1985 October Council Proceedings Regular Session, October 7, 1985 503
CITY C0U~°n N°tice °f Public Hearing
on an Ordinance providing restrictions
OFFICIAL
Regular Session, October 7, 1985.
Council met at 7:30 p.m., Public
Library Auditorium.
Present: Mayor Brady, Council
Members Deich, Hammel, Kronfeldt,
Manning, Stackls, City Manager W.
Kenneth Gearhart, Corporation Counsel
Barry A. Lindahl.
Absent at roil call: Council Member
Kluesner.
Mayor Brady read the call and stated
that service thereof had been duly made
and this meeting is the Regular Monthly
Meeting of the City Council called for
the purpose to act upon such business
which may properly come before the
Council.
The invocation was given by Daniel II.
Smith, President of Emmaus Bible Col-
lege. Council Member Kluesner entered
the Chambers at 7:33 p.m.
PROCLAMATIONS: Week of Oct.
6-12 as "Employ the Handicapped
Week"; Days of Oct. 10-13 as "Arts
Showcase & Art Education Days"
received by Lenore Howard & Toby
Evans; Week of Oct. 13-19 as "Adult
Continuing Education Week" received
by Tom Nugent of NITI; Oct. 15 as
"White Cane Safety Day"; Oct. 20-26 as
"Lupus Awareness Week" received by
Loras Erhlich; Week of Oct. 19-26 as
"Higher Education Week" recieved by
Catherine Dunn of Clarke College; John
Hess of Loras College and Daniel Smith
of Emmaus Bible College; Month of Oct.
as "UNICEF Month in Dubuque"
received by Delores Evers; Oct. 31 as
"Halloween Trick or Treat Night".
Jerry Enzler of the Dubuque County
Historic Society made a presentation
(sketch by Gary Olsen) of the Ice Har-
bor etc. of 100 years ago.
Council Member Kluesner moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Kronfeldt.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Proof of publication, certified to by the
on parking in designated residentio~
district, establishing a Residential Park-
ing Permit Program, AND Communica-
tion of John P. Klauer ~commending in-
stallation of parking meters in the col-
lege districts, presented and read. Coun-
cfi Member Kronfeldt moved that the
proof and communication be received
and flied. Seconded by Council Member
Manning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Steckls.
Nays--None.
Melvin Reynolds of 2180 Grace and
Harold Hoppmann of 2224 Grace spoke
to the proposed Ordinance, requesting
a one time fee be considered.
ORDINANCE NO. 66-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY ENAC-
TING A NEW DIVISION 6 TO
CHAPTER 25 COMPRISING SEC-
TIONS 25-350 THROUGH 25-362
THERETO PROVIDING RESTRIC-
TIONS ON PARKING IN
IESlGNATED RESIDENTIAL
DISTRICT, ESTABLISHING A
RESIDENTIAL PARKING PERMIT
PROGRAM AND PROVIDING
PENALTIES FOR VIOLATIONS OF
THE PARKING PERMIT PROGRAM,
said Ordinance having been presented
and read at the Council Meeting of
September 16. 1985, presented for fur-
ther action.
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 Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 66-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
504
Regular Session, October 7, 1985
ENACTING A NEW DIVISION 6
TO CHAPTER 25 COMPRISING
SECTIONS 25-350 THROUGH 25-362
THERETO PROVIDING RESTRIC-
TIONS ON PARKING IN DESIG-
NATED RESIDENTIAL
DISTRICTS, ESTABLISHING A
RESIDENTIAL PARKING PERMIT
PROGRAM AND PROVIDING
PENALTIES FOR VIOLATIONS OF
THE PARKING PERMIT PRO-
GRAM
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 Divi-
sion 6 to Chapter 25 comprising Sec-
tions 25-350 through 25-362 thereto as
follows:
"DIVISION 6. RESIDENTIAL
PARKING PERMIT PROGRAM
Sec. 25-350. Intent and Purpose
The City Council of the City of
Dubuque, Iowa, finds and declares
that the provisions of this Division are
enacted for the following reasons:
(a) To reduce the traffic congestion
resulting from the use of streets within
residential districts for vehicles parked
by persons not residing within the resi-
dential district;
(b) To protect the residential dis-
tricts from polluted air, excessive noise,
and refuse caused by the entry of such
vehicles;
(c) To protect the residents of the~
residential districts from unreasonable
burden in gaining access to their resi-
dences;
(d) To preserve the character of
these districts as residential districts;
(e) To preserve the vahie of the
property in these residential districts;
(f) To promote traffic safety and the
safety of children and other pedestri-
ans in these residential districts;
(g) To forestall dangers arising from
the blocking of fire lanes, hydrants and
other facilities required by emergency
vehicles, both in reaching the v/ctim
and in transporting them to the hospi-
tal; and
(h) To promote the peace, comfort,
convenience, and welfare of all inhab-
itants of the City.
Sec. 25-351. Definitions
For the purpose of this Division the
following terms shall have the mean-
ings listed below:
(a) Block Face shall refer to ail the
properties on one side of a given street
existing between two consecutive inter-
secting streets.
(b) Dwelling Unit shall mean a
building or portion of a building which
is exclusively arranged, occupied, or
intended to be occupied as living quar-
tsm for one family.
(c) Motor Vehicle shall mean a
vehicle licensed as a private passenger
car or a motorcycle or light pickup
truck but not including any other
truck or road tractor.
(d) Resident shall mean a person
who maintains a bonafide occupancy
within a Residential Parking Permit
District.
(e) Residential District shall mean
a contiguous area containing public
streets or parts thereof abutted by res-
idential property, or residential and
nonbusiness property including, but
not limited to, schools, parks, churches,
hospitals and nursing homes.
(f) Residential Parking Permit
District shall mean a residential area
designated by Ordinance as herein pro-
vide&
(g) Peak Period shall mean that
time interval between the hours of 7:00
a.m. and 5:30 p.m. daily or between
such hours as requested by the peti-
tioners during which the highest per-
centage of overall resident and
nonresident parking utilization occurs.
Sec. 25-352. Residential Parking
Permit Program Established
There is hereby established a Resi-
dential Parking Permit Program. The
procedure for being designated a Resi-
dentiui Parking Permit District shall
be as follows:
(a) Petition - In order to be consid-
ered for a Residential Parking Permit
District designation, a group of resi-
dents must submit a petition to the
City Manager co. nteining the signature
of an adult member of at least sixty
(60) percent of the dwelling units in
the residential area. Petitions shall
only 'be considered for areas which
contein at least four adjacent block
faces or fifty curb parking spaces. The
boundaries of and the streets within
the proposed permit parking district
shafi be clearly identified on each page
of the pel~tion. The petition shall also
state clearly that, (1) if the district is
approved that participation in the pro-
gram is mandatory, (2) only those
vehicles with a permit shall be permit-
ted to park in the Residential Parking
Pemfit District between 7:00 a.m. and
5:30 p~m. daily, or such other hours as
may be requested by the petition and
approved by City Council, except Sun-
days and holidays, and (3) an annual
fee of $ffi.00 will be charged for a
parking permit fol' each vehicle. The
Regular Session,
necessary petition can be obtained
from tt~e Office of the City Clerk. A
cover letter explaining the reasons for
the request and a map showing the
boundaries of the proposed parking
permit district shall accmnpany the
potition.
(b) Parking Study - Upon receipt
of a valid petition, the City Manager
simll cause a parking study of the area
identified in the petition to be con-
ducted.
A Residential Parking Permit Dis-
trict may be established only if the
results of the study demonstrate that
both of the following criterion are
satisfied d ucing peak periods:
(1) At least eighty (80) percent of
the curbside parking spaces in the pro-
posed parking pemfit district were uti-
lized during peak periods. For purposes
of this criterion, a legal curbside pm'k-
lng space shall be twenty-three (23)
linear feet; and
(2) At least twenty-five (25) percent
of the curbside parking spaces in the
proposed parking district were utilized
by nonresident parkers. For purposes
of this criterion, the latest available
motor vehicle registration information
shall be used.
(c) Parking Study Report and
Recommendation - Upon completion
of the parking study, if the conditions
of (b)(1) and (b)(2) are establ/shed, the
City Manager shall make a report and
recommendation to the City Council,
based upon the petition and results of
the survey, on whether or not to desig-
hate the proposed parking district or
a portion thereof as a Residential
Parking Permit District and the hours
such restrictions are to be in effect.
The recommendation shall take the
following into account:
(1) The effect on the safety of the
residents of the proposed Residential
Parking Permit District frmn intensive
parking by nonresidents;
(2) The difficulty or inability of resi-
dents of the proposed Residential
Parking Permit District to obtain adc-
quate curbside parking adjacent to or
hem~ thek residences because of wide-
spread use of available curbside park-
lng spaces by nonresident motorists;
(3) The likelihood of alleviating, by
use of the Residential Parking Pemfit
Program, any problem of nonavailabi-
lity of residential parking spaces; and
(4) The desire of the residents in the
proposed residential parking permit
area for the institution of a Residential
Parking Permit District and the wil-
lingne~g of those residents to bear the
cost incidental to the administration of
October 7, 1985 505
tbe Residential Parking Permit Pro-
(d) Public Hearing - Upon receipt
of the report and recommendation
from the City Manager, the City
Council shall set a public hearing on
the petition. Upon completion of the
public hearing the City Council may
reject the petition or adopt an Ordi-
nance designating the permit area as
a Residential Parking Pernsit District
and the hom. s such parking restrictions
are to bo in effect.
Sec. 25-g53. Posting of Residen-
tial Parking Permit Signs
Following adoption of an Ordinan-
ace designating a Residential Parking
Permit District, signs shall be erected
in the designated area indicating the
hours which curbside parking in the
designated area is prohibited, except
Sundays and holidays, unless the vehi-
cie properly displays a parking permit.
Sec. 25-854. Notice to Residents
of Designation of Residential Park-
lng Permit District
Following adoption of an Ordinance
to desig~mte a Residential Parking Per~
mit District, the City Clerk shall mail
to every dwelling unit within the desig-
nated district the following docu-
(a) A Notice of Designation which
shall inform the residents in the desig-
hated area of:
(1) The existence, exact location and
numerical designation of the Residen-
tial Parking Permit District;
(2) The Parking restrictions applica-
ble to all vehicles curbside parking
spaces along streets in the designated
area wbich do not properly display a
parking permit authorized by this Oedi-
(3) The procedures to obtain a resi-
dential parking permit.
(b) An Application for Residential
Parking Permit on which the appl]-
cant is to provide the following infor-
residential parking permit:
(1) The name and residential address
of the owner of the vehicle;
(2) The name, residential address
and driver's license number of the
principal operator of the vehicle;
(3) The make, model, license plate
the vehicle; and
(4) The signature of the applicant
for the residential parking permit.
Sec. 25-355. Issuance of Reaiden-
tial Parking Permit
(a) A residential parking permit shall
lie issued upon the applicant's payment
of an annual $10.00 residential parking
506 Regular Sessior October 7, 1985
permit fee and submission of a com-
pleted residential parking permit appli-
cation. A separate parking permit fee
and application is required for each
motor vehicle the applicant parks
carbside within the district. Not nmre
than two residential parking permits
shall be issued to each dwelling unit.
The pemfit fee shall be used to off-
set the cost of operation and adininis-
tration of the Residential Parking
Permit Program. Permit fees are not
refundable or elgible for proration.
One Guest Parking Permit shall be
issued without charge witb each Res-
idential Parking Permit for use only
by non-residents of the Residential
Parking Permit District.
Up to two (2) guest parking permits
for which an annual fee of $5.00 per
permit shall be charged may be issued
to a dwelling unit wherein none of the
residents own or operate a motor vehl-
(b) The Residential Parking Permit
shall be permanently affixed to the
inside bettom left corner of the fl'out
windst~eld. Guest pe~nits shall be dis-
played in the same location.
Vei2cles not equipped with a front
windshield shall permanently affix the
permit in a prominent location.
(c) No Residential Parking Permit
shall be issued for a vehicle whose
owner or ptincipal operator is not a
resident in the designated Residential
Parking Permit District.
(d) Tbe applicant for, and holder, of
the Residential Parking Permit shall be
the owner or principal operator of the
vehicle receiving tire parking permit.
Sec. 25-356. Renewal of Residen-
tial Parking Permit
(a) The Residential Parking Permit
shall be renewed annually during the
month of August and expires on
August 31st of each year.
(b) Cpon the pem~it holder's pay-
ment of a $10.00 residential parking
permit renewal fee and suhinission of
a completed residential parking pemrit
application, the holder shall receive a
new parking permit valid for a one
year peried.
Sec. 25-357. Transfer of Residen-
tial Parking Permit
(a) Upon tbe permit holder's pay-
ment of a $1.00 residential parking per-
mit transfer fee, the submission of a
completed residential parking pernrit
application and the surrender of the
existing Residential parking permit, the
permit holder shall receive a new resi-
dential parking permit to be trans-
ferred to another qualifying vehicle.
(b) The transfer of the residential
parking permit to another qualifying
vehicle shall not affect its expiration
date.
Sec. 25-358. Responsibility of
Permit Holder
(a) The holder of a Residential
Parking Permit or Guest Parking Per-
mit shall be permitted to stand or park
a motor vehicle operated by hfln/her in
the designated Residential Parking
Permlt District during such time as the
parking of such vehicles therein is per-
mitred. While such vehicle for witich a
Residential P~'king Permit has been
issued is so parked, or a velficle dis-
playing a visi~or permit, such permit
shall be displayed as prescribed in this
Division.
(b) A Residential Parking Permit or
Guest Parking Permit does not guaran-
tee or reserve to the bolder a parking
space within the designated permit
parking district. A parking permit does
not authorize tbe standing or parking
of any vekicle in such places and dur-
ing such times as the stopping, stand-
ing or parking of vehicles is prohibited
or set aside for specific types of vehi-
cles, and does not excuse the violation
of any traffic regulation in the residen-
tial pea, king district.
(c) Whenever the bolder of a Resi-
dential or Guest Parking permit, or tbe
vehicle for which the parking permit
was issued, no longer fulfills one or
more of tbe applicable provisions of
this Division controlling issuance,
renewal or transfer of parkteg permits,
the holder shall so notify the City
Clerk's Office.
(d) Until its expiration, surrender or
revocation, a parking permit shah
rmnain valid for such time as the
holder continues to reside with in the
designated Reslilential Parking Permit
District._
(e) A parking permit shall be valid
only in the Residential Parking Per-
mit District for wtlich it is issued.
Sec. 25-359. Exceptions
(a) The provision of this Division
shall not apply to clearly marked set-
vice vehicles doing business in the
designated Residential Parking Permit
Disttict during the sime they are work-
lng in the district insofar as they are
clearly marked.
(b) Whenever metered parking is in
effect in any portion of a Residential
Parking Pemfit District, this Division
shall not apply to such metered park-
lng.
Sec. 25-360. Withdrawal of Desig-
nation of Residential Parking Per-
mit District
(a) Action to withdraw a Residen-
Regular Session, October 7, 1985
507
tial Parking Permit District designa-
tion may be made by a petition signed
by an adult member of at least sixty
(60) percent of the dwelling units in
the designated district.
(b) Upon receipt of a valid petition,
the City Council shall set a public
hearing on the question of withdraw-
ing the Residential Parking Permit
District designation. Upon completion
of the public hearing, the City Coundl
may repeal the Ordinance designating
the Residential Parking Permit Dis-
trict.
(c) Following any repeal of the Ordi-
nance establishing a Residential park-
ing Permit District, the City Clerk
shall notify each resident witt~n the
district of such City Council action.
(d) The effective date of withdrawal
of the designation shall be upon publi-
cation of the repealing Ordinance.
Sec. 25-361. Prohibited Acts
It shall be a violation of this Divl-
sion for any person to:
(a) Park or stand in designated dis-
tricts during the restricted hours with-
out displaying the proper permit;
(b) Represent in any manner or form
that a veincle is entitled to a parking
permit authorized by this Division
when it is not so entitled. The display
of a parking pemfit on a vetficle not
entitled to such a p~king permit shall
constitute such a representation.
(c) Duplicate, or attempt to dupli-
cate, by any means, a parking pemrit
authorized by this Division. It shall
also be a violation of this Division to
display upon any vel~cle such a dupli-
cate parking permit.
Sec. 25-362. Penalty
(a) The owner or operator of any
vehicle who shall receive notice, either
personally or by the attaching of such
notice to said vehicle, that said vei~icle
is parking in violation of Sec. 25-361(a)
of this Division sbal], within 72 hem's
from the time when such notice is
served upon him/her or attached to
said vetficle, pay to the City Treasurer
as a penalty for such violation, the
sum of five dollars ($5.09).
(b) A violation of Sec. 25-361(b) and
25-361(c) constitutes a simple misde-
meanor.
~ection 2. The provisions of this
Ordinance are separable and if any
provision, clause, sentence, subsection,
word or part thereof is held invalid,
illegal or unconstitutional, or inappti-
cable to any perso n
or circtunstances, such illegality, inva-
lidity or unconstitutionality or inappli-
cability shall not affect or impair any
of the remaining provisions, clauses,
sentences, subsection, words or parts of
the Ordinance or their application to
other persons or drcumstances. It is
hereby declared to be the legislative
intent that ti~is Ordinance would have
been adopted if such illegal, invalid or
unconstitutional provision, clause, sen-
tence, subsection, word or part had not
been included herein, and if such per-
son or circumstance, to which the
Ordinance or part thereof is held inap-
)licable, had been specifically
exempted therefl'om.
Passed, approved and adopted this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
October, 1985
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
final adoption of the Ordinance. Second-
ed by Coundl 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
of plans and specs, for cost of the Rot-
man parking Lot, presented and read.
There were no written objections receiv-
ed and no oral objectors present at the
time of the Hearing. Council Member
Kluesner moved that the proof of
publication 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.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 309-85
WHEREAS, on the 11th day of
September, 1985, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of Dubu-
508
Regular Session, October 7, 1985
que, Iowa, for the Rotman 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 TIlE 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
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner 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.
ders published in a newspaper publish-
ed in the City of Dubuque, Iowa on the
20th day of September, 1985.
WHEREAS, said sealed proposals
were opened and read on the 1st day of
1985 and it has been determin-
ed that the bid of River City Paving, Inc.
of Dubuque, Iowa, in the amount of
$26,808.35 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-
be awarded to River City
Paving, Inc. and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
Passed, approved and adopted this
7th day of October, 1985.
James E. Brady
Mayor
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
receipt of bids for the constraction of
Rotman parking Lot AND Communica-
tion of City Manager recommending to
award contract for the project,
presented and read. Council Member
YAuesner moved that the proof and com-
municatinn 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.
AWARDING CONTRACT
RESOLUTION NO. 310-85
WHEREAS, sealed proposals have
been submitted by contractors for the
Rotman Parking Lot pursuant to
Resolution No. 304-85 and notice to bid-
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Daich, Hammel, Kinesner,
Kronfeldt, Manning, Stackis.
Nays--None,
Proof of publication, certified to by ~.~-e
Publisher, on Notice of Public Hearing
on plans and specs, for cost of the Wind-
sor Avenue and Burden Ave. Storm
Sewer, presented and read. There were
no written objections received and no
oral objectors present at the time of the
Hearing. Council Member Deich moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the fonow-
I lng vote:
Regular Session, October 7, 1985
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfaidt, Manning, Stackis.
Nays--None.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 311-85
WHEREAS, on the 11th day of
September, 1985, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of Dubu-
que, Iowa, for the Windsor Avenue and
Burden Avenue Storm Sewer; 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
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Belch moved adop-
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.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
receipt of bids for the construction of
Windsor Ave. and Burden Ave. Storm
Sewer AND Communication of City
Manager recommending to award con-
tract for the project, presented and read.
Council Member Dcich moved that the
proof and communication be received
and filed. Seconded by Council Member
Manning. Carried by the following vote:
509
Yeas--Mayor Brady, Council
Members Deich, Haramel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
AWARDING CONTRACT
RESOLUTION NO. 312-85
WHEREAS, sealed proposals have
been submitted by contractors for the
Windsor Avenue and Burden Avenue
Storm Sewer pursuant to Resolution No.
295-85 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 20th day of
September, 1985.
WHEREAS, said sealed proposals
were opened and read on the 1st day of
October, 1985 and it has been deterlnin-
ed that the bid of Tschiggffrie Ex-
cavating of Dubuque, Iowa in t~be
amount of $21,421.15 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 contractor for the above im-
provement be awarded to Tschigg~rie
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 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 unsuccessfai bidders.
Passed, approved and adopted this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Dcich moved adop-
tion of the Resaiution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammai, Kluesner,
Kronfeldt, Manning, Stackis.
510
Nays--None.
proof of publication, certified to by the
Publisher on Notice of Public Hearing
on plans and specs, for cost of the three
reinforced Concrete Dome Structures for
the Wastewater Division, presented and
read. There were no written objections
received. Council Member Hammal mov-
ed that the proof of publication be
received and filed. Seconded by Council
Member Stackis. Carried by the foliow-
ing vote:
Yeas--Council Members Deich, Ham-
mel, Kluesner, Kronfeldt, Manning,
Stackls.
Nays--Mayor Brady.
Resolution Adopting
Plans And Specifications
RESOLUTION NO. 313-85
WHEREAS, on the lltb day of
September, 1985, plans, specifications
form of contract and estimated cost
were filed with the City Clerk of Dubu-
que, Iowa, for the Reconstruction of the
Three Reinforced Concrete Dome Struc-
tures for the City of Dubuque
Wastewater Division; 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
7th day of October, 1985.
James E. Brady
Mayor
Attest:
Mary Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded by
Council Member Stackls. Carried by the
foliowing vote:
Yeas--Councll Members Deich
Regular Sessi_~or October 7, 1985
Hammel, Kluesner, Kronfeldt, Manning,
Stackis.
Nays--Mayor Brady.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
of the receipt of bids for the reconstruc-
tion of the three reinforced Concrete
Dome Structures for the City of Dubu-
que Wastewater Division AND Com-
muaicatinn of City Manager recommen-
ding to award contract for the project,
presented and read. Council Member
Hammel moved that the proof and com-
munication be received and filed.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Council Members Deich, Ham-
mai, Klueaner, Kronfeldt, Manning,
Stackis.
Nays--Mayor Brady.
AWARDING CONTRACT
RESOLUTION NO. 314-85
WHEREAS, sealed proposals have
been submitted by contractors for the
Reconstruction of the Three Reinforced
Concrete Dome Structures for the City
of Dubuque Wastewate Division pur-
suant to Resolution No. 292-85 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 20th day of
September,~ 1985.
WHEREAS, said sealed proposals
were opened and read on the 26th day
of September, 1985, and it has been
determined that the bid of Warren Con-
tractors, Inc. of Warren, Michigan in the
amount of $169,000.00 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 Warren Con-
tractors, Inc. and the Manager be and
is hereby directed to execute a contract
on behaif 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
Regular Session, October 7, 1985
511
bond, the City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
Passed, approved and adopted this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded by
Council Member St ackis. Carried by the
fallowing vote:
Yeas--Council Members Dcich, Han~-
mel, Kluesner, Kronfeldt, Manning,
Stackis.
Nays--Mayor Brady.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on plans and specs, for cost of the
Chaplain Schmitt Memoriai Island
Ballpark Complex, Facilities Building
Piling, presented and read. There were
no written objections received and no
oral objectors present at the time of the
Hearing. Council Member Kluesner
moved that the proof be received and fil-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kinesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 315-85
WHEREAS, on the 11th day of
September, 1985, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of Dubu-
que, Iowa, for the Chaplain Schmitt
Memorial Island Ballpark Complex,
Facilities Building Piling; 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
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kinesner moved
adoption of the Resolution. Seconded by
Council Member Manning. 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
Pabtisher, on Notice to Bidders of the
receipt of bids for the construction of the
Chaplain Schmitt Memorial Island
Ballpark Complex, Facilities Building
Piling AND Communication of City
Manager recommending to award con-
tract for the project, presented and read.
Council Member Kinesner moved that
the proof and communication be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the foilow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
AWARDING CONTRACT
RESOLUTION NO. 316-85
WHEREAS, seaied proposals have
been submitted by contractors for the
Chaplain Schmitt Memorial Island
Ballpark Complex, Facilities Building
Piling pursuant to Resolution No.
301-85 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa, on the 20th day of
September. 1985.
WHEREAS, said sealed proposals
were opened and read on the 27th day
of September, 1985 and it has been
determined that the bid of J.F. Brennan
512 Regular Session, October 7, 1985
Co., Inc. of La Crosse, Wisconsin in the
amount of $23,169.44 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 bo awarded to J.F. Brennan
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 tho contractor's
bond, tho City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
Passed, approved and adopted this
7th day of October, 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, Hammai, Klueaner,
Kronfeldt, Manning, Stackis.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on plans and specs, for cost for the
Chaplain Schmitt Memorial Island
Ballpark Complex, Facilities Building,
presented and read. There were no writ-
ten objections received and no oral ob-
jectors present at the time of the Hea~
lng. Council Member Hommel moved
that the proof be received and flied.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 317-85
WHEREAS, on the 11th day of
September, 1985, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of Dubu-
que, Iowa, for the Chaplain Schmitt
Memorial Island Ballpark Complex,
Facilities Building; and
WHEREAS, notice of hearing on
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
7th day of October, 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 Delch, Hammel, Khiesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
receipt of bids for the construction of
Chaplain Schmitt Memorial Island
Ballpark Complex, Facilities Building,
~.ND Communication of City Manager
recommending that the bids received be
rejected and that the City re-advertise
for bids on the structure, presented and
read. Council Member Hammel moved
that the proof and communication be
received and filed. Seconded by Council
Member Kluesner. Carried by the fofiow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Regular Session, October 7, 1985
Kronfeldt, Manning, Stackis.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 318-85
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY 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 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 rece. ipt of said bids at
2:00 p.m. on the 22nd 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 4th day of November,
1985.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resalution. Seconded by
Council Member Khiesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt. Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitting documents providing for demoli-
tion of the existing Rockdaie Road
Bridge and the replacement of the
bridge and improvement of the ap-
preaches, presented and read. Council
513
Member Hammal moved that the com-
munication be received and filed.
Seconded by Council Member Stackls.
Carried by the fofiowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kranfaldt, Manning, Steckis.
Nays--None.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 319-85
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 Rockdaie Road Bridge and
Approaches, hi the estimated amount of
$1,168,987, are hereby approved and
ordered flied in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
7th day of October, 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, Hammai, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
RESOLUTION NO. 320-85
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 Rockdale Road Bridge and
Approaches.
NOW, THEREFORE, BE IT
RESOLVED that on the 21st day of Oc-
tober, 1985, a public hearing will be held
at 7:30 p.m. in the Public Library
514
Regular Session ~ October 7, 1985
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 circulatinn 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
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved
adoption of the Resolution. Seconded by
Council Member St ackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ORDERING BIDS
RESOLUTION NO. 321-85
BE IT RESOLVED BY THE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the Rochdale Road Bridge and
Approaches 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, which notice shall not be less
than four days nor more than twenty
days prior to the receipt of said bids at
9:00 a.m. on the 5th day of November~
1985. Opening and reading of the bids
will be performed at the Iowa Depart-
ment of Transportation, Highway Divi-
sion Office, at Ames, Iowa, after 9:00
a.m. on the same date such bids are
scheduled to be received, unless other-
wise specified by the Iowa Department
of Transportation. Bids will be submit-
ted to the City Council for final action
at 7:30 p.m. on the 18th day of
November, 1985.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved
adoption of the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel. Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Petition of owner and manager of Ms.
Pat's Restaurant. containing 1022
signatures requesting action be taken to
alleviate what they believe to be a very
dangerous and detrimental condition ex-
isting at the intersection of Highways
151-61 and the Schmltt Island -
Greyhound Park Intersection, presented
and read. Pat Lombardi-Schuster, owner
and C~rolyn Wolf, manager, spoke to
the petition requesting a traffic light
during peak traffic hours. Council
Member Kluesner moved that the peti-
tion be received and filed and matter
referred to Staff with specific concerns
(cost, feasibility, signage, etc.) and to
have response by Dec. 1st, if possible.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Kronfeidt, Manning, Stackis.
Nays None.
Communication of Attorney R.N.
Russo, requesting to address the Coun-
cil on behalf of Dubuque Poiicemen's
Protective Assn., and Dubuque Fire
Fighters Protective Assn. relating to the
Regular Session,
definition of earnable compensation as
including "Holiday Pay" and "Educa-
tional Bonus Pay" AND Communica-
tion of City Manager submitting
response to correspondence received
from Mr. Russo, presented and read. At-
torney Russo and Firefighter Ric Jones
and Palice Office Steve Hoth spoke to
the specifics of the communications.
Council Member Hammal moved that
the communications be received and fil-
ed and referred to the Council for further
investigation and study with report
back for the Council Meeting of Nov.
4th. Seconded by Council Member
Stackis. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Hummel, Manning, Stackis.
Nays--Council Members Kluesner,
Kronfeldt.
Petition of Dubuque Star Brewing Co.
requesting an extension of the Industrial
Development Revenue Bonds authoriza-
tion which was adopted by the City
Council on August 1L 1985, presented
and read. Council Member Deich mov-
ed that the petition be received and ffi-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich. Hummel, Kluesner,
Kronfeldt. Manning, Stachis.
Nays--None.
RESOLUTION NO. 322-85
A Resolution amending the memoran~
dura of agreement executed in connec-
tion with the issuance of not to exceed
$1,000,000 in aggregate-principal
amount of the issuer's Industrial
Development Revenue Bonds (The
Brewery Project).
WHEREAS, the City Council of the
City of Dubuque, Iowa (the "Issuer"),
pursuant to its Resolution No. 204-83
duly adopted on August 11, 1983,
previously entered into a Memorandum
of Agreement with The Brewery, a
Wisconsin general partnership (the
"Borrower"), providing for the process-
ing and issuance of its Industrial
Development Revenue Bonds (The
Brewery Project) (the "Bonds") in the
aggregate principal amount of not to ex-
ceed $1,000,000; and
WHEREAS, the Borrower has in-
October 7, 1985 515
formed the Issuer that it still desires to
~roceed with the Project or portions
thereof, as defined in the Memorandum
of Agreement, but requests that the ex-
)iratinn date of its Memorandum of
Agreement with the Issuer be extend-
ed from September 30, 1985 to
December 31, 1986.
WHEREAS, City Council hereby
reaffirms its approval of the Project and
concurs in the requested amendment.
NOW, THEREFORE, Be It and It Is
Hereby Resolved by the City Council of
the City of Dubuque, Iowa, as follows:
Section 1. That, as requested by the
Borrower, the Memorandum of Agree-
men~ dated August ll, 1983, which was
approved by Resolution No. 204-83 of
this City Council adopted and approv-
ed on the same date, hereby is amended
by substituting the date "December31,
1986" for "September 30, 1985" in
paragraph 4(a) of said Memorandum of
Agreement, and the Amendment to
Memorandum of Agreement, in the form
attached hereto as Exhibit "A" is
hereby approved and the Mayor is
hereby authorized and directed to ex-
ecute said Amendment and the City
Clerk is hereby authorized to attest the
same and affix the seal of ti~e Issuer
thereto.
Section 2. All resolutions and orders
or parts thereof, in conflict herewith are,
to the extent of such conflict, hereby
repealed~ and this Resolution shall be in
full force and effect immediately upon
its adoption.
Adopted and approved this 7th day of
October, 1985.
City of Dubuque, Iowa
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, Hammei, Kfuesner,
Kronfeldt, Manning, Steckis.
Nays--None.
Petition of Suzanne M. Fritz re-
questing to address the Council regar-
516
Regular Session, October 7, 1985
ding denial of their request for a bonfire
permit for Loras' Homecoming, AND
Petition of Wablart High School Booster
club and Student Senate requesting per-
mission to have a bonfire in connection
with their Homecoming activities on the
evening of Thursday, Oct. 24, 1985,
presented and read. Ms. Fritz spoke to
the petition. Council Member Kronfeldt
moved that the petitions be received and
filed and bonfire request approved with
stipniations as stated m the City Mgr.
10-2-85 letter plus actual costs incurred
ff fire equipment is used. Seconded by
Council Member Khiesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager pro-
riding staff comments and a recommen-
dation on the request from Wahlert
High School to conduct a bonfire in con-
nection with their Homecoming on Oc-
tober 24, 1985, AND Communication
from Rfc Jones relevant to tl~s matter,
presented and read. Council Member
Kronfeldt moved that the communica-
tions be received and filed. Seconded by
council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackls.
Nays--None.
Communication of P~andall Nigg, on
behalf of the Dubuque Racing Assn., re-
questing the Council to consent to a
Security Agreement between the Racing
Assn. and the Durrant Group AND to
au assignment of a portion of the Lease
between the City and the Dubuque Rac-
lng Assn· AND Communication of Ci-
ty Manager recommending Mayor be
authorized to execute the Consent
Agreement between the City and the
Dubuque Racing Assn., presented and
read. Council Member Kronfeldt moved
that the communications be received
and filed and approved authorization for
Mayor to execute documents. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager re-
questing approval of a Project Agree-
ment with the Iowa Dept. of Transpor-
tation, presented and read. Council
Member Hammel moved that the com-
municatinn be received and filed.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Ksenfeldt, Manning, Stackis.
· Nays--None.
RESOLUTION NO. 323-85
APPROVAL OF PROJECT AGREE-
MENT WITH THE IOWA DEPART-
~IENT OF TRANSPORTATION FOR
FUNDING OF THE ROCKDALE
ROAD BRIDGE
WHEREAS, the FY 1986-1990
Capital Improvement Program provides
for construction of the Rockdale Road
Bridge in Fiscal Year 1986 at a total cost
of $1,348,642 and;
· WHEREAS, the plans and specifica-
tions for the construction of this facili-
ty have been finalized and submitted to
the Iowa Department of Transportation
and the Federal Highway Administra-
tion for approval; and
WHEREAS, the scheduled bid letting
date for this project is November 5,
1985; and
WHEREAS, the Iowa Department ni
Transportation has submitted a project
agreement 85-F-068 providing for use of
$675,298 of Bridge Replacement monies,
and $236,049 of Federal Aid to Urban
System Funds.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the project agree-
ment 85-F-068 is hereby approved.
Section 2. That the Mayor be
authorized and directed to execute agre~
ment 85-F-068 with the Iowa Depart-
ment of Transportation and that two
copies of this agreement be forwarded
to the Iowa Department of Transporta-
tion for their execution.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
Regular Session,___~October 7, 1985
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.
Connnunication of City Manager re-
questing approval of an Agreement with
the Illinois Central Gulf Raiiroad Com-
pany, presented and read· Council
Member Hammel 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, Hammel, Kluesner,
Kronfeldt, Manning. Stackis.
Nays--None.
RESOLUTION NO. 324-85
RESOLUTION APPROVING THE
AGREEMENT WITH THE ILLINOIS
CENTRAL RAILROAD FOR AN
EASEMENT FOR THE ROCKDALE
ROAD BRIDGE
WHEREAS, plans are to proceed
with the construction of the Rockdale
Road Bridge with acceptance of bids on
November 5, 1985; and
WHEREAS, plans and specifications
for this facility have been completed and
have been submitted to the r~lroad for
their review; and
WHEREAS, the Rockdale Road
Bridge passes over property owned by
the railroad and it will be necessary for
the City to secure an easement from the
railroad for the construction of the
bridge; and
WHEREAS, conditions are identified
in the agreement that the City must in-
demnify the railroad for all matters
associated with construction activities
on or above their property, and the
operation of the bridge across their prc~
petty; and
WHEREAS, the City is agreeing to
reimburse the railroad for the relocation
of signal system in the area of the con-
517
struction of the Rockdale Road bridge
at an estimated cost of $8,450.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque. Iowa:
Section 1. Thor the agreement with
the Illinois Central Railroad Company
dated October 7, 1985 is hereby
approved.
Section 2. ThattheMayorishereby
authorized and directed to execute
copies of this agreement with the Illinois
Central Railroad Company.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded by
Council Member Delch. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitring Ordinance regarding the traffic
control for the Northwest Arterial bet-
ween Pennsylvania Avenue and Asbury
Road, presented and read. Council
Member Kluesner 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, Hammel, Khiesner,
Kronfeldt, Manning, Stackls.
Nays--None.
ORDINANCE NO. 67-85
AN ORDINANCE DEDICATING
THE PROPERTIES ACQUIRED FOR
THE NORTHWEST ARTERIAL
BETWEEN HIGHWAY 20 AND
ASBURY ROAD AS PUBLIC RIGHT-
OF-WAY AND NAMING SAID
RIGHT-OF-WAY AS THE NOR-
THWEST ARTERIAL, presented and
read. Council Member Kluesner moved
that the reading just had be considered
the first reading of the Ordinance.
518
Regular Session, October 7, 1985
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Hummel, Kinesner,
Kronfaldt, Manning, Staakis.
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 Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, HammeL Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None·
ORDINANCE NO. 67-85
AN ORDINANCE DEDICATING
THE pROPERTIES ACQUIRED
FOR THE NORTHWEST ARTE-
RIAL BETWEEN HIGHWAY 20
AND ASBURY ROAD AS PUBLIC
RIGHT- OF-WAY AS THE NORTH-
WEST ARTERIAL
NOW THEREFORE, BE IT
ORDAINED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the following proper-'
ties which were acquired by the City
for tl~e construction of the Northwest
Arterial be dedicated as pubhc right-
of-way:
Lot 1 of 3 of the NE¼ of the NE¼ of
Section 20, T89N, R2E;
Lot 1 of the SE¼ of the NE¼ of Sec-
tion 20, T89N, R2E;
Lot 1 of 1 of the NE¼ of the SE¼ of
Section 20, T89N, R2E;
Lot 2 of 2 of the NE¼ of the SE¼ of
Section 20, T89N, R2E;
Lot 2 of 1 of the SE¼ of the SE¼ of
Section 20, T89N, R2E;
Lot 3 of I of 2 of A.C. Pfohl Place;
Lot 2 of I-A of Subdivision of Lot A in
Embassy West Subdivision;
Lot G in Embassy West Subdivision;
Lot 2 of 2-A of the Subdivision of Lot
A of Embassy West Subdivision;
Lot 2 of 1 of 3 in Byrne's Subdivi-
sion;
Lot 2 of 2 of the SWV4 of the NW% of
Section 28, T89N, R2E;
Lot 2 of 2 of the NW% of the SW¼ of
Section 28, T89N, R2E;
Lot 2 of I of the NW¼ of the SW¼ of
Section 28, T89N, R2E;
Lot 2 of 2 of the Subdivision of Lot 1
of the SW¼ of the SW% of Section 28,
F89N, R2E,
2ofl of 1 of I of 1 of 2ofTheo-
dore Konzen Place.
Section 2. That the right-of-way be
· and the same is hereby named as the
Northwest Arterial.
Section 3. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this ordi-
nance in the offices of the County
Recorder and County Auditor of
Dubuque County, Iowa.
pas~d, Approved, and Adopted this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this llth day of
October, 1985. Mary A. Davis
City Clerk
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Dalch. Carried by the
following vote!
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kinesner,
Kronfaldt, Manning, Stackis,
Nays--None·
ORDINANCE NO. 68-85
~-N ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY AD-
DING THE NORTHWEST
ARTERIAL TO SUBSECTION (b) OF
SECTION 25-210 THEREOF pRO-
VIDING FOR THE REDESIGNA-
~N OF STOP SIGNS AT THE IN-
TERSECTION OF THE NOR-
THWEST ARTERIAL AND PENN-
SYLVANIA AVENUE AND
DESIGNATION OF STOP SIGNS AT
THE iNTERSECTION OF THE NOR-
THWEST ARTERIAL AND ASBURY
ROAD, presented and read. Council
Member Kluesner moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Kronfaldt, Manning, Stackis.
Regular Session, October 7, 1985 519
Nays--None. ---------~Mary A. Davis
· ha City C erk
Council Member Kluesner moved that ] Ci~Yubhshed officially in the Telegraph
the rule requiring an Ordinance t~ be [ Herald newspaper this llth day of
nresented and read at two._m_,ee_t_i~n~g.sI Octobe~,l~5.
~ in when final action Mary A. Davis
prior to the meet g .... City Clerk
is taken, be dispensed w~th. Seconaea oy
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Staakis.
Nays--None.
ORDINANCE NO. 68-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
Al)DING THE NORTHWEST
ARTERIAL TO SUBSECTION (b)
OF SECTION 25-210 THEREOF
PROVIDING FOR THE REDESIG-
NATION OF STOP SIGNS AT THE
INTERSECTION OF THE NORTH-
WEST ARTERIAL AND PENNSYL-
VANIA AVENUE AND
DESIGNATION OF STOP SIGNS
AT THE INTERSECTION OF THE
NORTHWEST ARTERIAL AND
ASBURY ROAD
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
C1L OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of tbe City of Dubuque, Iowa
be amende~t by adding the Northwest
Arterial to Subsection Ih) of Section
25-210 thereof as follows:
"Sec. 25~210. Step Intersections.
(b)
* EASTBOUND AND WESTBOUND
Northwest Arterial and Pennsylvania
Avenue
NORTHBOUND
Nortbwest Arterial and Asbury Road"
Section 2. That the Code of Ordi-
nances of thc City of Dubuque, Iowa
be amended by deleting the Northwest
Arterial fl'om Subsection (b) of Sec-
tion 25-210 thereof as follows:
"Sec. 25-210. Step Intersections.
(b)
NORTHBOUND
Northwest Arterial at Pennsylvania
Avenue"
Passed, approved and adopted this
7th day October, 1985.
James E. Brady
Mayor
ATTEST:
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Harnmel, Kinesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 69-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY AD-
DING THE NORTHWEST
TO SUBSECTION (c) OF
SECTION 25-220 THEREOF PRO-
VIDING FOR THE ESTABLISH'
MENT OF A FORTY-FIVE (45)
MILES PER HOUR SPEED LIMIT
ON THE NORTHWEST ARTERIAL,
presented and read. Council Member
Kinesner moved that the reading just
had be considered the first reading of the
Ordinance. Seconded by Council
Member Deich. Carried by the following
vote:
Yeas--Mayor Brady, Council
Members Ddich, Itammel, 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
Cour~cil Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
, Manning, Staakis.
Nays--None.
ORDINANCE NO. 69-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ADDING THE NORTHWEST
ARTERIAL TO SUBSECTION (c)
OF SECTION 25-220 THEREOF
520 Regular Session, October 7, 1985
pROVIDING FOR THE ~ldt, Manning, Stackis.
LISHMENT OF A FORTY-FIVE ~
(45) MILES PER HOUR SPEED [ Nays--None.
LIMIT ON THE NORTHWEST CouncilMember Klueanar movedthat
ARTERIAL
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 adding the Northwest
Arterial to Subsection (c) of Section
220 thereof as follows:
"Sec. 25-220. Limits Generally.
(c) , , .
FORTY-FIVE (45)
MILES PER HOUR
Northwest Arterial, U.S. Highway 20
to Asbury Road"
passed, approved and adopted this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
October, 1985. Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Ordinance. Seconded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 70-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY AD-
DING THE NORTHWEST
ARTERIAL TO SUBSECTION (d) OF
SECTION 25-257 THEREOF PRO-
VIDING FOR THE PROHIBITING
OF pARKING ON THE NOR-
THWEST ARTERIAL, presented and
read. Council Member Kinesner moved
that the reading just had be considered
the first reading of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Harnmel, Kluesner,
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
[ Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ORDINANCE NO. 70-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ADDING THE NORTHWEST
ARTERIAL TO SUBSECTION (d)
OF SECTION 25-257 THEREOF
PROVIDING FOR THE PROHIB-
ITING OF pARKING ON THE
NORTHWEST ARTERIAL
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 adding the Northwest
Arterial to Subsection (d) of Section
thereof as follows:
Sec. 25-257. Prohibited or Desig-
nated Streets or Portions Thereof.
(d) No - parking - at - any - time zones
designated
Arterial, both sides, from
U.S. Highway 20 to Asbury Road"
passed, approved and adopted tins
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
October, 1985. Mary A. Davis
City Clerk
Council Member Kluesnar moved final
adoption of the Ordinance. Seconded by
Council Member Dalch. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kranfeldt, Manning, Stackis.
Regular Session, October 7, 1985
Nays--None.
Communication of City Manager
recommending approval of a Loan
Agreement with Dubuque In-Futoro,
Inc. in the amount of $100,000 for Loan
Guarantee Security to 3D Company
{Market Place), presented and read.
Council Member Kranfeldt moved that
the communication be received and fil-
ed. Seconded by Council Member
Stackis. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Klueener, Kronfeldt,
Manning, Stackis.
Nays--Council Member Hammel.
RESOLUTION NO. 325-85
RESOLUTION APPROVING A LOAN
AGREEMENT WITH DUBUQUE IN-
FUTURe, INC. IN THE AMOUNT OF
$100,000 FOR LOAN GUARANTEE
SECURITY TO 3D COMPANY AND
AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE TIlE
AGREEMENT ON BEHALF OF THE
CITY OF DUBUQUE.
WHEREAS, the City of Dubuque and
Dubuque In-Future, Inc. are jointly sup-
porting a project to acquire, renovate
and reuse vacant commercial property
in downtown Dubuque; and
WHEREAS, Dubuque In-Future,
Inc. has requested that the City of
Dubuque lend to Dubuque In-Future,
Inc. funds in the amount of $100,000 to
be used as loan guarantee security for
the project; and
WHEREAS, a loan agreement and ac-
companying promissory note have been
executed by Dubuque In-Future, Inc.
and the same are attached hereto and by
this reference made a part herof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council of
the City of Dubuque, Iowa, hereby ap-
proves the loan agreement and pro-
missory note hereto attached providing
for the loan of $100,000 tq Dubuque In-
Future, Inc. according to terms specified
therein.
Section 2. That the Mayor and the
City Clerk be and they are hereby
authorized and directed to endorse the
521
acceptance of the City of Dubuque, Iowa
upon said loan agreement.
Passed, approved and adopted this
7th day of October, 1985.
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Kranfeldt moved
adoption of the Resolution. Seconded by
Council Member St ackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
~Iembers Deich, Kluesner, Kronfeldt,
Manning, Stackis.
Nays--Council Member Hammel.
Petition of Dubuque Citizens for Com-
munity Improvement submitting two
for Council consideration,
presented and read. Council Member
Hammel moved that the petition be
received and filed. Seconded by Council
Member Ddich. Carried,by the following
vote:
Yeas--Mayor Brady, Council
Members Dalch, Harnmel, Kluesner.
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 326-85
A resolution:
WHEREAS, the Iowa State Com-
merce Commission Staff and Nor-
thwestern Bell Telephone Company
have prepared a joint study of telephone
usage, cost, and revenue, in two
volumes, Valume I being public and
Volume II being confidential, and
WHEREAS, this study states that
local telephone service is priced $15 to
$20 below cost, and that residential
rates should be increased, and
WHEREAS, members of Dubuque
Citizens for Community Improvement
have sought release of the confidential
Volume II, and the Northwestern Bell
Telephone Company has sought a
district court injunction to block release
of Volume II, and
WHEREAS, Docket pRP-85-7 if im-
plemented would cause severe financial
hardship to many Dubuque residents,
522
Regular Session, October 7, 1985
and
WHEREAS, this report was prepared
by a public body and as such should be
a public document, and
WHEREAS, the public interest will
be best served by revelation of ail the
facts,
Therefore, be it resolved, that the
Dubuque City Council supports the
members of Dubuque Citizens for Com-
munlty Improvement in their efforts to
obtain release of Volume II of PRP-85-7
and urges the court to allow its release.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Secon~ded by
Council Member Deich. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 327-85
A resolution:
WHEREAS, there is great public in-
terest in Dubuque on the issue of
telephone costs and pricing as witness-
ed by the number of Dubuque residents
attending the two public meetings spon-
sored by Dubuque CCI on tins issue, 134
residents and 250 residents respective-
ly, and
WHEREAS, The Iowa State Com-
merce Commission Staff and the Nor-
thwestern Bell Telephone Company
have jointly prepared a comprehensive
study of telephone usage, cost and
revenue Docket PRP-85-7 winch alleges
that the cost of residential telephone se~
vice is $15 to $20 below the current
price, and that residential telephone
prices should be increased, and
WHEREAS, if the recommendations
of this report were enacted by the Iowa
State Commerce Commission many
Dubuque residents would suffer great
financial hardship and many would be
priced out of telephone service,
THEREFORE, BE IT RESOLVED,
that the Dubuque City Council supports
the Dubuque Citizens for Community
Improvement efforts to have the Iowa
State Commerce Commission hold a
public hearing in Dubuque on the
telephone cost issue, and calls on the
Iowa State Commerce Commission to
sponsor such a hearing in Dubuque.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammal moved
adoption of the Resaiutinn. Seconded by
Council Member Daich. Carried by the
fallowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Khiesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager re-
questing approval of plans for closing of
Brunswick Street from Peru Road to
Elbow Street, and authorizing the City
Manager to acquire contiguous proper-
ty and clear the respective sites,
presented and read. Council Member
Deich moved that the commurlcation be
received and filed. Seconded by Council
Member Stackis. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Deich, Hummel, Khiesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 328-85
RESOLUTION APPROVING PLANS
FOR CLOSING OF BRUNSWICK
STREET FROM PERU ROAD TO
STREET AND FOR AC-
QUISITION OF CONTIGIOUS
PROPERTIES
WHEREAS, Brunswick Street from
Peru Road to Elbow Street is an ex-
tremely narrow street with relatively
steep grade and does not have guar-
drails, and does not meet current City
standards; and
WHEREAS, the cost of reconstru-
Regular Session,
October 7, 1985
cting this road to current City standards
would be extremely expensive; and
WHEREAS, the property owners con-
tiguous to this street have requested
either an improvement of the street or
an acquisition of their properties; and
WHEREAS, it seems more cost effec~
tire to proceed with acquisition of the
adjoining properties, and clearing the
sites rather than reconstruction of the
street to current City standards.
NOW THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the appropriate legal
documents and plans be made for the
closing and vacating of Brunswick
Street from peru Road to Elbow Street.
Section 2. That the City Manager be
authorized to proceed with acquisition
of the adjoining properties and clearing
of the sites, the estimated cost of these
acquisitions and associated demolition
and clearing cost not to exceed $100,000.
Passed, approved and adopted this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Hummel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 329-85
BE IT RESOLVED, by the City
Council of the City of Dubuque. Iowa,
that the following having complied with
the provisions of law relating to the sale
of Cigarettes within the City of Dubu-
que, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
My-Cap Vendors. Inc.
James Webb 3093 Washington St.
My-Cap Vendors, Inc. CRco IOCO
1400 White St.
Mike McCann
John Richman-Bob Speigel
Avenue Top 1080 University Ave.
523
passed adopted and approved this 7th
day ~ctober, 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, Hummel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 330-85
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 ~c-
cupled by such applicants were m-
spotted 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 "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Eerie O. & Anthony A. nelling
Dodge House Motel & Restaurant 701 Dodge St.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Elaine Kelly
Coach house Highway 20 West
Eagle Point Tavern, Ltd. (Also Sunday Sales)
Windsor Tap 2401 Windsor Ave.
Eugene L, Kopp (Also Sunday Sales)
1641 Asbury Rd.
Murph's South End Tap 139 Locust St.
Judith M, Sandidge
The Pump 1301 Rhomberg Ave.
American Legion Post $ (Sunday Sales Only)
1306 Delhi St.
Tummy A. Edens & Pamela L, Knourek
Sales Only)
Olde German Bank 342 Main St.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
524
Regular Session October 7, 1985
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, Hummel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 331-85
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 appficants 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.
CLAES "B" BEER PERMIT
T.L Investments, Inc. (Also Sunday Sales)
Godfather's Pizza 1575 J.F, Kennedy
J. & P O'Hara, Inc. (Also Sunday Sales~
Happy Joe's Pizza Parlor 855 Century Drive
CLASS "C" DEER PERMIT
Robert J. Breitbach (Also eunday Sales)
Oky Doky ~9 51 West 32nd St.
Kopple's Market, Inc. (Also Sunday Sales)
Kopple's Grocery 1098 University
FDL Foods, Inc.
Retail Market 701 E. 16th St.
Transport eales, Co, (Also Sunday Sales)
The Oil Depot 1975 Dodge St.
Passed, adopted and approved this
7th day of October, 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, Hummel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 9-10 & 9-13; Cable TV
Regulatory of 9-11; Carnegie Stout
Public Library Board oI Trustees of
9-17; Electrical Examining Bd. of 9-9;
Five Flags Comm. of 8-26; Historic
Preservation Comm. of 9-10 & 9-24;
Housing Comm. of 9-17; Human Rights
Comm. of 9-9; Park & Recreation Comm.
of 9-10; Transit Bd.of 9-12; Transit Bd.
Earnings Statement and Statistics for
month of August, 1985; Civil Service
Comm. of 8-6, 9-4 & 9-6, presented and
read. Council Member Manning moved
that the minutes be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kinesner,
Kronfeldt, Manning, Stackis.
Nays--None.
NOTICES OF CLAIMS AND
SUITS: Jeffrey Anderson in amount of
$100.000 for personal injuries; Daniel &
Deborah Carroll in amount of $350.36
for car damages; Edward Jenni in
amount of $326 for property damages;
Bill & Darlene Mauss in amount of
$62.88 for backed-up sewer damages;
Walter J. Burke in amount of $100 for
car damages, 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 Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of Corporation
Counsel advising of decision regarding
suit of City of Dubuque vs. Iowa State
Racing Commission, presented and read.
Council Member Manning moved that
the communication be received and fil-
ed. Seconded by Council Member
Khiesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Regular Session, October 7, 1985
525
Communication of Corporation
Counsel recommending settlement of
property damage claim of Kennedy
Aquarium in the amount of $32; Per-
sonalinjury claim of Karen Oberbroeckl-
lng in the amount of $3500, presented
and read. Council Member Manning
moved that the communications be
received and filed and settlements ap-
proved with Finance Director to issue
the proper checks. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communications of Corporation
Counsel recommending closure of sewer
back-up claim of Thomas Bualow, Sewer
problem of Joseph Erschen; Sewer back-
up claim of Mike Hubbs; Property
damage claim of Iowa Dept. of Revenue;
Property damage claim of Charles
Isenhart; Water in basement claim of
Kurt Cable; Property damage claim of
Jeff Haney; Recommending denial of
property damage claim of Robert and
Becky Hauman; Denial of personal in-
jury claim of Bertha Langman; Denial
of personal injury claim of Eunice
Lightcap; Denial of sewer backup claim
of Mr. and Mrs. Harold Noesges; Denial
of personal injury claim of Michael Allan
Wild, presented and read. Council
Member Manning moved that the com-
munications be received and filed and
denials and closures approved. Second-
ed by Council Member Kluesner. Carried
by the fallowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldtl Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitring Financial Reports for the month
of August, 1985; Proof of publication,
certified to by the Publisher, on List of
Claims paid for month of August, 1985,
presented and read. Council Member
Manning moved that the communica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackls.
Nays--None.
ProoI of publication, certified to by the
Publisher, on Notice of Filing of the
Final Plat and Schedule of Assessments
against benefited properties for the con-
struction of the Walker Oneida Sanitary
Sewer within the City of Dubuque, Iowa
AND Certificate of City Clerk stating
notices of final levy for construction of
Walker-Oneida Sanitary Sewer were
sent by certified mail on September 10,
1985, presented and read. Council
Member Manning moved that the pro-
of and certificate be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Kronfeldt, Manning, Steckis.
Nays--None.
Communication of F.M. Hellert sub-
mitting comments regarding the selec-
tion process for filling Board and/or
Commission vacancies, presented and
read. Council Member Manning moved
that the communication be received and
filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Kronfeldt, Manning, Steckis.
Nays--None.
Petition of Jack C. Jones requesting
permission to excavate in street for 411
Hill St. to repair sewer problems,
presented and read. Council Member
Manning moved that the petition be
received and filed and request approv-
ed. Seconded by Counail Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady. Council
Members Daich, Hummel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
REFUNDS REQUESTED: Church of
the Nativity, $225 on unexpired Beer
Permit; Harry Shetler $211.25 on unex-
pired Liquor License; Dave Benton, $75
on unexpired Cigarette License; Gary
germain $75 on unexpired Cigarette
License; Judy O'Connell, $75 on unex-
fired Cigarette License; Clara Johnson
$75 on unexpired Cigarette License,
526
Regular Session, October 7, 1985
presented and read. Council Member
Manning moved that the refunds be ap-
proved and Finance Director to issue the
proper cheeks. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Petition of Bill Herrig, Dept. of
rectlonal Services, requesting restricted
parking in front of the Correctional Ser-
vices Correctional Facility at 1494 Elm
Street, presented and read. Council
Member Manning moved that the mat-
ter be referred to the City Manager and
Staff. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hummel, Khiesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Clerk re-
questing permission to transfer original
City Council and Civil Service Commis-
sion documents for years 1942 through
1974 inclusive to Wahlert Library at
Loras College, presented and read. Coun-
cil Member Manning moved that the
communication be received and fried and
request approved. Seconded by Council
Member Kluesner. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Khiesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of Department of
Water, Air & Waste Management advis-
ing of issuance of permit for the con-
structinn of 655.84 feet of 8 inch
sanitary sewer and appurtenances, Iowa
Oil Co. and Ralph Digman at Center
Grove (Center Grove Properties),
presented and read. Council Member
Manning moved that the communica-
tion and notification be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitting Supplement No. 25 to the Code
of Ordinances, presented and read.
Council Member Manning moved that
the communication be received and fil-
ed. Seconded by Council Member
Klueaner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members D~eich, Hummel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 332-85
L25TO
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
WHEREAS, under date of November
16, 1981 the City Council, pursuant to
Ordinance 63-81, readopted the Code of
Ordinances of the City of Dubuque,
Iowa for ordinances adopted up to and
including March 10, 1981; and
WHEREAS, since March 10, 1981 the
City Council of the City of Dubuque,
Iowa, has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
supplements to the Code of Ordinances;
and
WHEREAS, Section 380.8 of the
Code of Iowa provides that sup-
plements, by resolution, become part of
the Code of Ordinances.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That Supplement No. 25
to the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Dubuque, Iowa, from March 18, 1985
through July 15, 1985 prepared by the
Municipal Code Corporation,
Tallahassee, Florida, hereto filed in the
Office of the City Clerk of the City of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Iowa.
Passed, approved and adopted this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
Regular Session, October 7, 1985
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kinesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Stockis.
Nays--None.
Communication of Corporation
Counsel recommending he be authoriz-
ed to execute a Release on behalf of the
City regarding a suit filed for damages
arising out of a motor vehicle accident,
presented and read. Council Member
Manning moved that the communica-
tion be received and filed and approved
authority to execute. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deicb, Hummel, Kluesner,
Kronfeldt, Manning, Stackis,
Nays--None.
October 1, 1985
Honorable Mayor and
Members of the City Council
Per a request received from the City
Manager and in accordance with the pro-
visions of Chapter 400 of the 1985 Code
of Iowa, the Civil Service Commission
conducted Promotional Examinations
on September 12, 1985 for members of
the Police Department for the position
of Assistant Police Chief.
We hereby certify that the following
members of the police Department have
passed the written promotional ex-
aminatinn with a score of 71 or better.
Paul J. Feller Terrance Lambert
William J. Gravatt Mark H. Kisting
John D. Stevens
The appointment of Assistant Police
Chief should be made from the above
llst.
Respectfully submitted,
Gerald J. Koppes
Chairperson
Dolores A. Reihle
John E. Hess
Civil Service Commission
ATTEST:
527
Mary A. Davis
City Clerk
Council Member Manr~g moved that
the above certification by the Civil Ser-
vice Commission be made a matter of
record. Seconded by Council Member
Khiesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of City Manager sub-
mitting report on Budget Input meeting
held on September 28, 1985, presented
and read. Council Member Manning
moved that the communication be
received and filed. Seconded by Council
Member Kluesner. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hummel, Kinesner,
Kronfeldt, Manning, Stockis.
Nays--None.
Communication of Planning & Zoning
Conu~ssinn approving finai plat of pro-
perty located in "Tschiggfrie Commer-
cial'' located north of Highway 20 and
east of the Northwest Arterial
presented and read. Council Member
Manning moved that the co~nmunica-
tion be received and filed. Seconded by
Council Member Kluesner, Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammal, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
RESOLUTION NO. 333-85
RESOLUTION APPROVING THE
FINAL PLAT OF LOT 1, LOT 2, LOT
3, LOT 4 AND LOT 5 OF BLOCK 1 OF
"TSCHIGGFRIE COMMERCIAL" IN
TIlE CITY OF DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of Lot 1, Lot
2, Lot 3, Lot 4 and Lot 5 of Block 1 of
"Tschiggfrie Commercial" in the City of
Dubuque, Iowa; and
WHEREAS, upon said final plat ap-
pear streets to be known as Tschiggfrie
Drive, together witb certain public utiil-
ty easements which the Owners by said
528
Regular Session, October 7, 1985
plat have dedicated to the public forever;
and
WHEREAS, said final plat has been
examined by the City Planning and Zon-
ing Commission and had its approval
thereon; and
WHEREAS, said final phit has been
examined by the City Council and they
find that the same conforms to statutes
and ordinances relating thereto, except
that an appropriate barrier and a tem-
porary turn-around, meeting City
Engineer approval, be placed on the
west end of Tschlggfrle Drive;
NOW THEREFORE, BE 'IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedications of
Tschiggfrie Drive together with the
easements for public utilities as the
same appear upon said final plat, be and
the same are hereby accepted;
Section 2. That the final plat of Lot
1, Lot 2, Lot 3, Lot 4 and Lot 5 of Block
i of "Tschiggfrie Commercial" be and
the same is hereby approved and the
Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said plat, provided the owners of
said property herein named, execute
their written acceptance hereto attach-
ed agreeing;
a. To reduce all street to grade and to
construct concrete curb and gutter and
to hard surface Tschiggfrie Drive with
bituminous concrete, or with concrete
paving with integral curb, all in aco~
dance with City of Dubuque standard
specifications; b. To install sanitary
sewer mains and sewer service laterals
in accordance with plans submitted with
the plat; c. To install water mains and
water service laterals in accordance with
plans submitted with the plat; d. To in-
stall storm sewers and catchbaslns in ac-
cordance with plans submitted with the
plat; e. To construct the foregoing im-
provements in accordance with plans
and specifications approved by the Ci-
ty Manager, under the inspection of the
City Engineer, and in a manner approv-
ed by the City Manager; f To maintain
the foregoing improvements for a period
of four (4) years from the date of their
acceptance by the City of Dubuque,
Iowa; g. To provide the foregoing con-
struction and maintenance at the sole
expense of the subdivider Ed and Joan
7%chiggfrie as owners;
And further provided that said Ed and
Joan Tschiggfrie, as owners of said Sub.
division, secure the performance of the
foregoing conditions by providing
security in such form and with such
sureties as may be acceptable to the Ci-
ty Manager.
Section 3. That in the event the owner
shall fail to execute the acceptance and
the security provided for in Sec-
tion 2 hereof within forty-five (45) days
after the date of this Eesolution, the pro-
visions hereof shall be null and void and
the acceptance of the dedication and ap-
proval of the plat shall not be effective.
Passed, adopted, and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE
OF RESOLUTION NO. 333-85
We, the undersigned Ed Tschiggfrie
and Joan Tschiggfrie having read the
terms and conditions of the foregoing
Resolution No. 333-85 m~d being familiar
with the condition thereof, hereby accept
the same and agree to the conditions re-
quired therein.
Dated at Dubuque, Iowa this 16th day
of October, 1985.
By Ed Tschiggfrie
By Joan Tschlggfrie
To:
Mary A. Davis
City Clerk
This is to certify that the security pro-
vided by the foregoing Resolution No.
333-85 has been furnished by the
owners.
Dated at Dubuque, Iowa this 18th day
1985.
W. Kenneth Gearhart
City Manager
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote;
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Regular Session, October 7, 1985
529
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of planning and Zon-
ing Commission approving final plat of
property in Becker Subdivision north of
Kaufmann Ave. and south of Becket
Court, presented and read. Council
Member Manning moved that the com-
munication be received and filed.
Seconded by Council Member Khiesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfaldt, Manning, Stackis.
Nays--None.
RESOLUTION 334-85
A Resolution Approving the Final
Plat of Subdivision of Lot 2-2 of
Mineral Lot 370 and The Subdivision of
Lot 2 of Becket Subdivision In The Ci-
ty of Dubuque, Iowa.
WHEREAS, there has been filed with
the City Clerk a final plat of the Subdivi-
sion of Lot 2-2 of Mineral Lot 370 and
the Subdivision of Lot 2 of Becket Sub-
division in the City of Dubuque, Iowa;
and
WHEREAS, said final plat has been
examined by the City of Dubuque Plan-
ning and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council, and the
City Council finds that the same con-
forms to statutes and ordinances
relating thereto
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the final plat of the
Subdivision of Lot 2-2 of Mineral Lo t 370
and the Subdivision of Lot 2 of Becker
Subdivision in the City of Dubuque,
Iowa, be and the same is hereby approv-
ed, and the Mayor and City Council are
hereby authorized and directed to en-
dorse the approval of the City of Dubu-
que, Iowa, upon said final plat.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
qTTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the fallowing vote:
Yeas--Mayor Brady, Council
Members Daieh, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of Iowa DOT advis-
ing of reviewing the programming of
and federal funds available for
maintenance, repair, and rebuilding the
primary roads and bridges and re-
questing comments about needs in the
area be furnished, presented and read.
Council Member Manning moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. 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 Contract
C-7 with Continental Sprinkler Co, for
Dubuque Racing Facility, presented and
read. Council Member Manning moved
;hat the communication be received and
filed. Seconded by Council Member
Khiesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 335-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT C-7 FIRE SPRINKLER
bas been completed and the City
Mmmger has examined the work and fil-
ed Iris certification stating that the same
has been completed according to the
terms of the contract, plans and
specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the
530
Regular Session October 7, 1985
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 the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning 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, Steckls.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 336-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT C-7 FIRE SPRINKLER
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
cluding 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 l. That the cost of said im-
provement is hereby determined to be
$45,363.00 and that said amount shall be
paid from the General Obligation Fund
of the City of Dubuque, [ow~
Passed, adopted and approved this 7th
day of October, 1985.
.lames E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Besolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager
recommending acceptance and final
estimate of Contract C-Z1 Plumbing
Systems for the Dubuque Dog Racing
Facility, presented and read. Council
Member Manning moved that the com-
~unication be received and filed.
Seconded by Council Member Kluesnen
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 337-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT C-7.1 PLUMBING
SYSTEMS has been completed and the
City Manager has examined the work
~nd filed his certification stating that
the same has been completed according
to the terms of the contract, plans and
specifications and recommends its
NOW, TttEREFORE, 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 the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
Regular Session, October 7, 1985
531
adoption of the Resolution. Seconded by
Council Member Khiesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 338-81
WHEREAS, the contract ior the
DUBUQUE RACING FACILITY
CONTRACT C-7.1 PLUMBING
SYSTEMS has been completed and the
City Engineer has submitted his final
estimate showing the cosst ,hereof in-
cluding the cost of estlmat~ s, notices
and inspection and all misceilaneous
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
$201,442.20 and that said amount shall
be paid from the Gereral Obligation
Fund of the City of Dubuque, Iowa.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager
recommending a~ceptance of Contract
C-8, Electrical Systems for the Dubuque
Dog Racing Facility, presented and
read. Council Member Manning moved
that the communication be received and
filed. Seconded by Council Member
Khiesner. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 339-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT C-8 ELECTRICAL
SYSTEMS has been completed and the
City Manager has examined the work
and filed his certification stating that
the same has been completed according
to the ~erms 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 same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resohitibn. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Couhcil
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis,
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 340-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT C-8 ELECTRICAL
SYSTEMS has been completed and the
City Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT
532
Regular Session October 7, 1985
RESOLVED, by the City Council of the
City of Dubuquo, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
$558,66Z27 and that said amount shall
be paid from the General Obligation
Fund of the City of Dubuque, lowa.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning 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.
Communication of City Manager
recommending acceptance of Contract
D-15 for the installation of Stadium
Chair Seating at the Dubuque Dog Rac-
ing Facility, presented and read. Coun-
cil Member Manning moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deicb, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 341-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT D-15 STADIUM CHAIR
SEATING has been completed and the
City Manager has examined the work
and filed his certification stating that
the same has been completed according
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 same is hereby accepted.
BE IT FURTHER RESOLVED that
~he City Treasurer be and he is hereby
directed to pay the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resalut~on. Seconded by
Council Member Khiesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 342-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT D-15 STADIUM CHAIR
SEATING has been completed and the
City Engineer has submitted his final
estimate showing the cost thereof in-
cluding 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
$30,188.50 and that said amount shall be
~aid from the General Obligation Fund
of the City of Dubuque, Iowa.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Regular Session, October 7, 1985
533
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackls.
Nays--None.
Communication of City Manager
recommending acceptance of Contract
E-17 for the installation of floor finishes,
presented and read. Council Member
Manning moved that the communica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 343-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT E-17 FLOOR FINISHES
has been completed and the City
Manager has exan~ined the work and fil-
ed his certification stating that the same
has been completed according to the
terms of the contract, plans and
specifications and recommends its
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 the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the fallowing vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 344-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT E~17 FLOOR FINISHES
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
cluding 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
$52,991.87 and that said amount shall be
~aid from the General Obligation Fund
of the City of Dubuque, Iowa.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning 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.
Com~nunication of City Manager
recommending acceptance of Contract
E-18 for installation of Ceramic Tile in
;he Grandstand Building of the Dubu-
que Racing Facility, presented and read.
Council Member Manning moved that
the communication be received and fil-
ed, Seconded by Council Member
Kinesner. Carried by the following vote:
Yes~--May0r Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
534
Regular Session, October 7, 1985
RESOLUTION NO. 345-85
WHEREAS, the contract Ior the
DUBUQUE RACING FACILITY
CONTRACT E-18 CERAMIC TILE
INSTALLATION has been completed
and the City Manager has examined the
work and filed his certification stating
that the same has been completed accor-
ding to the terms of the contract, plans
and specifications and recommends
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 the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolutlon. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 346-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT E-18 CERAMIC TILE
INSTALLATION has been completed
and the City Engineer has submitted ids
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 ira-
provement is hereby determined to be
$30,886.00 and that said amount shall be
paid from the General Obligation Fund
of the City of Dubuque, Iowa.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammai. Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager
recommending acceptance of Contract
B-4 Site Work at Dog Racing Facility,
presented and read. Council Member
Manning moved that the communica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Councll
Members Dalch, Hammel, Kluesnerl
Kronfaldt, Manning, Stackls.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 347-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT B-4 SITE WORK has been
completed and the City Manager has ex-
amined the work and filed his certifica-
tion 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 Dubuqne, 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 the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
Regular Session, October 7, 1985
535
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clork
Council Member Manning 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.
FINAL ESTIMATE
RESOLUTION NO. 348-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT B-4 SITE WORK 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
$1,321,639,,70 and that said amount shall
be paid from the General Obligation
Fund of the City of Dubuque, lowc~
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of City Manager
recommending acceptance of Contract
B.4-1 Gravity Sewer MainLift Station
and Force Main for Dog Racing Facili-
ty, presented and read. CounCil Member
Manning moved that the communica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 349-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT B-4.1 OFF-SITE GRAVI-
TY MAIN, LIFT STATION & FORCE
MAIN has been completed and the Ci-
ty Manager has examined the work and
filed his certification stating that the
same has been completed according 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 same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay the contractor from the
General Obligation Fund in amount
equal to tbe amount of his contract, less
any retained percentage provided for
therein.
Passedl adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Stackis.
Nays None.
536
Regular Session October 7, 1985
FINAL ESTIMATE
RESOLUTION NO. 350-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT B-4.1 OFF-SITE GRAVI-
TY MAIN, LIFT STATION & FORCE
MAIN has been completed and the Ct-
ty Engineer has submitted his final
estimate showing the cost there-of in-
cluding 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
$387,275.39 and that said amount shall
be paid from the General Obligation
Fund of the City of Dubuque, Iowa.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Manning, Stackls.
Nays--None.
Communication of City Manager
recommending acceptance of Contract
C-7.2 HVAC Systems for Dog Racing
Facility, presented and read. Council
Member Manning moved that the com-
munication be received and filed.
Seconded by Council Member Khiesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 351-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT C-7.2 HVAC SYSTEMS
bas been completed and the City
Manager has examined the work and fil-
ed his certification stating that the same
has been completed according 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 same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
;he following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Klueaner,
Kronfeldt, Manning, Stackis.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 352-85
WHEREAS, the contract for the
, DUBUQUE RACING FACILITY
CONTRACT C-7.2 HVAC SYSTEMS
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
cluding 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
$579,283.31 and that said amount shall
be paid from the General Obligation
Fund of the City of Dubuque, Iowa.
Regular Session, October 7, 1985
537
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Khiesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Khiesner,
Kronfaldt, Manning, Stackis.
Nays--None.
Communication of City Manager
recommending acceptance of Contract
C-10 Interior Systems for Dog Racing
Facility, presented and read. Council
Member Manning moved that the com-
munication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deicb, Hammel, K1uesner,
Kronfaldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 353-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT C-10 INTERIOR
SYSTEMS has been completed and the
City Manager has examined the work
and filed his certification stating that
the same has been completed according
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 same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay the contractor from the
General Obligation Fund in amount
equal to the amount of his contxact, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Manning, Stackis.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 354-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT C-10 INTERIOR
SYSTEMS has been completed and the
City Engineer has submitted his final
estimate showing the cost thereof in-
cinding 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
$415,041.14 and that said amount shall
be paid from the General Obligation
Fund of the City of Dubuque, Iowa.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. 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 City Manager
recommending acceptance of Contract
D-13 Fencing for Dog Racing Facility,
538
Regular Session, October 7, 1985
presented and read. Council Member
Manning moved that the communica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 355-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT D-13 FENCING has been
completed and the City Manager has ex-
amined the work and filed his certifica-
tion 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 the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST;
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kinesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 356-85
WHEREAS, the contract for the
RACING FACILITY
CONTRACT D-13 FENCING has been
completed and the City Engineer has
submitted Iris 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
provement is hereby determined to be
$77,031.00 and that said amount shall be
~ald from the General Obligation Fund
of the City of Dubuque, Iowa.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
~.TTEST:
Mary A. Davis
City Clerk
Council Member Manning 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.
Communication of City Manager
,ecommending acceptance of Contract
E-16 Wail Finishes for Dog Racing
Facility, presented and read. Council
Member Manning moved that the com-
munication be received and filed.
Seconded by Council Member KEmsner.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 357-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT E-16 WALL FINISHES
has been completed and the City
Manager has examined the work and fil-
ed iris certification stating that the same
has been completed according to the
terms of the contract, plans and
I specifications and recommends its
Regular Session, October 7, 1985
539
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 the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kinesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfeldt, Manning, Stackis.
Nays--None~
FINAL ESTIMATE
RESOLUTION NO. 358-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT E-16 WALL FINISHES
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, notices
and inspection and ail 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
$38,452.00 and that said amount shall be
paid from the General Obligation Fund
of the City of Dubuque, Iowa.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Delch, Hammel, Kinesner,
Kronfeldt, Manning, Stackis.
Nays--None.
Communication of City Manager
acceptance of Contract
E-19 Signage for Dog Racing Facility,
and read. Council Member
Manning moved that the communica-
tion be received and filed. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
gPTING IMPROVEMENT
RESOLUTION NO. 359-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT E-19 SIGNAGE has been
completed and the City Manager has ex-
amined the work and filed his certifica-
tion 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 1T FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay the contractor from the
General Obligation Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
Passed, adopted and approved
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
this
540
Regular Session, October 7, 1985
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesnm
Kronfeldt, Manning, Stackls.
Nays--None.
FINAL ESTIMATE
RESOLUTION NO. 360-85
WHEREAS, the contract for the
DUBUQUE RACING FACILITY
CONTRACT E-19 SIGNAGE has been
completed and the City Engineer has
submitted his final estimate showing the
cost thereof inciudlng the cost of
esthnates, notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City CounciI of the
City of Dubuque, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
$4,852.00 and that said amount shall be
paid from the General Obligation Fund
of the City of Dubuque, Iowa.
Passed, adopted and approved this
7th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by
the fallowlng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning, Stackis.
Nays--None.
There being no further business, Coun-
cfi Member Manning moved to adjourn.
Seconded by Couuc'd Member Kluesner.
Carrled by the following vote:
Yeas--Mayor Brady, Council
Members Hammel, Kluesner, Kronfeldt,
Manning, Stackis.
Nays--Council Member Deich.
Meeting adjourned at 10:38 p.m.
Approved
Adopted
Mary A. Davis
City Clerk
_1986
__1986
Mayor
Council Members
ATTEST:
City Clerk
Special Session, October 21, 1985
541
CITY COUNCIL
OFFICIAL
Special Session, October 21, 1985.
Council met at 7:30 p.m. Public
Library Auditorium.
Present: Mayor Brady, Council
Members Delch, Hammel, Kluesner,
Kronfeldt, Stackis. City Manager W.
Kenneth Gearhart, Corporation Counsel
Barry A. Lindahl.
Absent: Council Member Manning.
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 HEAR-
lNG ON PLANS AND SPECIFICA-
TIONS FOR THE ROCKDALE ROAD
BRIDGE AND APPROACHES and
acting upon such other business which
may properly come before the Council.
INVOCATION was given by Rev.
Donald McKim of the University of
Dubuque Theological Seminary.
PROCLAMATIONS - Week of Oc-
tober 21-27 as "National Collegiate
Alcohol Awareness Week" received by
University of Dubuque and Lores Col-
lege representatives, Chris Ferguson
and Steve Krafcisin.
Proof of Publication, certified to by
the Publisher, on Notice of Public Hear-
ing on plans and specifications for the
Rockdale Road Bridge and Approaches,
presented and read.
Council Member Kluesner moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Stackls.
Nays--None.
Absent--Council Member Manning.
No written objectinns were received
and no oral objectors were present.
Council Member Hammci moved that
the proof of publication be received and
filed. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
RESOLUTION NO. 361-85
WHEREAS, on the 7th day of Oc-
tober, 1985, plans, specifications, form
of contract and estimated cost were fil-
ed with the City Clerk of Dubuque,
Iowa, for the Rockdale Road Bridge and
Approaches; 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
21st day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded by
Council Members Daich. Carried by the
fallowing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
Communication of Planning and Zon-
ing Commission approving rezoning re-
quest of Super 8 Builders for property
located at 2730 Dodge St., presented
and read. Council Member Kluesner
moved that the communication be
received and filed. Seconded by Council
Member Stackis. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
542
Special Session, October 21, 1985
Members Deich, Hammel, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
An ORDINANCE Amending the Zon-
ing Ordinance by reclassifying portion
of property located at 2730 Dodge
Street from P~i Single Family Residen-
tial District to C-3 Commercial District,
presented and read. Council Member
Kinesner moved that the reading just
had be considered the first reading of the
Ordinance. Seconded by Council
Member Stackis. Carried by the follow-
ins vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
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 Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kinesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
Council Member Kluesner moved that
a Public Hearing be held on the Or-
dinance on Nov. 4, 1985 at 7:30 p.m. in
the Public Library Auditorium and that
the City Clerk publish notice in the man-
ner prescribed by law. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Stackls.
Nays--None.
Absent--Council Member Manning.
RESOLUTION NO. 362-85
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that
the following having complied with the
of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
Eagle Point Associates, Inc. (My-Cap Vendors)
The Tollbridge Inn 2800 Rhomberg Ave.
Passed, adopted and approved this
21st day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member St ackiz. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Dalch, Hammel, Kinesner,
Stackls.
Nays--None.
4ember Manning.
RESOLUTION NO. 363-85
WHEREAS, Applications for Beer
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
NOW, THEREFORE, BE IT
~ESOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named applicants
a Beer Permit.
CLASS "B" BEER pERMIT
Janet Saberian (Also Sunday Sales)
1281 Dodge St.
James E. Brady
Special Session, October 21, 1985
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
RESOLUTION NO. 364-85
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 o.c-
cupied by such applicants were ~n-
spected and found to comply with the
State Law and all City Ordinances rele-
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 appli-
cant(s) a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
The Ground Round, Inc. (Also Sunday Sales)
Nelda L. Bennett (Also Sunday Sales)
The Old Shahs 1091 Main
New Harbor Development Co.(Also Sunday Sales)
Yardarm Eagle Point
Key City Bowling Lanes (Also Sunday Sales)
Imperial Lanes 3505 Stoneman
Passed, adopted and approved this
21st day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved edop-
tion of the Resolution, Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfeldt, Stackis.
Nays--None.
543
1 Member Manning.
AN ORDINANCE Authorizing
Jacobson's, Inc. to use public right-of-
way on 19th Street for parking needs of
Lucky Stores, Inc.. presented and read.
John Schulin of Jacobson's Inc. address-
ed the Council requesting favorable con-
sideration of the Ordinance. Council
Member Kronfaldt moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Deicb. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
Council Member Kronfeldt moved
the rule requiring an Ordinance to
be read at two meetings prior to the
meeting when final action is taken, be
dispensed with. Seconded by Council
Member Dalch. VOTE ON THE MO-
TION WAS AS FOLLOWS:
Yeas--Mayor Brady, Council
Deich, Hammel, Kronfeldt,
Stackis.
Nays--Council Member Kluesner.
Absent--Council Member Manning.
MOTION FILED DUE TO LACK
OF 3/4 VOTE REQUIRED.
Council Member Kronfaldt moved
that the reading just had be considered
the first reading of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Hammal, Kronfeldt,
Stackis.
Nays--Council Member Kluesner.
Absent--Council Member Manning.
AN ORDINANCE Amending the
Code of Ordinances prohibiting parking
on 19th Street {both sides) 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
544 Special Session October 21, 1985
Members Deich, Hammel, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
Printed Council Proceedings for the
month of July, 1985, presented for Coun-
cil approval. Council Member Deich
moved that the proceedings be approv-
ed as printed. Seconded by Council
Member Stackis. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
MINUTES SUBMITTED -- Airport
Commission of 9-20 & 10-2; Fire Retire-
ment Board of 10-4; Historic Preserva-
tion Commission of 10-8; Planning and
Zoning Commission of 10-2 & 9-25; Zon-
ing Board of Adjustment of 9,26; Public
Library's Statistical Report for August,
1985~ Dock Board of 10-1, presented and
read. Council Member Daich 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,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
Communications of Corporation
Counsel recommending settlements of
personal injury claim of Spencer Smith
in amount of $3,000; Personal injury
claim of Louis Hanson in amount of $57:
Property damage claim of Gerald J.
Fluhr in amount of $563.55, presented
and read. Council Member Deich mov-
ed that the communications be receiv-
ed and filed and settlements approved
with Finance Director to issue the pro-
per checks. Seconded by Council
Member Stackis. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfaldt, Stackis.
Nays--None.
Absent--Council Member Manning.
Communications of Corporation
Counsel recommending denials of: pro-
lerty damage claim of Daniel & Deborah
Carroil; Property damage claim of
Patrick T. Casey; Personal injury claim
of Clara Ann Culbertson; Property
damage claim of Jeffery T. Meyer; Per-
sonal injury claim of Lonny Pani; Per-
sonal injury claim of Ramona Routley,
presented and read. Council Member
Deich moved that the communications
be received and filed and denials approv-
ed. Seconded by Council Member
Stackis. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfaldt, Stackis.
Nays--None.
Absent--Council Member Manning.
NOTICES OF CLAIMS AND
SUITS: Anna Mae Conlon, in unknown
~mount for personal injuries; Lyle M.
Jackson in unknown amount for per-
sonal injuries; Johnson Bros. Wine Co.
in est. amount for $260.00 for truck
damages, presented and read. Council
Member Deich 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, Hammel, Kluesner,
Kronfeldt, Stackls.
Nays--None.
Absent--Council Member Manning.
REFUNDS REQUESTED: Robert L,
Duster, $150 on unexpired Beer Permit;
St. Colnmbkille~ s Church, $225 on unex-
pired Beer Permit; Mary Leu ]4amp
$211.25 on unexpired Liquor Licenses
and $75 on unexpired Cigarette License,
presented and read. Council Member
Deich moved that the refunds be ap-
proved and Finance Director to issue the
proper checks. Seconded by Council
Member Stackis. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kinesner,
Kronfeldt, Stackis.
Nays--None.
Special Session, October 21, 1985
Absent--Council Member Manning. ATTEST:
Communication of City Manager sub-
mitting Financial Reports for month of
September, 1985, presented and read.
Council Member Deich 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, Stackis.
Nays--None.
Absent--Council Member Manning.
Communication of Charles Oberembt
submitting resignation from Electrical
Examining Board, presented and read.
Council Member Deich moved that the
communication be received and filed and
accepted with regret. Seconded by Coun-
cil Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammal, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Me~nber Manning.
October 16, 1985
Honorable Mayor and
Members of the City Council
Per a written request from the City
Manager and the Police Chief, the Civil
Service Commission, in accordance with
Chapter 400 of the 1985 Code of Iowa,
did conduct written examinations on
September 4, 1985 and Physical Agili-
ty Tests on October 9, 1985, for the posi-
tion of Police Officer.
We hereby certify that the falinwing
have successfully passed the written and
physical tests for this position.
A second list of names is available if
needed.
Respectfully submitted,
Gerald J. Koppes
Chairperson
Dolores A, Reihle
John E. Hess
Civil Service Com~nission
545
Mary A. Davis
Secretary
Council Member Deich moved that
the above communication be received
and filed and made a matter of record.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
Communication of City Manager
recommending acceptance of the con-
struction contract for the Chaplain
Schmitt Memorial Recreation Complex
Road, presented and read. Council
Member Deich moved that the com-
municatinn be received and filed.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 365-85
WHEREAS, the contract for the
Chaplain Schmitt Recreation Complex
Road has been completed and the City
Manager has examined the work and fil-
ed his certificate stating that the same
has been completed according 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 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 General Obligation Bonds in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted and approved this
546 Special Session October 21, 1985
21st day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Delch moved adop-
tion of the Resolution. Seconded by
Council Member St ackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammai, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
FINAL ESTIMATE
RESOLUTION NO. 366-85
WHEREAS, the contract for the
Chaplain Schmitt Recreation Complex
Road has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
cluding 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
$248,075.45 and that said amount shall
be paid from the General Obligation
Bonds of the City of Dubuque, Iowa.
Passed, adopted and approved this
21st day of October, 1985.
Jan~es E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved adop-
tion of the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Kluesner,
Kronfeldt, Stackls.
Nays--None.
Absent--Council Member Manning.
Communication of City Manager sub-
mitting summary of costs for construc-
tion of Dubuque Greyhound Park,
presented and read. Council Member
Deich moved that the communication be
received and filed. Seconded by Council
Member Stackis. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesnor,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
Communication of Planning and Zon-
ing Commission approving final plat of
Subdivision Clin Que Inc. Addition
located on Century Circle west of Cen-
tury Drive, presented and read. Court-
cil Member Deich moved that the com-
munication be received and filed.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
dembers Deich, Hammel, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
RESOLUTION NO. 367-85
~ESOLUTION APPROVING THE
VINAL PLAT OF THE SUBDIVISION
OF LOT 1-1-2-1-2, LOT 1-2-2-1-1, LOT
1-1-2-1-1, LOT 1-1-1-1, LOT 2-1-1-1,
LOT 1-2-1-2-1-1 AND LOT 1-2-1 ALL
OF CLIN QUE INC. ADDITION IN
TIlE CITY OF DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of the Subdivi-
sion of Lot 1-1-2-1-2, Lot 1-2-2-1-1, Lot
1-1-2-1-1, Lot 1-1-1-1, Lot 2-1-1-1, Lot
1-2-1-2-1-1 and Lot 1-2-1 ell of Clin Que
Inc. Addition in the City of Dubuque,
Iowa; and
WHEREAS, upon said final plat ap-
pear a street to be known as Century
Circle, together with certain public utili-
ty easements which the owners by said
plat have dedicated to the public forever;
and
WHEREAS, said final plat has been
exam/ned by the City planning and Zon-
ing Co~r~nisslon and had its approval eh-
dorsed theron; and
WHEREAS, said final plat has been
Special Session, October 21, 1985
examined by the City Council and they
find that the same.conforms to the
statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedication of
Century Circle together with the
easements for public utilities as the
same appear upon said plat, be and the
same are hereby accepted;
Section 2. That the final plat of the
Subdivision of Lot 1-1-2-1-2, Lot 1-2-2-1-1,
Lot 1-1-2-1-1, Lot 1-1-1-1, Lot 2-1-1-1, Lot
1-2-1-2-1-1 and Lot 1-2-1 all of Clin Que
Inc. Addition in the City of Dubuque,
Iowa, be and the same is hereby approv-
ed and the Mayor and City Clerk are
hereby authorized and directed to en-
dorse the approval of the City of Dubu-
que, Iowc~ upon said final plat.
Passed, adopted and approved this
21st day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved adop-
tion of the Resolution. Seconded by
Council Member Stackis. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
There being no further business, Coun-
cil Member Kronfeldt moved to adjourn.
Seconded by Council Member Stackis.
Carried by the foilowing vote:
Yeas--Mayor Brady, Council
Members Daich, Hammel, Kluesner,
Kronfeldt, Stackis.
Nays--None.
Absent--Council Member Manning.
Meeting adjourned at 8:06 p.m.
Mary A. Davis
City Clerk
Approved 1986
kdopted
Mayor
Council Members
ATTEST:
City Clerk
547
1986
548 Special Sessior October 24, 1985
CITY COUNCIL
OFFICIAL
Special Session, October 24, 1985.
Council met at 4:45 p.m. City Hall
Council Chambers.
Present: Council Members Deich,
Hammal, Manning, Stackls. City
Manager W. Kenneth Gearhart, Cor-
poration Counsal Barry A. Lindahl.
Absent at Roll Call: Mayor Brady,
Absent: Council Members Kluesner,
Kronfaldt.
Mayor Pro-Tem Daich read the call
and stated that service thereof had been
duly made and this meeting is called for
the purpose to CONSIDER OR-
DINANCES REGARDING PARK-
ING ON 19th STREET.
Mayor Brady entered the Chambers
at 4:48 p,m.
AN ORDINANCE Authorizing
Jacobsons, Inc. to construct parking
facilities on public right-of-way, said Or-
dinance having been previously
presented and read at the Council
Meeting of October 21, 1985, presented
for second reading. Council Member
Hammel moved that the reading just
had be considered the second reading of
the Ordinance. Seconded by Council
Member Stackls. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Daich, Hammal, Manning,
Stackis.
Nays--None.
Absent--Council Members Kluesner,
Kronfaldt.
AN ORDINANCE Amending the
Code of Ordinances of the City of Dubu-
que, Iowa, by adding Nineteenth Street
to Subsection Id) of Section 25-257
thereof providing for the prohibiting of
parking on Nineteenth Street, said Or-
dinance having been previously
presented and read at the Council
Meeting of October 21, 1985, presented
for second reading. Council Member
Hammal moved that the reading just
had be considered the second reading of
the Ordinance. Seconded by Council
Member Stackis. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Manning,
Stackis.
Nays--None.
Absent--Council Members Kluesner,
Kronfaidt.
There being no further business, Coun-
cil Member Hammel moved to adjourn.
Seconded by Council Member Stackis.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Daich, Hammal, Manning,
Stackis.
Nays--None.
Absent--Council Members Kluesner,
Kronfeldt.
Adjourned at 4:53 p.m.
Mary A. Davis
City Clerk
Approved 1986
Adopted 1986
Mayor
Council Members
ATTEST:
City Clerk
Special Session, October 28, 1985
549
CITY COUNCIL
OFFICIAL
Special Session, October 28, 1985.
Council met at 4:45 p.m. City Hall,
Council Chambers.
Present: Mayor Brady, Councll
Members Deich, Hammel, Manning, Ci-
ty Manager W. Kenneth Gearhart, Cot-
potation Counsel Barry A. Lindahl.
Absent at Roll Call: Council Member
Stackis.
Absent: Council Members Kluesner,
Kronfeldt.
Mayor Brady read the call and stated
that service thereof had been duly made
and this meeting is called for the put-
pose to CONSIDER ORDINANCES
REGARDING PARKING ON 19TH
STREET.
ORDINANCE NO. 71~85 .
An Ordinance authorizing Jacobsons,
Inc. to construct parking facilities on
public right-of-way, said Ordinance hav-
ing been previously presented and read
at the Council Meetings of October 21
and October 24, 1985, presented for final
adoption.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 71-85
AN ORDINANCE AUTHORIZING
JACKSOBSONS, INC., Owner of
below described property,
TO CONSTRUCT Parking Facilities
on Public Right - of - Way.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA!
Section 1. That Jacobsons, Inc. as
owner of the premises known as 1800
Ehn Street, Dubuque, Iowa 52001, and
legally described as Lots 167, 168, 169,
170, 171, 17lA, 232, 233, 234, 235, 236
and the North 50 feet of Lot 172 in
"E~st Dubuque", an addition in the
City of Dubuque, Iowa be and they
arc hereby granted the revocable per
mit and authority to construct and
maintain Parking Facilities under the
terms and conditions set forth in this
Ordinance.
Section 2. That such construction
shag be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the
City Manager, and in accordance with
all applicable state and federal laws
and regulations, and the Ordinances of
the City of Dubuque.
Section 3. That the permission
herein ~,anted is expressly conditioned
on pcrmittoes' agreement to:
a) Assume any and all habiSty for
damages to persons or property which
may result from the existence, loca-
tion, installation, construction or main-
tenance of said Parking Fa ¢ilities;
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 loca-
tinn, installation, existence, construc-
tion or maintenance of said Parking
Facilities sustained by any person or
persons, caused by accident or other-
wise to defend at its own expense and
on behalf of said City any claim
against tbe City of Dubuque arising
out of the location, installation, exis-
tence, construction or maintonance of
Parking Facilities and to pay reason-
able attorney tbes therefbre; and
c) Indemnil~ and hold the City of
Dubuque free and hamriess from any
and all claims, loss, liability and
expen~ for death and / or injuries to
tliird persons or damages to property
of tlin'd persons, or for damage to any
property of the City of Dubuque which
may occm' as a result of or in connec-
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 permittees' further agreement
timt should tlie right and privilage
herein granted be rescinded or revoked
by the City Council, permittees, or
ti~eJr succes~sors 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
improvements and restore to present
condition and in the event of thekr fail-
ure ,~1 to do, the City of Dubuque shall
be authorized to remove said Parking
Facihties at permittees' expense and
dispose of tlie same, and the permit-
tee shall have no claim against the
City or its agents tbr dmnages result-
ing fi'om the removal of said Parking
Facilities.
Section 5. That permittoes conven-
ant and agree that the revocable per-
mit herein granted does not constitute
an approval of the design, erection,
location, construction repair or mainto-
nance of said facility and said permit-
550
tees herehy convenant and agree not to
assert such claim or defense against the
City of Dubuque in the event of claim
asserted for death, personal injuries
and/or property damage against the
permittees arising out of or in any way
connected with the location, instaila-
tkm, construction, design, repair and
maintenance of the facility herein per-
mittod.
Section 6. This Oridnance shall
become eftbctive and the rights here-
under accrue to Jacobson's Inc. when
tiffs Ordinance has been adopted by
the City Council and the terms and
conc~tions thereof accepted by permit-
tees by acceptance endorsed on this
Ordinance.
Section 7. That the City Clerk be
and he is authorized and directed to
file at permittees' expense a copy of
this Ordnance in the office of the re-
corder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
28th day of October, 1985.
ATTEST: /s/James E. Brady
/s/Mm'y A. Davis Mayor
Cqty Clerk
ACCEPTANCE OF ORDINANCE
NO. 71-85
The undersigned having read and being
familiar with the terms and conditions
of Ordinance No. 71-85 hereby, for
themselves, their successors or assigns,
as owners of the abutting property,
accept the same and a~ee to be bound
by the conditions and agreements
therein contained to be performed by
permittees. Dated 10-22-85
/s/John L. Shulan
Property Owner
Published officially in the Telegraph
Herald newspaper this 31st day of
October, 1985.
Mary A. Dav~s
City Clerk
Council Member Deich moved final
adoption of the Ordinance. Seconded by
Council Member YIammel. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Manning.
Nays--None.
Absent--Council Members Kluesner,
Kronfeldt, Stackis.
ORDINANCE NO. 72-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY
ADDING NINETEENTH STREET TO
Special Session October 28, 1985
SUBSECTION (d) OF SECTION 25-257
THEREOF PROVIDING FOR THE
PROHIBITING OF PARKING ON
NINETEENTH STREET, said Or-
dinance having been previously
presented and read at the Council
Meetings of October 21, 1985 and Oc-
tober 24, 1985, presented for final
adoption.
ORDINANCE NO. 72-85
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ADDING NINETEENTH STREET
TO SUBSECTION (d) OF SECTION
25-257 THEREOF PROVIDING FOR
THE PROHIBITING OF PARKING
ON NINETEENTH STREET.
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
to be mnended by adding Nineteenth
to Subsection (d) of Section 25-257
thereof as follows:
"Sec. 25-257. Prohibited or Desig-
nated Streets or Portions Thereof.
(d) No - Parking - at - any - time
zones designated
Nineteenth Street, both sides, from
Elm to Pine"
Passed, approved and adopted this
28th day of October, 1985.
James E. Brady
Mayor
ATTEST:
Mm'y A. Davis
City Clerk
Publisi~ed officially in the Telegraph
Herald newspaper this 31st day of
October, 1985.
Mary A. Davis
City Clerk
Council Member Deich moved final
adoption of the Ordinance. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Councll
Members Deich Hammel, Manning.
Nays--None.
Absent--Council Members Kluesner,
Kronfeldt, Stackis.
Council Member Stackis entered the
Council Chambers at 4:48 p.m.
John Schulan, of Jacobson's Inc.,
Special Session, October 28, 1985
551
addressed the Council and expressed ap-
preciation for the favorable action of the
Council.
There being no further bualuess, Coun-
cfi Member Deich moved to adjourn.
Seconded by Council Member Manning.
Carried by the following vote:
Yeas--Mayor Brady, Council
Members Delch, Hammel, Manning,
Stackis.
Nays--None.
Absent--Council Members Kfuesner,
Kronfeldt. Meeting adjourned at 4:49
p.m.
Approved _
Adopted
Mary A. Davis
City Clerk
__1986
__1986
Mayor
Council Members
ATTEST:
City Clerk