need it. Seconded by Council Member
Deich. Carried by the fallowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of William Fuerste
expressing appreciation to Ambulance
Personnel and Dispatcher during recent
emergency, presented and read. Coun-
cil Member Kronfeldt moved that the
communication be received and filed.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of Steven C. Hoth,
Pres. of Dubuque Policemen's Protec-
tive Assn., requesting Council to declare
its desire to abide by the ruling of the
supreme judicial authority, presented
and read. Council Member Kronfeldt
moved that the communication be
received and flied. Seconded by Council
Member Manning. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Ho~amel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
REFUNDS REQUESTED: Gerold
Robinson, $211.25 on unexpired Liquor
License, presented and read. Council
Member Manning moved that the re-
fund request be approved and that the
Finance Director to issue the proper
check. Seconded by Council Member
Stackis. Carried by the following vote:
Yeas--Mayor Brady, Council
Special Session, Se
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager re-
questing approval to install a Street
Light in the area along North Grand-
view, north of Ungs St., presented and
read. Council Member Manning moved
that the communication be received and
filed and concur with the City Mgr.'s ap-
proval. Seconded by Council Member
Stackis. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
At 9:28 p.m., Council Member
Kronfeldt moved to go into Closed Ses-
sion in accordance with Chapter 21.5 llc)
to discuss strategy with Counsel in mat-
ters where litigation is imminent, where
its disclosure would be likely to pre-
judice or disadvantage the position of
the governmental body in this litigation.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
At 10:21 p.m., Council reconvened.
Mayor Brady announced that Counsel
had been given direction regarding mat-
ters where litigation is imminent.
There being no further business, Coun-
cli Member Kronfeldt moved to adjourn.
Seconded by Council Member Manning.
Carried by the fullowing vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Adjourned - 10:25 p.m.
Mary A. Davis
City Clerk
Approved _
Adopted
__1986
__1986
Mayor
tember 16, 1985 501
Council Members
ATTEST:
City Clerk