1984 February Council ProceedingsSpecial Session, January 16, 1984
and filed. Seconded by Council
Member Kluesner. Carried by the
fonowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
There being no further business,
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Approved __1984
Adopted _1984
Mayor
Council Members
ATTEST:
City Clerk
Regulsr Session, February 6, 1984
CITY COUNCIL
OFFICIAL
Regular Session, February 6, 19841
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers.
Preeent--Mayur Brady, Council
Members Beurskena, Deich, Hammel,
Kluesnar, Kronfeldt, Manning, Assis-
tant City Manager Gent M. Wit-
tenberg, Corporation Counsel William
G. Blum.
Abeent--City Manager W. Kenneth
Gearhart.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
Regular Monthly Meeting of the City
Council called for the purpose to act
upon such business which may proper-
ly come before the Council.
Invocation was given by Rev.
Phyllis Anderson, Assistant to the
Bishop of Iowa, American Lutheran
Church.
PROCLAMATIONS: Proclaiming
Carrie Sue Poston as "Lady Am-
baeeador for the City of Dubuque";
Week of February 4-12 as "Youth
Hockey Week"; Week of February
12-18 as "National Distributive
Education Clubs of America Week";
Week of February 12-18 as "Office
Education Week"; February 12 as
"World Marriage Day"; Month of
February as "National Children's Den-
tal Health Month".
Council Member Deich moved to
suspend the rules to let anyone pr~-
sent address the Council if they so
desire. Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing amending the Zoning Or-
dlnance to allow Motels as a Condi-
tional Use in the OR-1 District,
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing. Coun-
· cll Member Kluesner moved that the
proof of publication be received and fll-
ed. Seconded by Council Member
Beurskena. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskena, Dalch, Hammel,
Klueenar, Krnnfeldt, Manning.
Nays--None.
ORDINANCE NO. ~
'AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF OR-
DINANCES, CITY OF DUBUQUE,
IOWA BE AMENDED BY REVIS-
ING APPENDIX "A" THEREOF,
ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA", BY F, NACTING A NEW
SECTION 4-109.4(4) AND BY
REPEALING SECTION 4-109.6 OF
ARTICLE IV AND ENACTING A
NEW SECTION 4-109.6 OF ARTI-
CLE IV IN LIEU THEREOF TO
ALLOW MOTELS AS A CONDI-
TIONAL USE IN THE 011-1 OF-
FICE/RESIDENTIAL DISTRICT
AND ESTABLISH DISTRICT
REGULATIONS THEREIN, SAID
ORDINANCE HAVING BEEN
presented and read at the Council
Meeting of January 16, 1984,
presented for final adoption.
ORDINANCE NO. 3-84
and CHART
on following pages
30 Regular Session, February 6, 1984
{OFFICIAL PUBLICATION{
ORDINANCE NO. 3-84
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE
AMENDED BY REVISING APPENDIX "A" THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DUBU-
QUE, IOWA", BY ENACTING A NEW SECTION 4-109.4{41 AND BY
REPEALING SECTION 4-109.6 OF ARTICLE IV AND ENACTING A NEW
SECTION 4-109.6 OF ARTICLE IV IN LIEU THEREOF TO ALLOW
MOTELS AS A CONDITIONAL USE IN THE OR-1 OFFICE/RESIDENTIAL
DISTRICT AND ESTABLISHED DISTRICT REGULATIONS THEREIN.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be
amended by revising Appendix "A" thereof also known as the "Zoning Or-
dinance and Zoning Map of the City of Dubuque, Iowa" and by enacting a new
Section 4-109.4{4) of Article IV thereof as follows:
Section 4-109 OR-1 RESIDENTIAL DISTRICT.
4-109.4 CONDITIONAL USES.
"4) Motels, not including restaurants, coffee shops, gift
shops, or similar secondary or accessory rises, and
also provided that off-street parking shall include a
minimum of one (1) space per sleeping room plus one
(1) space per employee on the maximum shift."
Section 2. That the Code of Ordinances of the City of Dubuque, ~owa, be
amended by revising Appendix "A" thereof also known as the "Zoning Or-
dinance and Zoning Map of the City of Dubuque, Iowa" by repealing Section
4-109.6 of Article IV thereof and enacting a new Section 4-109.6 of Article IV in
lieu thereof as follows:
Section 4-109
"Section 4~109.6
OR-1 OFFICE-RESIDENTIAL DISTRICT.
SCHEDULE OF DISTRICT REGULATIONS
ADOPTED.
Additional regulations for the OR-10ffic~-Residen-
tial District shall be as set forth in the R~i Schedule
of District Regulations, hereby adopted by reference
and declared to be a part of this ordinance, and in Ar-
ticle V of this Ordinance, entitled "Supplementary
District Regulations."
CHART on following pages
Regular Session, February 6, 1984 31
Section 3. That the foregoing Amendment has heretofore been approved by
the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed,
adopted and approved this 6th day of February, 1984.
James E. Brady
Mayor
32
Regular Session, February 6, 1984
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph Herald newspaper this 10th day of
February, 1984.
it 2/10 Mary A. Davis, City Clerk
Council Member Klueener moved
final adoption of the Ordinance.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing on intention to issue In-
dustrial Development Revenue Bonds
Series 1984 (Area Residential Care
Project), presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the fofiow-
Lng vote:
Yeas--Mayer Brady, Council Mem-
bers Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 21-84
Resolution to Proceed with the Is-
suance and Sale of Industrial Develop-
ment Revenue Bonds, Series 1984
(Area Residential Care Project) in an
aggregate principal amount not to ex-
ceed $425,000"
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incor-
porated municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1983,
as amended (the "Act") to issue
revenue bonds for the purpose of
financing the cost of acquiring, by con-
struction or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for the use of
any industry or industries for the
manufacturing, processing or assembl-
ing of any agricultural or manuinc-
tured products or of any commercial
enterprise engaged in storing,
warehousing or distributing products
of agriculture, mining or industry, or~
of a national, regional or divisional
headquarters facility of a company
that does multistate business; and
the Issuer has been re-
quested by Area Residential Care
Foundation (the "Company"), an Iowa
to issue its
revenue bonds
o finance the Company's acquisition
construction or purchase of land, a
building and improvements suitable
for use as a workshop facility for
developmentally disabled individuals
engaged in the assembly of manufac-
tured parts, industrial servicing, light
machiuing, wood container construe.
tion and packaging (the "Project") to
be located at 2455 Kerper Boulevard
within the Issuer, which will promote
the welfare of the Issuer and its
citizens; and
WHEREAS, it ia proposed to
finance the cost of the Project through
the issuance of Industrial Develop-
Revenue Bonds, Series 1984
Residential Care Project) of the
Issuer in an aggregate principal
amount not to exceed $425,000 Ithe
"Bonds"~ and to loan said amount to
the Company under a Loan Agreement
between the Issuer and the Company,
the obligation of which will be suffi-
cient to j~ay the principal of and in-
terest and redemption premium, if
any, on the Bonds, as and when the
same shall be due; and
WHEREAS, notice of intention to
issue the Bonds has, as directed by the
City Council of the Issuer, been duly
in compliance with the Act and
Section 103(k) of the Internal Revenue
Code; and
WHEREAS, a public hearing has
been held on the proposal to issue the
Bonds at the time and place as
specified in said notice and all objec-
tions or other comments relating to
the issuance of the Bonds have been
heard;
NOW, THEREFORE, BE IT
Regular Session, February 6, 1984
RESOLVED by the City Council of
Section 1. It is hereby determined it
is necessary and advisable that the
Issuer proceed with the issuance and
sale of the Bonds as authorized and
p~rmitted by the Act to finance the
vest of the Projec~ and such actions
will be taken by the Issuer as may be
required pursuant to the provisions of
the Act to authorize, issue and sell the
Bonds.
Section 2, The Issuer will enter into
all agreements necessary to be entered
into by the Issuer in connection with
the issuance and sale of the Bonds.
The City Attorney shall approve all
agreements to be entered into in eon-
nection with the issuance of the Bonds
and such agreements shall be authoriz-
ed and approved after due considor~
tisn by this Council prior to their ex.
ecution by the Issuer.
Section 3. The Mayor, the City Clerk
and the City Attorney are hereby
authorized and directed to do any and
all things deemed necessary in order to
effect the accomplishment of the Pro-
ject and the issuance and sale of the
Bonds.
Section 4. All resolutions and parts
thereof in conf~ct herewith are hereby
r~pealed to the extent of such conffict.
Section 5. This Resolution shall
become effective immediately upon its
passage and approval
Passed approved and adopted this
6th day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Delch. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Delch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Planning and
Zoning Commission recommending
denial of request of Kiuck Construc-
tion to rezone property at 2769
University 'Ave. from 1%4 and 1%2 to
01%1 Classification, presented and
read.
Council Member Hammel moved
33
that the communication ha received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vo~e:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
An ORDINANCE Amending the
Zoning Ordinance and Zouing Map by
reclassifying property at 2769 Unicef-
sity Ave. from 1%4 Multi-Family
Residential District and 1%2 Single
Family Residential District to 01%1
Office/Residential District, presented
and read.
Council Member Hammel moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueener, Kronfeldt, Manning.
Nays--None.
Council Member Hammel moved
that the rule requiring an Ordinance to
be presented and read at two meetings
)rinr to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayer Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Member Hammel moved
that a Public Hearing be held on the
Ordinance on March 19, 1984 at the
Public Library Auditorium at 7:30
).m. and that the City Clerk publish
notice in the manner prescribed by
law. Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Resolution providing for
amendment to Option Agreement bet-
ween the City and Klauer Mfg. Co.,
presented and read.
Council Member Kronfsidt moved
that the communication be received
and filed. Seconded by Council Mem-
ber Dsich. Carried by the following
Regular Session, February 6,1984
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kinesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 22-84
Amendment to Option Agreement Be-
tween the City of Dubuque and Klauer
Manufacturing Company
WHEREAS, the City of Dubuque
and Klauer Manufacturing Company
entered into an option agreement con-
cerning real estate described as
follows: Lot 7, 8 and 9 and Lot 2 of Lot
1, ali in Block 1, "River Front Subdivi-
sion No. 5", in the City of Dubuque,
Iowa pursuant to terms of an option
agreement dated February 13, 1978,
and authorized on behalf of the City of
Dubuque by Resolution No. 73-78; and
WHEREAS, the City of Dubuque
granted an extension to Klauer
Manufacturing Company, an option to
purchase Lot 6 in Block 1, in "PAver
Front Subdivision No. 5", in the City
of Dubuque, Iowa. in accordance with
the provisions and terms of one certain
option agreement dated June 2, 1978,
and authorized on behalf of the City of
Dubuque by Resolution No. 225-78
and
WHEREAS, the option agreement
dated February 13, 1978 was amended
on June 2, 1978, and authorized on
behalf of the City of Dubuque by
Resolution No. 310-78; and
WHEREAS, the City of Dubuque
extended the options referred to above
as set forth in and authorized by
Resolution No. 37-79, and Resolution
No. 38-79; and
WHEREAS, Klauer Manufacturing
Company gave notice to the City of
Dubuque of the exercise of that option
as to Lot 6, 7, 8 and 9 described above
by letter dated October 4, 1979 from
Klauer Manufacturing Company to
the City of Dubuque; and
WHEREAS, the City of Dubuque
and Klauer Manufacturing Company
mutually agreed to amend the option
agreement on November 19, 1979
under Resolution No. 298-79 whereby
Klauer Manufacturing Company put-
chased Lots 8 and 9 on the condition
that Klauer Manufacturing Company
be permitted to construct a building of
not less than 30,000 square feet winch
building may not constitute the defini-
lion of "New Manufacturing
Building";
WHEREAS, the City of Dubuque
and Klauer Manufacturing Company
mutually agreed to amend the option
agreement on October 17, 1983 under
Resolution No. 251-83 in which the Ci-
ty granted Klauer Manufacturing
Company until March 13, 1987 to com-
mence construction of a "Manufactur-
lng Facility" on Lots 6 and 7, all in
Block 1, "River Front Subdivision No.
WHEREAS, the option agreement
dated February 13, 1978 as amended
stipulates that Klauer Manufacturing
Company has the option of purchasing
the remaining lots, namely Lot 6 and
7, prior to March 13, 1984; and
WHEREAS, the City of Dubuque
and Klauer Manufacturing Company
have agreed to further amend the op-
lion agreement to clarify the definition
of the date for construction of a
"Manufacturing Facility" as it relates
to ali lots namely, Lot 6, 7, 8 and 9, ail
in Block 1 in "River Front Subdivision
No. 5", in the City of Dubuque, Iowa;
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque, Iowa,
Section 1. That option agreement
between Klauer Manufacturing Com~
pany and the City of Dubuque, Iowa,
dated June 2, 1978 be further amended
to incor~porate the following language:
WHEREAS, if Klauer ManUfactur-
ing ComPany timely exercises its op-
tion to purchase aforesaid Lots 6 and 7
and pays for sold lots per agreement
the following conditions shall prevail:
a ) If Klauer fails to commence con-
struction prior to 13 March
1987, in good faith, of a
manufacturing facility of at
least 50,000 square feet on some
portion of said lots 6, 7, 8 or 9,
the City of Dubuque shall have
the right and option to repur-
chase ali of said lots 6, 7, 8 and 9
from Klauer at the exact con-
sideration paid by Klauer to the
City of Dubuque and said
reconveyance by Klauer to the
City of Dubuque shall be free
and clear of ail liens and encum-
Regular Session, February 6, 1984
35
brances, with Abstract of Title
to be furnished by KIauer to
evidence such title. The right to
repurchase by the City of Dubu-
que shall be exercised by writ-
ten notice to repurchase to
Klauer not later than 13
September 1987 and shali in-
clude all of said lots 6, 7, 8 and 9.
b ) If Klauer commences, prior to
13 March 1987, in good faith, to
construct a manufacturing
facility of not less than 50,000
square feet on any portion of
said lots 6, 7, 8 or 9, and com-
mencee construction of notinng
further on said lots prior to 13
March 1989, in such event, the
City of Dubuque shall have the
right and option to repurchase
from Klauer not to exceed seven
(7) acres of those portions of
said lots not developed by
Klauer and Klauer shali be en-
titled to retain the balance, con-
slsting of 4.919 acres of said lots
6, 7, 8 and 9. The 4.919 acres t~
be retained by Klauer shall con-
sist of the construction site and
adjoining unimproved real
estate serving the building, for a
total of 4.919 acres. The price to
be paid by the City to Klauer for
the acres repurchased shall be
to the exact consideration paid
therefor by Klauer to the City of
Dubuque and said reconveyance
by Klauer to the City of Dubu-
quo shall be free and clear of ali
liens and encumbrances with
Abstract of Title to be furnished
by Klauer to evidence said title.
The right to repurchase by the
City of Dubuque shali bo exer-
deed by written notice to repur-
chase to Klauer not later than
13 September 1989.
c ) If Klauer has commenced con-
struction in good faith of a
manufacturing facility or
facilities prior to 13 March 1989
on any portion of said lots 6, 7, 8
or 9, having total square feet of
100,000 or more, the right and
option of tho City of Dubuque to
repurchase from Klauer any
portion of "River Front Sub-
division No. 5", in the City of
Dubuque, Iowa, shali thereupon
automatically cease and tor-
minate.
Section 2. That a public hearing be
held on February 20, 1984 at the
Carnegie-Stout Library at Z'30p. nL in
accordance with Section 364.7 of the
Code of Iowa, 1983.
Section 3. That the City Clerk be
directed to provide a public notice as
~rovided in Section 362.8 of the Code
of Iowa of this resolution and the date,
time and place of the public hearing on
this proposal
Passed approved and adopted this
6th day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Delch, Hammel,
Kluesner, Kronfuldt, Mamfing.
Nays--None.
Commuaication of City Manager
submitting documents providing for
the vacation of a portion of Huff St. in
the proximity of the Frommslt Bldg.
Corporation's property, presented and
read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayur Brady, Council Mem-
bers Beurskene, Delch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 23-84
Resolution Approving Plat of Vacated
Portions of HuH Street in the Prouimi-
ty of the Frommelt Building Corpora-
lion
WHEREAS, there has been
presented to the City Council of the Ci-
ty of Dubuque, Iowa a plat dated
January 31, 1984, prepared by Wright,
Kflby, Sejkora & Associates, P.C.
covering vacated portions of Huff
Street, the vacated portions to be iden-
tiffed as:
Lot A Sears-Roebuck & Co. Subdivi-
sion No. 2
WHEREAS, said plat conforms to
laws and statutes pertaining thereto.
NOW, THEREFORE, be it resolved
36
Regular Session, February 6, 1984
by the City Council of the City of
Dubuque, Iowa,
Section 1. That the plat prepared
January 31, 1984, prepared by Wright,
Kilby, Sejkoro, & Associates, P.C.
Engineering Company, covering the
real estate herein-above described,
be and the same is hereby approved
and that the Mayor and City Clerk be
and they are hereby authorized and
directed to execute said plat for and on
behalf of the C~ty of Dubuque, Iowa.
Section 2. That the C~ty Clerk be and
is hereby authorized and directed to
file said plat and certified copy of this
resolution in the office of the Recorder
in and for Dubuque County, Iowx
Passed approved and adopted this
6th day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hummel,
Kluesner, Kronfoldt, Manning.
Nays--None.
An ORDINANCE Vacating a por-
tion of Huff St. in Sears, Roebuck &
Co. Subdivision No. 2, presented and
read.
Council Member Kluesner moved
that the reading just had be con-
zidered the first reading of the Or-
dinance. Seconded by Council Member
Manning. Carried by the following
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hummel
Kluesner, Kronfeldt, Manning.
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 Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel
Kluesner, Kronfeldt, Manning.
Nays--None.
Council Member Kluesner moved
that a Public Hearing be held on the
Ordinance on February 20, 1984 at
7:30 p.m. in the Public Library
Auditorium. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting a petition from Frommelt
Building Corp. requesting to purchase
City-owned property for the sum of
$4,600, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 24-84
Sale of City Owned Property to From-
melt Building Corporation
WHEREAS, a portion of the From-
melt Building Corporation factory
building on Huff Street is constructed
on City owned property; and
WHEREAS, Frommalt Building
Corporation has requested in a letter
dated January 31, 1984 to purchase
this'.property from the City of Dubu-
que;
WHEREAS, Frommelt Building
Corporation is in the process of selling
this property to Dubuque Infuturo
Inc.; and
WHEREAS, it is the desire of From-
melt Building Corporation to clarify
the title prior to the transfer of the
property to Dubuque Infuturo Inc.;
and
WHEREAS, the City desires to re-
tain a 40' perpetual easement for a 96
inch storm sewer that traverses the
property; and
WHEREAS, the legal description of
the property is as folldws:
Lot 2 of Subdivision of Lot 1 of
Regular Session
Sears. Roebuck & Co. Subdivision No.
2 in the City of Dubuque, Iowa, and
Lot 2 of Subdivision of Lot 1 of Lot 1
of Sears, Roebuck & Co. Subdivision
No. 2 in the City of Dubuque, Iowa,
and Lot A of Sears, Roebuck & Co.
Subdivision No. 2 in the City of Dubu-
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque, Iowa,
Section 1. That the City Clerk be am
is hereby authorized and directed to
cause a notice of intent to dispose of
said real estate in a manner as
prescribed by law.
Section 2. That the conveyance of'
Lot 2 of Subdivision of Lot i of
Sears, Roebuck & Co. Subdivision No.
2 in the City of Dubuque, Iowa, and
Lot2 of Subdivision of Lot i of Lot I of
Sears, Roebuck & Co. Subdivision No.
2 in the City of Dubuque, Iowa, and
Lot A of Sears, Roebuck & Co. Sub-
division No. 2 in the City of Dubuque,
Iowa,
be in the same'is hereby approved
upon the payment of $4600 and upon
payment of publicatlan and filing fees.
Section 3. That the property be con-
veyed to the Frotnmdt Building Cot-
potation on the premises that a 40'
perpetual easement will be granted for
a storm sewer traversing the property
under the conditions shown on the
"Grant of Easement" and "Exhibit A "
as attached
Passed approved and adopted this
6th day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolutfon, setting a
Public Hearing for February 20, 1984
at 7:30 p.m. in the Public Library
Auditorium and that the City Clerk
publish notice in the manner prescrib-
ed by law. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Petition of Attorney James
February 6, 1984 37
Reynolds and Beyer Aviation, Inc. re-
questing to address the Council to
discuss their concerns regarding ac-
tlon taken by the Airport Commission,
presented and read.
Attorney Jim Reynolds, on behalf of
Beyer Aviation, Inc., stressed the 27
years of service of Mr. Beyer at the
Airport and requested some possible
release so as to continue that opera-
tion.
Mayor Brady moved that the City
Council go on record recommending
that the Airport Commission recon-
sider its action ousting Mr. Beyer from
the Airport and that the Airport
Comm. do all within its power to work
with Mr. Beyer to continue his F.B.O.
service in the City of Dubuque at the
present facility. Seconded by Council
Member Deich. Vote on the motion
was as follows:
Yeas--Mayor Brady, Council
Member Deich.
Nays--Council Members Beurekens,
Hummel, Kluesncr, Kronfeldt, Mann-
lng.
MOTION FAILED.
Council Member Beurekens moved
that the petition be received and filed.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Banrskene, Dalch, Hummel,
Kluesner, Kronfoldt, Manning.
Nays--None.
Communicatfon of Attorney David
L, Clemons submitting a Resolution
authorizing execution of the Cer-
tificate of Completion for Dubuque
Supply Co., presented and read.
Council Member Kranfeldt moved
that the communication be received
and filed. Seconded by Council
Member Klueaner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammal,
Kluesanr, Kronfaldt, Manning.
Nays--None.
RESOLUTION NO. 25-84
Authorizing the Execution of a
Certificate of Completion for
Dubuque Supply Co.
WHEREAS, on the 20th day of
December, 1972, the City of Dubuque
38
filed Resolution Nos. 362 and 386 as
Instrument Nos. 9188-72 and 9189-72
of the records of Dubuque County,
Iowa, providing for the conveyance of
the property legally described es
follows:
Regular Session, February 6, 1984
6th day of February, 1984.
Lot 1 of lot 1 of lot 1, of Block 6, of
RIVER FRONT SUBDIVISION
NO. 3, in the City of Dubuque, Iowa,
according to the Plat thereof in Book
of Plats t33, page 145, records of
Dubuque County, Iowa. Subject to
easements, rights and privileges of
record (SAID RIVER FRONT SUB-
DIVISION NO. 3, is also described
as RIVERFRONT SUBDIVISIOH
NO. 3).
WHEREAS, under the terms and
conditions of said Resolutions, the
subject property was conveyed by the
City of Dubuque; and
WHEREAS, in the Resolution the
City imposed certain terms and condi-
tions upon the purchaser as to the
completion of improvements on said
real estate; and
WHEREAS, it has determined that
the required improvements have been
satisfactorily completed in accordance
with all the terms and provisions of
said Resolutions; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Mayor and City
Clerk be and they are hereby authoriz~
ed and directed to execute a Certificate
of Completion in the form attached
hereto for Dubuque Supply Co. for the
improvements located on Lot i of lot
of lot 1, of Block t~ of RIVER FRONT
SUBDIVISION NO. 3, in the City of
Dubuque, lowo, according to the plat
thereof in Book of Plats #33, page 145,
records of Dubuque County,
Subject to easements, rights and
privileges of record (SAID RIVER
FRONT SUBDIVISION NO. 3, is also
described as RIVERFRONT SUB-
DIVISION NO. 3).
Section 2. That the Clerk be and she
is hereby authorized and directed to
~ile a copy of this Resolution and the
gxeeuted copy of the Certificate of
CompletiOn in the office of the County
Recorder in and for Dubuque County,
Passed approved and adopted this
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Mam~ng.
Nays--None.
Communication of City Manager
submitting Resolutions (2) authorizing
issuance of Certificates of Completion,
presented and read.
Council Member Beurskens moved
that the communication be received
anf filed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Hays--None.
RESOLUTION NO. 26-84
Authorizing the Execution of a Cer-
tificate of Completion for FrommeR
Building Corporation
WHEREAS, on April 17, 1967, the
: City of Dubuque passed, approved and
adopted Resolution No. 83-67, pro-
viding for the conveyance of the in-
terest,0f the City of Dubuque, Iowa, in
the following described real estate,
towlt:
Lot 2, Block 15, and Lot 4 of Block
14, "Riverfront Subdivision No. 3",
in the City of Dubuque, Iowa con-
taining approximately 2.78 acres,
subject to existing easements;
to Frommelt Building Corporation;
WHEREAS, under the terms and
conditions of said Resolution, the sub-
ject real estate was conveyed by the
City of Dubuque to Frommelt
Building Corporation who constructed
certain improvements thereon; and
WHEREAS, in Section 2 said
Resolution imposed certain terms and
conditions upon Frommelt Building
Corporation, as to the completion of
improvements on said real estate; and
l~gularSession, Febnmry6,1984
WHEREAS, it has determined that
the required improvements have been
satisfactorily completed in accordance
with ail terms and provisions of said
Resolution; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Mayor and City
Clerk be and they are hereby authoriz.
ed and directed to execute a Certificate
of Completion for Frommelt Building
Corporation for the improvements
located on Lot 2 of Block 15 and Lot 4
of Block 14, "Riverfront Subdivision
No. 3", in the City of Dubuque, Iowa
containing approximately 2. 78 acres,
subject to existing easements.
Section 2. That the Clerk be and she
is hereby authorized and directed to
file a copy of this Resolution and the
executed copy of the Certificate of
Completion in the office of the County
Recorder in and for Dubuque County,
Passed approved and adopted this
6th day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bourskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--Hone.
RESOLUTION NO. 27-84
Authorizing the Execution of a Cer-
tificate of Completion for Frommelt
Industries, Inc.
WHEREAS, on April 17, 1972, the
City of Dubuque passed, approved and
adopted Resolution No. 116-72, pro-
viding for the conveyance of the in-
terest of the City of Dubuque, Iowa, in
the following described real estate, to-
wit:
Lot 3, Black 14, "Riverfront Sub-
division No. 3" in the City of
Dubuque, Iowa, containing approxi-
mately one acre, subject to exieting
casements;
to Frummelt Industries, Inc.;
WHEREAS, under the terms and
conditions of said Resolution, the sub-
ject real estate was conveyed by the
City of Dubuque to Frommelt In-
dustries, Inc., who constructed certain
Improvements thereon; and
WHEREAS, in Section 1 said
Resolution imposed certain terms and
conditions upon Frommelt Industries,
Inc., as to the completion of ira-
)rovements on said real estate; and
WHEREAS, it has determined that
the required improvements have been
satisfactorily completed in accordance
with all terms and provisions of said
Resolution; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Mayor and City
Clerk be and they are hereby authoriz-
ed and directed to execute a Certificate
of Completion for Frommalt In.
dustries, Inc. for the improvements
located on Lot 3, Black 14, "Riverfront
Subdivision No. $" in the City of
Dubuque, Iowa, containing approx-
imately one acre, subject to existing
Section 2. That the Clerk be and she
is hereby authorized and directed to
file a copy of this Resolution and the
executed copy of the Certificate of
Completion in the office of the County
Recorder in and for Dubuque County,
Iowa.
Passed approved and adopted this
6th day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Daich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
Regular Session, February 6, 1984
a Resolution approving a Supplemen-
tal Agreement with Brlca, Petrldes
and Associates, presented and read.
Countil Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Kinnar. Carried by the follow-
fug vote:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Kronfeldt,
Manning.
Nays--Mayor Brady, Council
Member Dcich.
RESOLUTION NO. 28-84
Supplemental Agreement for Profes*
sional Services Affiliated with the
Cedar Cross Extension Corridor Lees-
tion Study with Brice, Petrides &
Associates, Inc. Waterloo, Iowa
WHEREAS, the City Council
adopted Resolution No. 18-86 on
February 7, 1983 for a contract for
Professional Services Associated with
Cedar Cross Extension Corridor Lees-
tion Study with Brice, Petrides &
Associates, Inc.;
WHEREAS, a change in the scope
of professional services io necessary in
order to conduct a cultural resource
survey study of the selected alignment
alternate C-l;
WHEREAS, the supplemental
agreement will cover phase I of the
cultural resource survey and will en-
compass an evaluation of the ar-
cheologica]/hlstoricni significance of
the area of the selected alignment; and
WHEREAS, the time schedule for
the conduction of the work associated
with the supplemental agreement is
sixty (60) days; and
WHEREAS, the additional coot
associated with phase I of the cultural
resources survey is $27,443.00; and
WHEREAS, tins will increase the
amount of the contract with Brice,
Petrides & Associates, Inc. from
$126,926 to $154,369.
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque, Iowa;
Section L That the City Council ap-
prove the supplemental agreement be-
tween the City of Dubuque, Iowa and
Brite, Petridas & Assooiatos, Inc. for
professional servlees in conjunction
with phase I of the cultural resoumes
survey for the selected alignment
alternate C.1.
Section 2. That the City Manager be
authorized to execute the oupplemen,
tel agreement with Briee, Petrides &
Associates, Inc,, Waterloo, loww
Passed approved and adopted this
8th day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hummel moved
adoption of the Resolution. Seconded
by Council Memher Kluesnar, Carried
5y the following vote:
Yeas--Council Members Beurskens,
Hummel, Klnasner, Kronfaldt, Man-
Nays--Mayor Brady, Council
Member Deich.
Communication of City Manager
submitting a Reoolut/on for adoption
~s recommended by the U.S. 20 Cor-
ridor Association, presented and read.
Council Member Dcich moved that
the con~nuhication he received and
filed. Seconded by Council Member
Beurskeno. Curried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Detch, Hummel,
Klueoner, Kronfeldt, Manning.
Na~5~-None.
RESOLUTION NO. 29-84
Preserving the Integrity of the
Road Use Tax Fund
WHEREAS, a statewide highway
corridor system to interconnect the
major Iowa cities and markete to the
interstates and national defense
highway systems is imperative to the
economic development of the State of
Iowa and its cit/eo and towns, and
WHEREAS, any diversion of road
use tax funds for activities and ser-
vices presently financed by other
means will seriously jeopardize the
fulfillment of the objectives of the
Iowa Transportation Improvement
Program 1984 through 1989, and
WHEREAS, the development of
Regular Session, February 6, 1984
41
new sources of funding for transporta-
tion programs and related act/sit/es
are to be encouraged in order to meet
increasing costs and the inclusion of
activities not currently under the Iowa
Department of Transportation
budget,
NOW, THEREFORE, ha it resolved
by the City Council of the City of
Dubuque, Iowa:
Section 1. That the City Council
hereby determines and finds that the
integrity of the Road Use Tax Fund
must be preserved and that any dive~
sion of the Road Use Tax Fund will
hinder the reconstruction and eon.
struction of highway essential to the
continuing growth of the Iowa
· conomy and its cities and towns.
Section 2. That the City Council
directs and authorizes the Mayor to ex-
scats copies of the resolution and that
the Clerk be directed to forward ce~
tiffed copies of this resolution to:
The Governor
Iowa Department of
Transportation
Chalrperoon of the Transporta.
tion Committee of the Iowa
House of Representatives
and tho Senate
Appropriate Area Legislators
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Morris Steve,
President of Steve's Plumbing and
Heating, Inc. withdrawing his request
for rezoning reclassification of proper-
ty located in 2600 block of University
Ave. (located northwest of University
Ave. and south of Van Buren St.),
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskena, Dalch, Hammel,
Klnasner, Kronfeldt, Manning.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances by enacting new
Subsections (a), (b), (f), (g), (o), (t), (v)
and (w) of Sect/on 36-183 in lieu thereof
providing for installation charges, col-
lect/on charges and bad check charges
for Cable Services, said Ordinance
having been presented at the Council
Meetiv~ of Jan. 16, 1984, presented
and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the second reading of the Or-
dinance. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskena, Deich, Hummel,
Kluesnar, Krunfeldt, Manning.
Nays--None.
Verbal petition of Council Member
Delah requesting discussion regarding
Board and Commission Membership.
Mr. Deich stated that when an in-
dividual was appointed to one Board
or Commission, they should request
his resignation before appointing lfim
to another Board or Commission.
Dlascussion followed.
City Manager submitted the Fiscal
Year 1985 Budget Documents.
Council Member Kronfetdt moved
that the documents be received and fil-
ed and referred to the Budget Ses-
sions. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Dalch, Hammel,
Kluesner, Kronfaldt, Manning.
Nays--None.
RESOLUTION NO. 30-84
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 Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Hard Times Bar
1401 Elm St.
K. C.'s Amoco
Pennsylvania & J.F.K.
Passed, adopted and approved
Regular Session, February 6,1984
this 6th day of February 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskans moved
adoption of the Resolution. Seconded
by Council Member Kinesnec, Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Rlansner, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 31-84
WHEREAS, Applications for Bear
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper 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 ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
2075 J. F. Kennedy
{Also Sunday Sales)
Common Stock Trust of Ellis I. Levitt
and Central Management Corp.
1500 J. F. Kennedy
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Iowa Oil Co.
3200 Central Ave.
(Also Sunday Sales}
Passed approved and adopted this
6th day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfaldt, Manning.
Nays--None.
RESOLUTION NO, 32-84
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such appllcante were in-
spected and found to comply with the
State Law and ali City Ordinances
relevant thereto and they have ~ed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
pllcante a Liquor License.
CLASS "B" IHOTEL-MOTEL)
BEER AND LIQUOR LICENSE
[~n's of Iowa, Ltd - Dubuque
3434 Dodge St.
{Also Sunday Sales)
CLASS "C" {COMMERCIAL)
BEER AND LIQUOR LICENSE
Dorothy Shaffer
1103 Iowa St.
James W. Goetzinger
2776 Jackson St.
{Also Sunday Sales)
Lorraine A. Fransen
IlO0 Lincoln Ave.
Curtis I~. Gerhard
2186 Central Ave.
(Sunday Sales Only)
Rita Clancy
201 E. 22nd St.
CLASS "C" (SPECIAL)
BEER AND WINE LICENSE
David F. & Joanna K. Oberbroeckllng
2660 Dodge St.
Also Sunday Sales)
Passed approved and adopted this
6th day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Regular Session, February 6,19~4
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel
Klueaner, Kronfeldt, Manning.
Nays--None.
Printed Council Proceedings for
months of September and October
1983, presented for approval.
Council Member Dalch moved that
the proceedings be approved as
printed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Kronfeldt, Manning.
Nays--None.
MINUTES SUBMI~CrED: Civil Ser-
vice Comm. of 12-12; Dock Bd. of 12-7
Electrical Examining Board of 1-10
Five Flags Comm. of 1-16; Historic
Preservation Comm. of 12-13 & 1-10;
Housing Comm. of 1-10; Human
Rights Comm. of 1-9; Park & P~crea-
tion Comm. of 1-10; Public Library Bal.
of 12-20; Transit Trustee Bal. of 12-12;
Transit Earnings Statement for Dec.,
1983; Planning and Zoning Comm. of
1-4 & 1-18; Housing Code Appeals Bd.
of 1-11; Plumbing Bd. of 1-19
presented and read.
Council Member Delch moved that
the minutes be received and filed.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
NOTICES OF CLAIMS: American
Central Airlines, Inc., vs. City of
Dubuque and Dubuque Airport
Comm. on two counts requesting
minnds wrongfully coilected and re-
questing recissinn of agreements
catered into; Ann Breitbech in amt. of
$79.50 for hacked-up sewer damages;
Irene Duffy in unknown amt. for per-
sonal injuries; Eric Esecr by Edward
Esear, in unknown amt. for personal
injuries; Ardell L. Heft in est. amt. of
$77.37 for tire damages; Gene and Tim
Druear in unknown amt. for personal
injuries; Lavern Wehrle in unknown
amt. for personal injuries; Joel Lee
Whitney, minor, by Floyd C. Whitney
II et ux in unknown amt. for personal
injuries; General Casualty Companies
in amt. of $1,834.51 for reimbursement
for negligent street maintenance on
2700 block of Windsor Ave.; James
Udelhofan in amt. of $121.90 for car
damages; Lyndean Welbes in est. amt.
of $1,227.56 for cay damages; Dubuqe
Bank and Trust Co. vs. Gerald J.
Udelhofen and City's Housing
Rehabilitation Program submitting a
foreclosure petition and order appoint-
ing receiver; Jolaen Andrews in un-
known amt. for car damages {filed in
Small Claims Ct.), 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
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskans, Deich, Hamarel,
Kluesner, Kronfaldt, Manning.
Nays--None.
Communications of Corporation
Counsel recommending denials of
following claims: Roger Cox, Larry
Plain, Robert Pier, James Timmerman;
Robert Greiner claims has been
dismissed by the Court; Property
damage claims of Connie Helbing and
Paul Horsfall have been settled,
presented and read~
Council Member Delch moved that
the communications be received and
filed and approve denials. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of Corporation
Counsel recommending settlement of
property damage claim of Ken
Arensdorf in amt. of $182.29 and
Jamie Kretz property damage claim in
amt. of $103.91, presented and read.
Council Member Deick moved that
the communication be received and fil-
ed and settlements approved and
Finance Director directed to issue prc-
per checks. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
REFUNDS REQUESTED: Earl
Haferbocker, $25 on unexpired
Cigarette License; J.D. Streett & Co.,
Inc., $37.50 on unexpired Class
"C" Beer Permit; Donald Brimeyer
Regular Session, February 6, 1984
$211.25 on unexpired Liquor License
and $50 on unexpired Cigarette
License, presented and read.
Council Member Deich moved that
the refunds be approved and Finance
Director directed to issue proper
checks. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Riuesner, Kronfeldt, Manning.
Nays--None.
Communication of American Central
Airlines requesting to relocate their
General Office with eastern
maintenance base so as to combine all
of their administrative functions
under one roof, presented and read.
Council Member Deich moved that
the communication be received and
filed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dcich, Hammel,
Klooener, Kronfeldt, Manning.
Nays--None.
Communication of Thomas Jones ex-
pressing thanks for approval given at
last meeting to work in and with City
government, presented and read.
Council Member Deich moved that
the communication be received and ~-
ed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, HammeL
Riuesner, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, of Public Notice on
Policy of Nondiscrimination on the
basis of handicapped status, presented
and read.
Council Member Deich moved that
the proof of publication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Dalch, Hammal,
Kluesner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting reports of Finance Direc-
ter and City Treasurer for month of
December, 1983, presented and read.
Council Member Deich moved that
the communication be received and ill-
ed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
United States Bureau of Census sub-
mitring revised population count for
the City of Dubuque effective April 1,
1980, presented and read.
Council Member Deich moved that
the communication be received and Ri-
ed. Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Nammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
National Register Coordinator infur-
ming property at 1295 Prairie St. will
be considered by the State Review Bd.
for nomination to the National
Register of Historic Places, presented
and read.
Council Member Deich moved that
the communication be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following
Yeas-Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel,
Kluesnar, Kronfeldt, Manning.
Nays--None.
Dubuque Federation of Labor urg-
ing the Human Rights Dept. be retain-
ed in its current structure, presented
and read.
Council Member Deich moved that
the communication be received and ill-
ed and referred to the Budget. Second-
ed by Council Member K]uecner. Car-
tied by the following vote:
Yeas--Mayor Brady, Council Mew-
bers Beurskens, Deich, Hammal,
Kluesner, Kronfaldt, Mannln~.
Nays--None.
Dubuque Convention and Visitors
Bureau submitting theh aix month
progress report, presented and ~ead.
Council Member Dalch moved that
the report be received and ~ed.
Regular Session, February 6, 1984
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem.
bars Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of filing of the
Final Plat and Schedule of Assess-
ment for construction of Crescent
Ridge Sanitary Sewer Phase II pro-
ject; Certificate of City Clerk certify-
lng Notices were sent to known proper-
ty ownors on Jan. 20, 1984 as required
by law, presented and read.
Council Member Deich moved that
the proof and Certificate be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem.
bars Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
There being no further business,
Council Member Kronfeldt moved to
adjourn. Seconded by Council Member
Beurskens. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem.
bers Beurskens, Delch,
Riuesner, Kronfeldt, Manning.
Nays--None.
Mary A. Davis
City Clerk
Approved__
Adopted
__1984
__1984
City Clerk
Mayor
Council Members
ATTEST:
Special Session, February 18, 1984
CITY COUNCIL
OFFICIAL
Special Session, February 18, 1984.
Council Met at 9:00 o'clock a.m., in
the City Hall Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hanunel,
Kluesner, Kronfeldt, Manning, City
Manager W. Kenneth Gearhart, Cor-
poration Counsel Barry A. Lindahl.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to affirm or revoke the
City Manager's recommendation of
suspension from work for various
lengths of time for three different city
employees.
Communication of City Manager
questing affirmation of his decision for
a one-day suspension from work,
without pay to Mr. Edward Zenner,
presented and read.
Mr. Zenner spoke to the conununica-
tion.
Council Member Klueener moved
that the suspension be affirmed and
Mayor authorized to notify Mr. Zen-
net. Seconded by Council Member
Beurskens.
Vote on the motion was as follows:
Yeas--Council Members Beurskens,
Nammel, Kluesner.
Nays--Mayor Brady, Council
Members Deich, Kronfeldt, Manning.
MOTION FAILED.
Council Member Kronfeldt moved
that alt communications be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Deich, Hammel, Kluesner,
Kronfeldt, Manning.
Nays--Council Member Beurskens.
Council Member Hammel moved
reconsideration of the previous motion
which included receiving and filing all
the communications. Seconded by
Council Member Beurskens. Carried
by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Kluesner, Kronfeldt,
Manning.
Nays--Mayor Brady.
Council Member Kronfeldt moved
to receive and fde the communication
of the City Mgr. re: Mr. Zenner.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Council Members Deich,
Hammel, Kluesner, Kronfeldt, Mann-
lng.
Nays--Mayor Brady, Council
Member Beurskens.
Communication of City Manager re-
questing affirmation of his decision for
a two day suspension from work,
without pay, to Mr. Jeffrey Everts,
presented and read.
Council Member Hammel moved
that the communication be received
anf filed and affirm the decision of
suspension and Mayor authorized to
notify Mr. Everts. Seconded by Coun-
cil Member Deich. Carried by the
following vote:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Manning.
Nays--Mayor Brady, Council
Members Deich, Kronfeldt.
Communication of City Manager re-
questing affirmation of his decision for
a ten day suspension from work,
without pay, to Mr. Francis Specht,
presented and read.
Council Member Hammel moved
that the~recommendation be received
anf filed 'and affirm the decision of
suspension and Mayor authorized to
notify Mr. Specht. Seconded by Coun-
cil Member Beurskens. Carried by the
following vote:
Yeas--Council Member Beurskens,
Deich, Hammel, Kluesner, Manning.
Nays--Mayor Brady, Council
Member Kronfeldt.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Brady, Council Mem~
bers Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, Manning.
Nays--None.
Mary A. Davis
City Clerk
Mary A. Davis
City Clerk
Approved 1984
Adopted _1984
Special Session, February 18, 1984
47
Mayor
Council Members
ATTEST:
City Clerk
Special Session, February 20, 1984
CITY COUNCIL
OFFICIAL
Special Session, February 20, 1984.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
No members of Council being pre-
sent, meeting was adjourned subject
to call.
Mary A. Davis
City Clerk
Approved_ __1984
Adopted __1984
Mayor
Council Members
ATTEST:
City Clerk
Special Adjourned Session, February 21, 1984 49
CITY COUNCIL
OFFICIAL
Special Adjourned Session
February 21, 1984.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klusener, Manning, City Manager W,
Kenneth Gearhart, Corporation
Counsel William G. Blum.
Absent--Council Membe? Kron-
feldt.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is an ad-
journed session of the meeting of
February 20, 1984 called for the pur-
pose to conduct a Public Hearing to
consider an amendment to option
agreement between Klauer Manufac-
turing Company and the City of Dubu-
que and acting upon such business
which may properly come before the
Council.
Invocation was ~iven by Rev. A]an
Selig, Pastor of the First Baptist
Chureli.
PROCLAMATIONS: Feb 19 to 25
as "National Engineer's Week" recaiv-
ed by Gerhardt Winkel; March 5 thru
April 22 as "Easter Seal Weeks in
Dubuque" received by Mary Biggins;
March 4 thru 10 as "Women's History
Week" received by Jackle Gaymon;
March 5 thru 11 as "Music in our
Schools Week" received by Arline
Dietorlch; Month of March as "Na-
tional Nutrition Month.'
Council Member Beurskoos moved
to suspend the rules to let anyone pre-
sent address the Council if they desire.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
foldt.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider a project for
which federal operating assistance
under Section 9 is being sought to sup-
plement the approved Section 5
Operating Grant, presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Kluesner moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Kluesner, Manning.
Nays--None.
Absent--Council Member Keen-
foldt.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider rezoning of pro-
perty at 3250 Dodge St. and adjoining
west parcel from C-7 to C-3 District,
~resented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Harmmel moved
that the prOOf of publication be receiv-
ed and filed. Seconded by Council
Member Deich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
]Petition of four property owners
and/or businesses encouraging
reclassification as requested by Ralph
Digman and Center Grove Properties;
Communication of Attorney Mark
Sullivan submitting copy of traffic
counts in this vicinity; presented and
read.
Council Member Hammel moved
that the petition and communication
be received and filed. Seconded by
Council Member Deich. Carded by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kcon-
feldt.
Attorney Don Breitbach, represen-
ting Ralph Digman, addressed the
Council and requested approval of the
Special Adjourned Session, February 21, 1984
An ORDINANCE Amending the
Zoning Ordinance and Map by
reclassifying property at 3250 Dodge
St. and adjoining west parcel from C-7
"General Service/Wholesale Commer-
cial District" to C-3" "Arterial
Business Commercial District"
presented and read.
Council Member Hammel moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
hers Deich, Hammel, Klueener, Mann-
lng.
Nays--Council Member Beurskens.
Absent--Council Member Kron~
feldt.
MOTION FAILED to pass due to
lack of 3A vote required.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider an Amendment to
Option Agreement between Klauer
Mfg. Co. and the City of Dubuque,
presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Klueener moved
that the proof of publication be receiv-
ed and filed. Seconded 'by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel
Klueaner, Manning.
Nays--None.
Absent--Council Member Kron-
fei&.
RESOLUTION NO. 33-84
Approval of an Amendment to Option
Agreement Between City of Dubuque
and Klauer Manufacturing Company
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing published in the Telegraph-
Herald, a newspaper of general circula-
tion published on February 10, 1984 in
the City of Dubuque, Iowa, the City
Council of Dubuque, Iowa met on the
21st day of February, 1984 at 7:30
o'clock p.m. in the Carnegie-Stout
Library to consider the proposal to
enter into an amendment to option
agreements by and between the City
of Dubuque, Iowa and Klauer Manu-
facturing Company on Lots 6, 7, 8 and
9 in Block i in River Front Subdivision
No. 5, in the City of Dubuque, Iowa;
and
WHEREAS, the City of Dubuque
and Klauer Manufacturing Company
have mutually agreed to amend the op-
tion agreements heretofore entering
into to permit Klauer Manufacturing
Company to program construction of
manufacturing facilities on Lot 6, 7, 8
and 9 in Block i in River Front Sub-
division No. 5, in the City of Dubuque,
Iowa and failure of Klauer Manufac-
inring Company to meet the time
schedule for construction of such
manufacturing facilities, then the City
of Dubuque reserves rights to pur-
chase all or portions of said Lots 6, 7, 8
and 9 in Block 1 in River Front Sub-
livision No. 5;
WHEREAS, the City Council of
Dubuque, Iowa has overruled any and
oil objections, oral or written, to the
proposal to grant said amendment to
option agreements under the terms
and conditions of said amendment to
option agreements set out therein.
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque, Iowa:
Section 1. That th~ proposal to enter
into an amendmgnt to option
agreements by and betwean City of
Dubuque, Iowa and Klauer Manufac-
turing Company, Dubuque, Iowa eon.
cerning Lots 6, 7, 8 and 9 in Block i in
River Front Subdivision No. 5 in the
City of Dubuque, Iowa whloh amend-
ment establishes a schedule whereby
Klouer Manufacturing Company must
construct certain manufacturing
'acilities on said lots prior to certain
defined dates or otherwise the City of
Dubuque shall have the right and op-
tion to repurchase all or portions of
said lots 6, 7, 8 and 9 from Klauer
Manufacturing Company at the exact
consideration paid by Klauer Manufac-
turing Company to the City of Dubu-
que for the acquisition of such lots, be
and the same is hereby approved under
the terms and conditions of said
amendmen~ copy of which is hereto
toched and made a part hereof by
Section 2. That the Mayor and City
Clerk be they are hereby authorized
and directed to execute said amend-
ment to option agreements for and on
behalf of the City of Dubuque,
Section 3. That the City Clerk be and
Special Adjourned Session, February 21, 1984 51
she is hereby directed to file a certified
copy of this Resolution in the Office of
the Dubuque County Recorder and the
Office of City Assessor.
Passed approved and adopted this
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
, Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal
Klueener, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Proof of publication, certified to by
the publisher on Notice of Public Hear,
lng to consider vacating a portion of
Huff St., presented and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and fried. Seconded by Council
Member Klueaner. Carried by the
f~llowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
ORDINANCE NO. 4-84
AN ORDINANCE VACATING A
PORTION OF HUFF ST. IN SEARS,
ROEBUCK & COMPANY SUBDIVI-
SION NO. 2, SAID ORDINANCE
HAVING BEEN presented and read
at the Council Meeting of February 20,
1984, presented for final adoption.
ORDINANCE NO. 484
ORDINANCE VACATING A PeR-
TION OF HUFF STREET IN
SEARS, ROEBUCK & COMPANY
SUBDIVISION NO. 2
WHEREAS, Frommelt Building
Corporation have buildings which
encroach on the public right-of~way of
Huff Street, and
WHEREAS, this encroachment is
less than one foot and extends over a
length of 138.94 feet; and
WHEREAS, it is the desire of
Frommelt Building Corporation to
acquire this plot of land in order to
establhh a clear t/tie on the property;
and
WHEREAS, it has been determined
by the City that the vacating of this
portion of Huff Street does not con-
filct with any future plans of the
City.
NOW, THEREFORE be it ordained
by the City Council of the City of
Dubuque, Iowa,
Section 1. That Lot A of Sears, Roe-
buck & Co. Subdivision No. 2 in the
City of Dubuque, Iowa be and the
same is hereby vacated, as a public
tight of way.
Section 2. That the City Clerk be
and is hereby authorized and d/rected
to publish a notice of intent to
vacate a portion of the public right-
of-way in a manner as prescribed by
PASSED, APPROVED AND
ADOPTED this 21st day of February,
1984.
James A. Brady, Mayor
ATFEST:
Mary A. Davis, City Clerk
Published in Telegraph Herald news-
paper this 27th day of February, 1984.
Ma~y A. Davis
City Clerk
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammol,
Kluesner, Manning.
Nays--None.
Abeent--Councll Member Kron-
feldt.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider conveying City
owned property on Huff St. to From-
melt Bldg. Corporation, presented and
read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Council Member Klueener moved
52 Special Adjourned Session, February 21, 1984
that the proof of publ/eation be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote.
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 34~84
Approval of Sale of City Owned Pro-
perty to the Frommelt Rnilding Cor-
poration
WHEREAS, pursuant to resolution
and published notice of time and place
of hearing published in the Telegraph-
Herald, a newspaper of general c/rcula-
tion published on February 10, 1984,
in the City of Dubuque, Iowa, the City
Council of Dubuque, Iowa, met on the
21st day of February, 1984 at 7:30
o'clock p.m. in the Carnegie-Stout
Public Library, 11th and Bluff Street,
Dubuque, Iowa to consider the pro-
posal of disposing of real estate of the
City of Dubuque, Iowa being that pro-
perry as described as follows:
Lot 2 of Subdivision of Lot I of
Sears-Roebuck & Co. Subdivision
No. 2 in the City of Dubuque, Iowa
and Lot 2 of Subdivision of Lot 1
of Lot 1 of Sears-Roebuck & Co. Sub-
division No. 2 in the City of
Dubuque, Iowa, and Lot A of Sears-
Roebuck & Co. Subdivision No. 2 in
the City of Dubuque, Iowa.
Such property to be sold to Frommalt
Building Corporation the con~idera-
tion of $4600 plus the payme~of all
publication and filing fees along with
the granting of a utility easement for
the City of Dubuque; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has overruled
any and all objections, oral or written,
to the proposal to dispose of interest of
the City of Dubuque, Iowa in the
hereinabove real estate to the above
named grantee;
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque, Iowa:
Section 1. That the disposal of the in-
terest of the City of Dubuque, Iowa in
the following described property:
Lot 2 of Subdivision of Lot i of
Sears-Roebuck & Co. Subdivision
No. 2 in the City of Dubuque, Iowa
and Lot 2 of Subdivision of Lot 1 of
Lot 1 of Sears-Roebuck & Co. Subdi-
vision No. 2 in the City of Dubuque,
Iowa and Lot A of Sears-Roebuck &
Co. Subdivision No. 2 in the City of
Dubuque, Iowa,
be in the same as hereby approved for
the total price of $4600; that publica~
tion and recording fees will be the
responsibility of the grantee; the eon-
veyance shall be by Quit Claim Deed
and that no abstract will be furnished
by the City and that said conveyance
shall be subject to the Frommelt
Building Corporation granting a
perpetual easement to the City in, over
and across said property in compliance
with the conditions outlined in the at-
tached "Grant of Easement" which
shall become an entity of this doeu-
rnent.
Section 2. That the City Clerk be and
that she is hereby directed and
authorized to deliver deed of con-
veyance; conveying the above de-
scribed rea/estate to the above named
wantoe upon receipt of the purchase
,rice in full
Section 3. That the City Clerk be and
ihe is hereby authorized and directed
o record a certified copy of this resa/u-
~on in the offices of the City Assessor,
Dubuque County Reqorder and the
Dubuque County Auditor.
Passed approved a~d adopted this
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
yoes--Mayor Brady, Council Mem-
bers Beurskans, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Proof of publication, certified to by
the Publisher on Notice of Public
Hearing to consider amending boun-
darles and plan for the Washington St.
Urban Revitalization Area, presented
and read.
There were no written objections
received and no oral objectors present
at the time set for the Hearing.
Special Adjourned Session, February 21, 1984 53
Council Member Beurekans moved
that the proof of publication be receiv-
ed and fried. Seconded by Council
Membgr Dalch. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurekens, Dalch, Hammel,
Klueaner, Manning.
Nays--None.
Abcent--Council Member Kron-
feldt.
Certificate of Robert Davies certify-
ing notices were given by ordinary
mail to all persons who are owners of
property within proposed area and
Certificate of Planning Technician cer-
tifying notices were sent to City
Development Bd, and plan has been
filed, ali as required by Section
404.2(3) of the 1983 Code of Iowa
presented and read.
Couned Member Beurskans moved
that the certificates be received and fil-
ed. Seconded by Council Member
Dalch. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Dalch, Hammel
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
ORDINANCE NO. 5-84
AN ORDINANCE AMENDING THE
BOUNDARIES AND PLAN FOI9
THE WASHINGTON STREET UR-
BAN REVITALIZATION AREA AS
ESTABLISHED BY ORDINANCE
NO. 40-81, SAID ORDINANCE HAV-
ING BEEN presented and read at the
Council Meeting of February 20, 1984,
presented for final adoption.
ORDINANCE NO. 5-84
AN ORDINANCE AMENDING THE
BOUNDARIES AND PLAN FOR
THE WASHINGTON STREET
URBAN REVITALIZATION AREA
AS ESTABLISHED BY ORDI-
NANCE NO. 40-81.
WHEREAS, Ordinance No. 40-81
established the Washington Street
Urban Revitalization Area; and
WHEREAS, the City Council has
determined that it is necessary in the
interest of the public health, safety
and welfare of the residents of the City
to amend the Urban Revitalization
Plan and expand the boundaries of the
Washington Street Urban Revitaliza-
tion Area to incorporate the following
described property:
Lot 187, 187A, 188, 189, 190, 191, 212,
213, 214i 215 and 216 of East
Dubuque Addition in the City of
Dubuque, Iowa; and
WHEREAS, a public hearing has
been held on an amendment to the
boundaries and plan for the Washing-
ton Street Urban Revitalization area
and ail requirements have been met
pursuant to Chapter 404 of the Cede of
Iowa, 1983.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the boundaries of
the Washington Street Urban Revital-
ization Area as originally established
by Ordinance No. 40-81 are hereby
expanded to incorporate the above~
described property so that the lmun-
daries of the Washington Street Urban
Revitalization Area shall hereafter be
as follows:
Beginning at the intersection of West
14th Street and the alley between
Central Avenue and Iowa Street;
north on said alley to West 17th
Street; east along West 17th Street
to Heeb Street; north on Heeb Street
to the north line of the South one-
half of Lot 1 of City Lot 438 and
City Lot 439 and east part of City
LOt 676, east along said line to Cen-
tral Avenue; north along Central
Avenue to East 20th Street; east
along East 20th to Elm Street, south
along Elm Street to East 15th Street;
east along East 15th Street to Pine
Street; south along Pine Street to
East 14th Street; west along 14th
Street to Central Avenue; continuing
west along West 14th Street to the
point of beginning.
Section 2. That the Washington
Street Revitalization Plan is hereby
amended by the adoption of the
amendment dated January 1984 and
entitled Addendum Washington Street
Area Plan.
Section 3. That said Addendum to
the Washington Street Area Plan
dated January 1984 shall be placed on
file in the Office of the City Clerk,
City Hall, Dubuque, Iowa.
PASSED, APPROVED AND
ADOPTED this 21st day of February,
1984.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 28th day of
Pebruary, 1984.
54 Special Adjourned Session, Februsry 21, 1984
Mary A. Davis
City Clerk
It 2/28
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning,
Nays--None.
Absent--Council Member Kron-
feldt.
Bonding Counsel for First Judicial
District Dubuque Community Correc-
tions Facility submitting initial
documents providing for issuance of
Industrial Revenue Bonds, presented
and read.
Council Member Bearskeas moved
that the documents be received and fil-
ed. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deieh, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 35-84
A Resolution Regarding the Issuance
of Not to Exceed $950,000 in Ag-
gregate Principal Amount of In-
dustrial Development Revenue Bonds
(First Judicial District Department of
Correctional Services Project) of the
City of Dubuque, Iowa Directing
Publication of Notice of Intention to
Issue, and Calling a Public Hearing on
the Proposal to Issue Said Bonds and
Authorizing Execution of a Memaran-
dura of Agreement.
WHEREAS, the City of Dubuque,
Iowa Ihareinafter referred to as the
"City") is a municipal corporation
organized and existing under the laws
and the constitution of the State of
Iowa, and is authorized and em-
powered by Chapter 419 of the Code of
Iowa (hereinafter referred to as the
"Act"), to issue Industrial Develop-
ment Revenue Bonds and loan the pro-
ceeds from the sale of said Bonds to
one or more parties to be used to
defray all or a portion of the cost of
quiring, constructing, improving and
equipping buildings and ira-
provements suitable for the use by a
commercial enterprise, nonprofit
organization or public agency, a "Prc-
}ect" as that term is defined in the
Act, which the City finds cou?sistent
with the Urban Revitalization Area
Plan, as amended, adopted by the Ci-
ty, pursuant to the Act and Chapter
403; Code of Iowa; and
WHEREAS, the City has been re-
quested by First Judicial District
Department of Correctional Services,
an Iowa public agency as established
by Chapter 905.2 of the Code of Iowa
hereinafter referred to as the "Com-
~any"), to authorize and issue its In-
lustrial Development Revenue Bonds
pursuant to the provisions of the Act
for the purpose of the "Project",
which Project will be owned and
operated by the Company or its
assigns; and
WHEREAS, said Project is located
within the area of and is consistent
with and authorized by the Urban
Revitalization Area Plan, as amended
and adopted by the City, and .will pre-
mote urban revitalization, rebvbillta-
tion, and redevelopment of thee City
and will eliminate blighted areas; and
WHEREAS, said Project will create
additional employment opportunities
for residents of the City and the sur-
rounding area, and will add to the
welfare and prosperity of tho City and
its inhabitants; and
WHEREAS, the City has determin-
ed that the amount necessary to
defray all or a portion of tho cost of the
Project, including necessary expenses
incidental thereto, will require the is-
suunce by the City of not to exceed
$950,000 aggregate principal amount
of its Industrial Development
Revenue Bonds pursuant to the provi-
slons of the Act, and it is proposed
that the City loan said amount to Com-
pany, or its Assigns, under a Loan
Agreement between the City and Com-
pany pursuant to which loan
payments will be made by the Com-
pany in amounts sufficient to pay the
principal of and interest and premium,
if any, on said Bonds, as and when the
same shah be due; and
WHEREAS, the Bonds, if issued,
shah be limited obligations of the City,
and shall not constitute nor give rise
to a pecuniary liability of the City or a
charge against its general credit or
Special Adjourned Session, February 21, 1984 55
taxing powers, and the principal of
and interest and premium, if any, on
the Bonds shall be payable solely out
of the revenues derived from the Pro-
ject to be financed by the Bonds; and
WHEREAS, regulations pro-
mulgated under Section 103(c) of the
Internal Revenue Code of 1954, as
amended, may require that the Issuer
of such Revenue Bonds adopt a Bond
Resolution with respect to such
Revenue Bonds or take some other
similar official action toward the is-
suance of such Revenue Bonds prior to
the commencement of construction or
acquisition of materials or equipment
to be used in such industrial activities,
and it is intended that this Resolution
shall constitute "some other similar of-
ficial action" toward the issuance of
the Industrial Development Revenue
Bonds within the meaning of said
federal income tax regnlatiuns; and
WHEREAS, there has been
presented to the City Council a
Memorandum of Agreement, attached
hereto as Exhibit "A" which sets forth
certain mutual undertakings and
agreements between the City and
Company, relating to the farther pro-
cessing and issuance of the City's In-
dustrial Development Revenue Bonds
(First Judicial District Department of
Correctional Services Project) and the
City believes it desirable and in its
best interest that said Memorandum
of Agreement be executed for and on
behalf of the City; and
WHEREAS, before the Bonds may
be issued, it is necessary to conduct a
public hearing on the proposal to issue
the Bonds, all as required and provid-
ed by Section 419.9 of the Act.
NOW, THEREFORE, Be It and It
Is Hereby Resolved by the City Coun-
ell of the City of Dubuque, Iowa, as
follows:
Section 1. A public hearing shall be
conducted on March 19, 1984, at Z'30
o'clock P,M., before this City Council
in the Public Library Auditorium,
Dubuque, Iowa, on the proposal to
issue not to exceed $950,000 aggregate
principal amount of the City's In.
dustrial Development Revenue Bonds
(First Judicial District Department of
Correctional Services Project) pu~
suant to the provisions of the Act, for
the purpose of defraying all or a po~
tion of the cost of the Project, includ-
lng necessary expenses incidental
thereto, and all local residents who ap-
pear at said hearing shall be given an
opportunity to express their views for
or against the proposal to issue such
Bonds; and at said hearing, or any ad.
journment thereof, this City Council
shall adopt a resolution deterg~ining
whether or not to proceed with the is-
suance of said Bonds.
Section 2. The Clerk of the City is
hereby directed to publish one time,
not less than fifteen (15) days prior to
the date fixed for said hearing, in the
Telegraph Herala~ a legal newspaper
~ublished and having a general circula-
lion within the City, a Notice of lnten-
tion to issue said Bonds in substantial-
ly the following for,~'
Notice of Public Hearing
of Intention to Issue
Industrial Development
Revenue Bonds
(First Judicial District Department
of Correctional Services Project)
Notice is hereby given that a public
hearing will be conducted before the
City Council of the City of Dubuque,
Iowa, in the Public Library
Auditorium, Dubuque, Iowa, at 7:30
o'clock P.M., on March 19, 1984, on
the proposal to issue not to exceed
$950,000 principal amount of the
City's Industrial Development
Revenue Bonds (First Judicial District
Department of Correctional Services
Project) pursuant to the provisions of
Chapter 419 of the Code of Iowa, for
the purpose of defraying aH or a por-
tion of the cost of acquiring, construc-
ting; improving and equipping
buildings and improvements suitable
for the use by a commercial enterprise,
nonprofit organization or public agen-
cy, an industrial development project
within the area of and consistent with
the City's Urban Revitalization Area
Plan, as amended, consisting of aequir-
lng, constructing and equipping a
multipurpose building suitable for use
as the Dubuque Community Correc-
t~ons Facility. The proposed facility
will be owned and operated by First
Judicial District Department of Cor-
rectional Services, an Iowa public
agency or its assigns. It is con-
templated that a Loan Agreement will
be entered into between the City and
First Judicial District Department of
Correctional Services, under which the
City would loan to said Company or its
Assigns, the proceeds from the sale of
the Bonds in return for loan payments
from the Company sufficient to pay
56 Special Adjourned Session, February 21,1984
the principal of and interest and
premium, ff any, on such Bonds as the
same shall fall due.
Such Bonds, if issued, and the interest
thereon will be payable solely out of
the revenues derived from the said
Loan Agreement and shall never con-
stitute an indebtedness of said City
within the meaning of any state con-
stitutional provision or statutory
limitation, and shall not constitute nor
give rise to a pecuniary liability of said
City or a charge against its general
~xedit or taxing powers.
All local residents who appear at said
hearing shall be given an opportunity
to express their views for or against
the proposal to issue said Bonds, and
at said hearing, or any adjournment
thereof, the City Council of said City
shall adopt a resolution determining
whether or not to proceed with the is-
suance of said Bonds.
By order of the City Council.
Mary A. Davis
City Clerk
Section 2. The City recognizes that
regulations promulgated under Sec-
~on 103(c) of the Internal Revenue
Code of 1954~ as amended, may require
the taking by this City Council of of-
ficial action or "some other similar of-
fieial action", if interest on Industrial
Development Revenue Bonds issued
by the City and used for the aequisi-
equipping of buildings and ira-
pmvements suitable for the use of a
organization or public agency of such
project is to be exempt from federal in-
exemption in the event this City Coun-
provided for in Section i of this
with the issuance of said Industrial
Development Revenue Bonds, this
solely for federal income tax purposes
official action or "some other similar
official action" with respect to the is-
suanee of such Industrial Develop-
Project for the City of Dubuque, Iowa,
with the resulting public benefits
which will flow from the operation
thereof, it is deemed necessary and nd-
visabis that the Memorandum of
hereto as Exhibit "A", be approved
and that the mayor is authorized and
directed to exeeuto said Memorandum
of Agreement and the Clerk be and
h~reby is authorized to attest the same
and to affix the seal of the City thereto
and said Memorandum of Agreement
is hereby made a part of this Resolu-
Section 4. In order that th~ Project
will not be unduly delayed, Company
is hereby authorized to make such
commitments, expenditures and nd-
canoes toward payment of the costs of
the Projeet as it considers appropriate,
subject to reimbursement from tha prc-
ceede of the Bonds when and if
delivered, but otherwise without
liability on the part of the City.
Section 5. That officials of the City
are hereby authorized to take such fu~
her action as may be necessary to
carry out the intent and purpose of the
Memorandum of Agreement.
Section 0. All resolutions and orders
or parts thereof, in conflict herewith
are, to the extent of such conflicg
hereby repealed, and this Resolution
shall be in full force and effect im-
mediately upon its adoptior~
Adopted and appro~ved, February 21
1984.
Dubuque, Iowa
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Eghihit "A'
Memorandum of Agreement
THIS MEMORANDUM OF
AGREEMENT is between the City of
Dubuque, Iowa, party of the first part
(hereinafter referred to as the "City"),
and First Judicial District Depart-
merit of Correctional Services, an Iowa
public agency, party of the second part
(hereinafter referred to as the "Com-
pany"l.
1. Preliminary Statement. Among the
matters of mutual inducement which
have resulted in the execution of this
Agreement are the following'.
(a) The City is an incorporated muni-
cipullty of the State of Iowa, author-
Special Adjourned Session, February 21,1984 57
ized and empowered by the provisions
of Chapter 419 of the Code of Iowa (the
"Act"), to issue Industrial Develop-
ment Revenue Bonds for the purpose
of defraying all or a portion of the cost
of acquiring, constructing and eqaipp-
fug a multipurpose building suitable
for use as the Dubuque Community
Corrections Facility which qualifies as
an industrial projects as defined
therein which the governing body of
the City finds consistent with the
City's Urban Revitalization Plan, as
amended; and
(b) In order to add to the welfare and
prosperity of the City and of its in-
habitants, the City proposes to loan to
the Company funds to finance the ac-
quisition, construction and equipping
of a multipurpose building suitable for
use as the Dubuque Community Cor-
rections Facility (herein referred to as
the "Project"); and
(c) In view of the rising construction
costs, it is considered essential that ac-
quiaition and construction related to
the Project commence at the earliest
practicable date, and that orders be
placed for acquiring the necessary im-
provements and equipment. In view of
the difficulty of obtaining other finan-
cing for the Project, the Company
desires satisfactory assurances from
the City that the proceeds from the
sale of Industrial Development
Revenue Bonds of the City will be
made available in an amount sufficient
to finance ali or a portion of the cost of
the Project, which cost, including the
expenses related to the issuance of the
Bonds. is presently estimated not to
exceed $950,000.
(d) Representatives of the City have
indicated the willingness of the City to
proceed with and effect such financing
as an inducement to the Company to
expand and locate the Project in the
City and the City has advised the
Company that, subject to due com-
pliance with ali requirements of law
and the obtaining of aH necessary con-
sents and approvals and to the hap-
pening of aH acts, conditions and
things required to exist, happen and
be performed precedent to and in con-
nection with such financing in due
t~me, form and manner as required by
law, the City, by virtue of such
statutory authority as may now exist
or may hereafter be conferred, will
issue and sell its Bonds in an amount
sufficient to finance ali or a portion of
the cost of the Project, which cost, in-
cluding the expenses related to the is-
suance of the Bonds, is presently
estimated not to exceed $950,000.
lc) The City considers that the
undertaking of the Project will add to
the welfare and prosperity of the City
and that of its inhabitants.
2. Undartakinge on the Part of the
City. The City agrees as follows:
(a) That it will authorize, or cause to
be authorized, the issuance and sale of
an issue of its Bonds, pursuant to the
terms of the Act as then in force, in an
aggregate principal amount sufficient
to finance ali or a portion of the cost of
the Project, which cost, including the
expenses related to the issuance of the
Bonds, is presently estimated not to
exceed $950,000.
(b) That it will cooperate with Com-
puny to sell the Bonds upon mutually
ngceoable terms, and it will adopt, or
cause to be adopted, such proceedings
and authorize the execution of such
documents as may be necessary or ad-
visable for the anthorrizatlon, is-
suanca and sale of the Bonds and the
financing of the Project as aforesaid,
and the entering into a Loan Agree-
ment with the Company with respect
to the Project, all as shall be authoriz-
ed by law and mutually satisfactory to
the City and the Company.
(c) That the aggregate basic
payments (i.e. the payments to be used
to pay the principal of and premium, if
any, and interest on the Bonds)
payable under the Loan Agreement
shall be such sums as shall be suffi-
c~ent to pay the principal of and in-
terest and redemption premium, if
any, on the Bonds as and when the
same shah become due and payable.
(d) That it will take or cause to be
taken such other acts and adopt such
further proceedings as may be re-
quired to implement the aforesaid
undertakings or as it may deem ap-
propriate in pursuance thereof.
3. Undertakings on the Part of the
Company. The Company agrees as
follows:
(a) That it will cooperate with the Ci-
ty to sell the Bonds in an aggregate
principal amount as above stated; pro-
vided, however, that the terms of the
Bonds and of the sale and delivery
thereof shah be mutually satisfactory
to the City and the Company.
(b) That it will enter into a contract
or contracts for the acquisition, con-
struction, improvement and equipping
of buildings and improvements suit-
able for the usa of a commercial enter-
prise, nonprofit organization or public:
agency and take the other necessary
steps toward the realization of the Pre-
jsat.
(c) That contamporaneously with the
sale of the Bonds it will execute a Loan
Agreement with the City under the
terms of which the Company will
obligate itsaff to pay to the City sums
sufficient in the aggregate to pay the
principal of and interest and redemlr
tion premium, if any, on the Bonds as
and when the same shell become due
and payable, such instrument to con-
tein other provisions required by law
and such other provisions as shall he
mutually acceptable to the City and
the Company.
(d) That it will take such further ac-
tion and adopt such further pro-
ceedinge as may be required to imple-
ment its aforesaid undertakings or as
it may deem appropriate in pursuance
thereof.
4. (]enerdi Frovisions.
(a) Ali commitments of the City
under paragraph 2 hereof and of the
Company under paragraph 3 hereof
are subject to the condition that on or
before December 1, 1984, (or such
other date as shall be mutually
satisfactory to the City and the Com-
pany), the City and the Company shall
have agreed to mutualiy acceptable
terms for the Bonds and of the sale
and delivery thereof, and mutually ac-
ceptable terms and conditions of the
documents referred to in paragraph 3
and the proceedings referred to in
paragraphs 2 and 3 hereof.
(b) Whether or not the events set
forth in (a) of this paragraph take place
within the time set forth or any exten-
sion thereof, the Company agrees that
it will reimburse the City for all
reasonable and necessary direct out-of-
pocket expenses which the City may
incur, including but not limited to,
legal fees, printing and publication
costs and filing fees arising from the
execution of this Agreement and the
performance, or preparation to par-
form by the City of its obligations
hereunder, or done at the request of
the Company.
lc) An commitments of the City
hereof are further subjcct to the cendi-
fions that the City, and its elected and
appointed officials, shall in no event in-
cur any liability for any act or orals-
sion hereunder, and that the Bonds
Special Adjourned Session, February 21, 1964
deecrihed herein shall not constitute
an indebtedness of the City within the
meaning of any constitutional or
statutory provision and shall not con-
stitute nor give rise to a pecuniary
liability of the City or a charge against
its general credit or taxing powers.
IN WITNESS WHEREOF the per-
ties hereto have entered into this
Agrsament by their officers thereunto
duly authorized as of the 21st day of
February, 1984.
City of Dubuque, Iowa
James E. Brady
Mayor
Aq~rEST:
Mary A. Davis
City Clerk
First Judicial District
Department of Correctional
Services
Robert Davies
District, Director
ATTEST: (~
Mary E. Spencer
Notary Public
February 10, 1984
Council Member Beurekens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurekens, Daich, Hammel,
Kluesnor, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of Historic Preser-
vation Commission approving name
change of Lower Bluff St. District,
presented and read.
Council Member Beurskens moved
that the communication he received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Kluesnor, Manning.
Nays--None.
Absent--Council Member Kron-
foldt,
Special Adjourned Session, Februm'y 21, 19~4
An ORDINANCE Amending the
Code of Ordinances by deleting title of
designated "Lower Bluff Street
Historic Preservation District" and
substituting the title "Cathedral
Historic Preservation District" in lieu
thereof, presented and read,
Council Member Beurekens moved
that this reading be considered the
first reading of the Ordinance. Second-
ed by Council Member Manning. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich,
Kluesuer, Manning.
Nays--None.
Absent--Council Member Kron-
foldt.
Council Member Beurskens moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, he dispensed with. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurekens, Daich, Hammei,
Klusauar, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Council Member Beurekene moved
that a Public Hearing he held on the
Ordinance on March 19, 1984 at 7:30
· p.m. in the Public Library Auditorium
and that the City Clerk publish notice
in the manner prescribed by law.
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskeua, Deich, Hammel,
Kluasner, Manning.
Nays--None.
Absent--Council Member Kron-
foldt.
Communication of City Manager
submitting Resolutions (8) providing
for the publications of official notice of
the public hearing for adoption of the
Fiscal Year 1985 Budget, presented
and read.
Council Member Beurskene moved
adoption of the Communication.
Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskeua, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feidt.
RESOLUTION NO. 36-84
Setting the Date of Public Hearing on
the Fiscal Year 1985 Budget for the Ci-
ty of Dubuque, Iowa.
WHEREAS, Section 384.16 of the
Cede of Iowa provides that the City
Council shall sat a time and place for
public hearing on the budget before
the final certification date and shall
notice before the hearing as
Section 362.3 of the Code
of Iowa.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council
shall conduct a public hearing on the
proposed 1984-1985 budget of the City
of Dubuque at the Five Flags Theater,
4th and Main Streets, Dubuque, Iowa
on Monday, March 12, 1984, beginning
at 7:30 P.M.
Section 2. That the City Clerk be and
is hereby authorized and directed to
according to law Notice of
Public Hearing together with the re.
quired budget informatio~
Passed approved and adopted this
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beorskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammei,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
foldt.
RESOLUTION NO. 37-84
Setting the Date of Public Hearing on
the Five Year Capital Improvement
Program
WHEREAS, fl proposed five year
Capital Improvement Program for the
Special Adjourned Session, February 21, 1984
City of Dubuque has been prepared
and subn~Atted to the City Council; and
WHEREAS, the capital projects for
the first year are included in the Fiscal
Year 1985 budget for the City of
Dubuque; and
WHEREAS, it is deemed to be in
the best interest of the City of Dubu-
clue to conduct a public hearing and to
adopt the five year Capital Improve-
ment Program simultaneously with
the public hearing and adoption of the
Fiscal Year 1985 budget for the City of
Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the City Council
shall conduct a public hearing on the
five year Capital Improvement pro-
gram at the Five Flags Theater, 4th
and Main Streets, Dubuque, Iowa on
Monday, March 12, 1984, beginning at
7.'30 P.M.
Section 2. That the City Clerk be and
is hereby authorized and directed to
publish Notice of Public Hearing of the
meeting.
Passed approved and adopted this
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Daich, Hammel
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 38-84
Authorizing Publication of Notice of
Public He~rtng for the Use of Com-
muulty Development Block Grant
Funds
WHEREAS, the City of Dubuque is
entitled under Title I of the Housing
and Community Development Act of
1974, as amended, to certain Com-
munity Development Block Grant
Funds; and
WHEREAS, the regulations govern-
ing the subn~Asslon of a statement of
intent for suck funds require that
citizens be provided with adequate in-
formation concerning the Community
Development Block Grant Program
and an adequate opportunity to par-
ticipate in the development of the sub-
mission and in the development of any
revisions, changes or amendments;
and
WHEREAS, it has been deemed to
be in the best interests of the Com-
muaity Development Block Grant
Program to hold a hearing to supple-
ment previously held neighborhood
meetings, meetings with private and
public agencies, City Manager's
budget meetings, and the public
meeting conducted by the Community
Development Conu~ssion; and
WHEREAS, it is further deemed to
be in the best interests of the City of
Dubuque to hold such public hearing
simultaneously with the public hear-
~ng on the five yea~ Capital Improve-
ment Program and the Fiscal Year
1985 budget for the City of Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Clerk be and
is hereby authorized and directed to
publish notice of the public hearing in
the form of Exhibit "A" attached
hereto and made a part thereof
Passed approved and adopted this
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution, Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskans, Deich, Hammel,
KIuesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
Special Adjourned Session, February 21, 1984
61
submitting material regarding applica-
tions (5) for property tax exemptions
filed under the Dubuque Urban
Revitalization Program, presented
and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamme]
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 39-84
A Resolution Approving Tax Exemp-
tian Applications Submitted by Pro-
party Owners in the Jackson Park and
West Eleventh Street Urban Rev~.
telization Areas, and Authorizing the
Transmittal of the Approved Applies-
fions to the City Tax Assessor.
WHEREAS, Chapter 404 of the
Code of Iowa, 1983, known as tho Ur-
ban Revitalization Act, allows cities t~
give property tax exemptions for im-
provements made to properties in a
designated urban revitalization area
and
WHEREAS, the Urban Revitaliza-
tion Act requires each property owner
to submit a written exemption applies.
tion by February I of the assessment
year for which the exemption is being
first claimed, and further requires the
governing body of the city to approve
all applications that meet the re-
quirements of the adopted Urban
Revitalization Plan and forward the
approved applications to the local
assessor for review by March 1 of each
year; and
WHEREAS, pursuant to the re-
quirements of said Urban Revitaliza-
tion Act, City Ordinances 74-80, 15-81
and 40-81 established the Jackson
Park, West Eleventh Street and
Washington Street Urban Revitaliza-
tion Areas, respectively; and
WHEREAS, the City Clerk of the
City of Dubuque, Iowa, as of February
1, 1984, received tax exemption ap-
plications from owners of property as
follows:
Ellen and Francis Henkels for ira-
provements to property at 1576
Locust,
Lewis and Barb Robinson for im-
provements to property at 570
Wilbur Lane,
Rodney Cooper for improvements
to property at 586-590 Arlington
Charles Klein for improvements to
property at 375-377-1/2 West Seven-
teenth Street,
Stephen and Judy Selchert for im-
provements to property at 620-628
Lorae; and
WHEREAS, Staff of the City's
Community Development Department
have reviewed the above-deecribed ap-
plications and inspected the proper.
ties, and have determined that the ap-
plications and the improvements con-
form to ali requirements of the City of
Dubuque's Urban Revitalization Plan.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
S~ction 1. That the above.d~serihed
tax exemption applications meet all re.
quir~ments of the City of Dubuque's
Urban Revitalization Plar~
Section 2. That the above-described
tax exemption applications are hereby
approved by the City Counci~ subject
to the review and the approval of the
City Assessor.
Section 3. That the City Clerk of the
City of Dubuque, Iowa, is hereby
authorized to forwa~l the above.
described tax exemption applications
to the City Assessor.
Passed approved and adopted this
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Daich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
submitting Resolution providing for
Special Adjourned Session, February 21, 1984
publication of Notice of Availability of
Calendar Year 1983 Grantee Parlor-
manee Report, presented and read.
Council Member Beurakens moved
that the communication be received
and filed. Seconded by Council
Member Dcich. Carried by the follow-
lng vote:
Yeas--Mayur Brady, Council Mem-
bers Beurakene, Deich, Hammel,
Klueaner, Manning.
Nays--None.
Abeent--Councll Member Kron-
fsi&.
RESOLUTION NO. 40-84
A Resolution Authorizing Publication
of Notice of Availability for Public In-
spectinn of Certain Community
Development Block Grant Documents
WHEREAS, the Annual Grantee
Performance Report is to be submitted
to the U.S. Department of Housing
and Urban Development for process-
ing; and
WHEREAS, Section 570.300 lb) of
the Community Development Block
Grant Program required that
reasonable effort shall be made to in-
form citizens involved in or affected by
tho local Community Development
Program that the Annual Grantee Per-
refinance Report ia available for in-
spection to interested parties upon re.
quest; and
WHEREAS, Section 570.906 (c), as
amended, required that there be public
notice of the availability of the Annual
Grantee Performance Report for in-
spectinn by the public, prior to submis-
sion.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Clerk be and
she is hereby authorized and directed
to publish in the Dubuque Telegraph
Herald, a newspaper of general eircula,
tion within the City, public notice in
the form of Exhibit A, attached hereto
and made a part hereof.
Passed approved and adopted tins
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Dcich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskans, Daich, Hammel,
Klansner, Manning.
Nays--None.
Abeent--Councfl Member Krun-
fcidt.
Communication of City Manager
submitting Resolution regarding ap-
plication to Housing and Urban
Development for participation in the
Rental Rehabilitation Demonstration
Program, presented and read.
Council Member Kluesnar moved
that the communication be received
and filed. Seconded by Council
Member Beurskeas. Carried by the
following vote:
Yeas--Mayur Brady;Council Mem-
bets Beurskens, D~Ich,
Hammel,
Kluesner, Manning.
Nays--None.
Absant--Council Member Kron-
foldt.
RESOLUTION NO. 41-84
A Resolution Authorizing Application
to the U.S. Department of Housing
and Urban Development (HUD) for
Participation in the Rental Rehabilita-
ilon Demonstration Pro,ram.
WHEREAS, the City of Dubuque
operates a Housing Rehabilitation
Program for the investor-owned pro-
parties, funded by Community De-
vciopment Grant Entitlement money;
and
WHEREAS, the City of Dubuque's
current Housing Strategy and Hous-
ing Assistance Plans urge participa-
tion in any new HUD programs
directed at improving the existing
housing stock; and
WHEREAS, HUD has issued an in-
vitation to the City of Dubuque to app-
ly for participation in its Rental
Rehabilitation Demonstration Pro-
gram on or before February 21, 1984,
at 5:00 p.m.; and
WHEREAS, the proposed program
Special Adjourned Session, February 21, 1984
is directed at improving the existing
housing stock through a flexible sub-
sldy financing mechanism utilizing
locally allocated funds and HUD-
allocated Section 8 Certificates.
NOW, THEREFORE, BE IT
EESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That the City Council
hereby affirms and authorizes the City
Manager's action whereby the
authorized submission of an applies.
tion for participation in the RENTAL
REHABILITATION DEMONSTRA.
TION PROGRAM prior to February
21, 1984, in the form attached harew,
pledging a set. aside of $5~000 CDBG
Rental Rehabilitation Loan Funds
from the recommended Fiscal Year
1985 City Budge~
Section 2. That the Mayor is hereby
authorized and directed to execute a
statement certifying the willingness of
the City of Dubuque to comply with
program design requirements
established by HUD, indicating
authorization of a set-aside of $50,~00
from the recommended Fiscal Year
1985 Housing Rehabilitation Program
Budget and indicating the City of
Dubuque's willingness to assume the
required responsibilities for ad-
ministration of Section 8 Certificates,
which may be allocated by HUD, in its
rolo as a legally established Public
Housing Agency.
Passed approved and adopted this,
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded
by Council Member Bearskana. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Hammai,
Klansner, Manning.
Nays--None.
Absent--Council Member Kron-
fei&.
Communication of City Manager
submitting Ordinance regarding park-
ing at 18th Street Municipal Bldg.,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Klueener. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
ORDINANCE NO. 6-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A SECTION 25-270
THEREOF PROVIDING FOR
RESERVE PARKING AT THE 18TH
STREET MUNICIPAL BUILDING,
presented and read.
Council Member Beurskens moved
that the reading just had. be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Klueener. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammai,
Klueener, Manning.
Nays--None.
Abeent--Council Member Kron-
feldt.
Council Member Bearskens 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 Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bars Beurakens, Dcich, Hammel,
Klueener, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
ORDINANCE NO. 6-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY!
ENACTING A SECTION 25-270
THEREOF PROVIDING FOR
RESERVE PARKING AT THE
18TH STREET MUNICIPAL
BUILDING ,
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi~
Special Adjourned Session, February 21, 1984
nantes of the City of Dubuque, Iowa
be amended by enacting a Section 25-
270 thereof as follows:
~*Sec. 25-270. Reserve City-Owned
Vehicle parking
(a) When appropriate signs have
been posted, spaces to accommodate
not more than three vehicles are
hereby set aside adjacent to the 18th
Street Municipal Building for the
parking of City-owned vehichis
assigned to City employees whose
offices are located in the 18th Street
Municipal Building.
(b) It shall be unlawful for the oper-
ator of shy vehicle to stop, stand or
park within such space unless and until
an appropriate vehicle emblem issued
by the City Manager authorizing such
parking is prominently displayed from
the interior of said vehicle."
passed, approved and adopted this
21st day of February, 1984.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
February, 1984.
Mary A. Davis
City Clerk
It 2/27
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Dalch, Hammal,
Kluesnec, Manning. Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
submitting Resolution adopting Sup-
plement No. 20 to the Code of Or-
dinancea, presented and read.
Council Member Klueaner moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning. Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 42-84
Adopting Supplement No. 20 to the
Code of Ordinances of the City of
Dubuque, Iowa
WHEREAS, under date of
November 16, 1981 the City Council,
pursuant to Ordlnances 63-81,
readopted the Code of Ordinances of
the City of Dubuque for ordinances
adopted up to and including March 10,
1981; and
WHEREAS, since March 10, 1981
the City Council of the City of Dubu-
que, Iowa, has adopted certain or-
dinances amending the Code of Or-
dinances 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-
plamente, by resolution, become part
of the Code of Ordinances.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
/
Section 1. That Supplement No. 20 to
the Code of Ordinances of the City of
Dubuque, Iowa, covering ordinances
adopted by the City Council of the City
of Dubuque, lows, up to and through
November 7, 1983 printed by the
Municipal Code Corporation,
Tallahassea, Florida, hereto filed in the
office of the City Clerk Of the City of
Dubuque, Iowa, be and is hereby
adopted and becomes part of the Code
of Ordinances of the City of Dubuque,
Passed approved and adopted this
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member KIuesner moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskene, Deich, Hammal,
Kluesner, Manning.
Nays--None.
Abeent--Council Member Kron-
feldt.
Communication of City Manager
submitting Resolution supporting the
of Cities in its peel-
the United States House of
Special Adjourned Session, February 21, 1984
Representatives regarding Cable
Television Services legislation,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Delch. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 43-84
Proteetlng the Integrity of the
Dubuque Cable Delivery Services
Franchise
WHEREAS, the geographical laca-
tion and topographical features of the
City of Dubuque necessitates cable
delivery services for the reception of
"off the air" and other cable signals;
and
WHEREAS, the City of Dubuque
after approval of the voters of the City
of Dubuque entered into and agreed to
a franchise for cable delivery services
with a cable operator on terms accep-
table to both the City and cable
operator; and
WHEREAS, the presence of a
strong role by the City of Dubuque in
overseeing the franchise agreement to
ensure quality pictures and services at
fair prices, the stimulation and ap-
propriate use of community access
channels and the institutional loop,
and the promotion and utilizatlan of
the government channel is essential to
assure that the contractual obliga-
tions of both the City of Dubuque and
the cable operator are carried out in
the best interests of the residents of
the City of Dubuque; and
WHEREAS, tho United States
House of Representatives has and is
deliberating on federal cable television
legislation, which if enacted in its sug-
geared form will seriously interfere
with the contractual rights freely
entered into by the City of Dubuque
and the cable operator.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE
IOWA:
Section 1. That the City of Dubuque
fully supports the position of the Ns.
tional League of Cities in its efforts to
achieve cable legislation consistent
with the goals set forth in the Cable
Resolution adopted by the membe~
ship of the National League of Cities at
its annual business meeting held on
November 30, 1983 in New Orleans,
Louisianw
Section 2. That the City Clerk of the
City of Dubuque, Iowa is hereby
authorized and directed to send
tiffed copies of this Resolution to
members of the lows Congressional
Delegation and to the National League
of Cities.
Passed approved and adopted this
21rst day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal,
Klueaner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
submitting final report relating to
Cable Repair Services (referral from
Council Meeting of Jan. 3, 1984)
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Manhing. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
ORDINANCE NO. 7-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SUBSECTIONS (s), (b),
fi), (g), (o), (t), (v) and (w) OF SECTION
36-183 THEREOF AND ENACTING
NEW SUBSECTIONS (a), (b), (f), (g),
Special Adjourned Session, February 21,1984
(o), (t), (v), AND (w) OF SECTION
36-183 IN LIEU THEREOF PRO-
VIDING FOR INSTALLATION
CHARGES, COLLECTION CHARG-
ES AND BAD CHECK CHARGES
FOR CABLE SERVICES, presented
and read at the Council Meetings of
January 16, 1984 and February 6,
1984, presented for final adoption.
ORDINANCE NO. 7-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REPEALING SUBSECTIONS (a),
(b), if), (g), (o), (t), (v), AND (w) OF
SECTION 36-183 THEREOF AND
ENACTING NEW SUBSECTIONS
(a), (b), if), (g), (o), (t), (v), AND (w)
OF SECTION 36-183 IN LIEU
THEREOF PROVIDING FOR
INSTALLATION CHARGES, COL-
LECTION CHARGES AND BAD
CHECK CHARGES FOR CABLE
SERVICES.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Cede of Ordi-
nances of the City of Dubuque, Iowa
be amended by repealing subsections
(a), (b), (f), (g), (o), (t), (v), and (w)
of Section 36-183 thereof and enacting
new subsections (a), (b), (f), (g), (o),
(t), (v), and (w) of Section 36-183 in
lieu thereof as follows:
"Sec. 36-183. Monthly subscriber
rates and charges.
(a) Single residential unit, basic set-
Installation charge - Twenty four
dollars and ninety-five cents ($24.95).
Operator-owned converter, monthly
- Eight dollars and twenty-five cents
($8.25).
Subscriber - owned converter
monthly - Eight dollars and twenty-
five cents ($8.25).
(b) Multiple dwelling unit (per unit
billing), basic service:
Installation charge - Twenty four
doilam and ninety-five cents ($24.95).
Operator-owned converter, monthly
. Eight dollars and twenty-five cents
($8.25).
Subscriber - owned converter
monthly - Eight dollars and twenty-
five cents ($8.25).
(f) Senior citizen rate (subscribers must
provide proof that they are over sixty-
five (65) years of age and head of
household), basic service:
Installation charge - Twenty four
dollars and ninety-five cents ($24.95).
Operator-owned converter, monthly
Seven dollars and forty-two cents
$7.42).
Subscriber - owned converter,
monthly - Seven dollars and forty-two
cents ($7.42).
(g) Contract rate (available only to
subscribers who have a valid "life-
thne" contract), basic service:
Installation charge - Twenty four
doilam and ninety-five cents ($24.95).
Operator-owned converter, monthly
- Six dollars and seventy-five cents
($6.75).
Subscriber - owned converter,
monthly - Six dollars and seventy-five
cents ($6.75).
(o) Collection charge (includes at-reel-
dence collection after notice to sub-
~riber of time) - Ten dollars ($10.00).
(t) Bad or returned check charge - Ten
dollars ($10.00).
(v) Interactive service:
Installation - Twenty four dollars
and ninety-live cents ( $~24.95 ).
Equipment cost - Three dollars
$3.00).
Monthly rate - Five dollars ($5.00).
(w) Pay television service: Showtime:
Installation charge - Twenty four
dollars and ~dnety-five cents ($24.95).
Monthly rate - Nine dollars and
ninety-five cents ($9.95). Home Box Office:
Installation charge - Twenty four
dollars and ninety-five cents ($24.95).
Monthly rate - Nine dollars and
ninety-five cents ($9.95). Cinemax:
Installation charge - Twenty four
dollars and ninety-five cents ($24.95).
Monthly rate - Nine dollars
ldnety-five cents ($9.95).
Home Theater Network Plus:
Installation charge - Twenty four
~ollars and ninety-five cents ($24.95).
Monthly rate - Six dollars and
ninety-five cents ($6.95).
Second and third pay services shall
be discounted two dollars ($2.00) each.
)iscount does not apply to Home The-
ater Network Plus.
passed, approved and adopted this
21st day of February, 1984.
James E. Brady, Mayor
~q~EST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
February, 1984.
Mary A. Davis
City Clerk
it 2/27
Council Member Beurskena moved
final adoption of the Ordinance.
Special Adjourned Session, February 21, 1984
Seconded by Council Member Mann-
lng Carried by the following vote:
Yeas--Mayor Brady, Couocfl Mem-
bers Beurskens, Deich, Hammal,
Kluesnar, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Discussion on reconstruction of
John F. Kennedy Road from Penn-
sylvania Ave. to University Ave., after
discussion, consensus of Council opi-
nion advised Staff to proceed with
Discussion of Street Program for
Calendar Year 1984, upon discussion
Council directed Staff to proceed as
perceived.
RESOLUTION NO. 444~4
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 Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Patricia Lombardi Schuster
Ms. Pat's
1630 East 16th St.
Eobert A. Mehrl
Milk House
2311 Windsor Ave.
Passed aPproved and adopted this
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurekene, Delch, Hammel,
Klnasnar, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 45-84
WHEREAS, Appllcationa for Beer
Permits haYe I~en submitted and fried
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper 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 ap-
CLASS "C" BEER PERMIT
Brian's Inc.
3305 Asbury Rd.
(Also Sunday Sales)
Lucky Stores, Inc.
1800 Elm St.
(Also S~mday Sales)
Lucky Stores, Inc.
2050 J. F. Kennedy Rd.
Also Sunday Sales)
Robert A. Mehrl
2311 Windsor Ave.
~ Sales)
Passed approved and adopted this
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurekens moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dalch, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 46-84
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spectod and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
Special Adjourned Session, February 21, 1984
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appll-
cant(si a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
PatHcia Lombardl Schuster
1630 E. 16th St.
(Also Sunday Sales)
Apartments Ltd.
Kennedy Mall
(Also Sunday Sales)
Dennis J. & Sandy J. Zirkelbach
1046 Central Ave.
(Also Sunday Sales)
Passed approved and adopted this
21st day of February, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kinesner. Carried
by the following vote:
Yeas--Mayor Brady. Council Mem-
bets Beurskens, De/ch, Hammel
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
MINUTES SUBMITTED: Airport
Commission of 1/24; Cable
TeleProgramming Commission of
1/12; Cable TV Regulatory Commis-
sion of 1/18; Civil Service Commission
of 1/4; Public Library Bd. of 1/17;
presented and read.
Council Member Beurskens moved
that the minutes be received and filed.
Seconded by Council Member
Kinesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De/ch, Hammel,
Kluesner, Manning.
Nays--None.
Honorable Mayor and
Members of the City Council
Absent--Councri Member Kron-
!eldt.
NOTICES OF SUITS AND CLAIMS:
Daniel W. Bauer in unknown amt. for
personal injuries and property
damages; AID Insurance Co. on behalf
of their client Jill Honkamp hi amt. of
$1,881.04 for vehicle damages; Ben
Meyer in unknown afnount for per-
eanal injuries; Craig J. Pape in amt. of
$100,000 for punitive and actual
damages and attorney fees; Wm.
Pender hi amt. of $1 879.51 for proper-
ty damages; Wm. Poinsett in amt. of
$145.80 for personal i~jurlas; Marilyn
Shabino in amt. q f $100 for car
damages, Presented and read.
Council Member Beurskens moved
that the suits and claims be referred to
the Legal Dept. for investigation and
report. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De/ch, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Krone
feldt.
Communication of Corporation
Counsel recommending settlement of
personal injury claim of Yvonne Frye
in the amount of $1,500.00, presented
and read.
Council Member Beurskens moved
that the communicatlon be received
md filed and settlement approved and
Finance Director to issue proper
check. Seconded by Council Member
Kluesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Delah, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
February 13, 1984
In Accordance with the provisions of Chapter 400 of the 1983 Code of Iowa,
the Civil Service Commission conducted Promotional Examinations on January
24 and 26, 1984 for members of the Police Department.
The follow ng members of the police Department have passed the written pro-
motioanl examinations with an average of seventy percent (70%) or better. Posi-
tions of Detective and Sergeant consist of 10 top scores oniy.
Special Adjourned Session, February 21, 1984
69
DETECTIVE SERGEANT
Charles Swanton
Thomas E. Cailahan
Paala D. Gieseman
Dennis Strumberger
Robert Pr/ne
Thomas Raschke
John Galle
Richard Hanten
Kevin McTague
Thomas Schmeichel
Thomas Cailahan
Thomas Raschke
Cyril Oswald
Pania Glaseman
Charles Swanton
Robert Prine
Dennis Strumberger
Robert Flannery
Shane O'Brien
William Davis
CAPTAIN
William Gravatt
Thomas Fessler
Paul Feller
Mark K/sting
John Stevens
Cyril Oswald
James Hynes
Gerald Hirsch
A second list is available for the positions of Detective and Sergeant.
All promotions within the Police Department should be made from the above
lists.
(John E. Hess)
Chairperson
(Gerald J. Koppes)
(Dolores A. Re/hie)
Civil Service Commission
ATTEST:
Mary A. Davis
Secretary
Council Member Beurskens moved
communication be received & fried and
made a matter of record. Seconded by
Council Member Kluesner. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De/ch, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
REFUNDS REQUESTED: Robert
Gross, $25 on unexpired Cigarette
License and Hugh Watson, $50 on
unexpired Cigarette License,
presented and read.
Council Member Beurskens moved
that the requests be approved and
Finance Director to issue proper
checks. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De/ch, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Proof of publication, certified to by
the Publisher, On List of claims for
month of December, 1983; Conununi-
cation of City Manager submitting
reports of Finance Director and Depu-
ty Finance Director for month of
February, 1984, presented and read.
Council Member Beurskens moved
that the proof and communication be
mceived and filed. Seconded by Coun-
cil Member Kinesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
faldt.
Attorney Arthur Gilloon submitting
proposal by Edward Zenner and Roger
I-Ianselman regarding to purchase by
the City of Dubuque a housing inspec-
tion services for Fiscal Year 1985 and
beyond, presented and read.
Counc'fl Member Beurskens moved
that the proposal be received and filed
and referred to the Budget. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deinh, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
submitting a brief sunnnary of public
meeting held by him on Fiscal Year
1985 Budget, presented and read.
Council Member Beurskans moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Klueaner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
8:30 p.m. Council Member Manning
moved to go into Closed Session with
Council regarding imminent litigation.
Seconded by Counc'd Member Beur-
skans. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Klueener, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
8:49 p.m. Council reconvened.
Mayor advised that the Legal Dept.
had been given direction regarding
litigation.
There being no further business
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
Special Adjourned Session, February 21,1984
hers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Mary A. Davis
City Clerk
Approved _1984
Adopted 1984
Mayor 5
Council Members
ATTEST:
City Clerk
Regular Session, March 5, 1984
71
CITY COUNCIL
OFFICIAL
Regular Session, March 5, 1984.
Council Met at 7:30 o'clock p.m., in
the City Hall Council Chambers.
Present--Mayor Brady, Council
Members Beurskens, Hammel, Kinee-
ncr, Kronfeldt, Assistant City
Manager Gent Wittenberg, Corpora-
tlon Counsel William G. Binm.
Absent--Council Members Delch,
Manning, City Manager W. Kenneth
Gearhart.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is the
Regular Monthly Meeting of the Coun-
dl called for the purpose to act upon
such business which may properly
come before the Council.
Invocation was given by Father A1
Vorwald, Associate Phstor of Reeur-
rection Catholic Church.
PROCLAMATIONS: March 11 thru
17 as "Girl Scout Blue Star Week"
received by Judy Tigges; March 12
thru 16 as "Employ the Older Worker
Week."
Communication of City Manager
submitting documents providing for
the expenditure of funds for the
demolition of the trickling filters, the
associated clean-up and the repair of
related plant facilities at the
Wastewater Treatment Plant,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Klueener. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hamme], Kluesner,
Kronfeldt.
Nays--None.
Absent--Council Members Deich,
Manning.
RESOLUTION NO. 47-84
WHEREAS, a structural appraisal
has been made on the condition of the
south trickling filter dome at the
Wastewater Treatment Plan~, ~nd
WHEREAS, said structural ap-
praisal has indicated that collapse of
said dome is imminent, and
WHEREAS, an unanticipated col-
lapse of the dome mayresultin serious
loss or injury.
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the delay of public
advertising and a public letting could
cause serious loss or injury to the City.
Section 2. That the City deems the
demolition and removal of the south
trickling filter dome at the Wastwater
Treatment Plant to be an emergency
under Section 384.103 of the Code of
Ioww
Section 3. Tha~ the City Manager be
authorized anddirected to proceed
with the demolition and removal of the
south trickling filter dome.
Passed adopted and approved this
5th day of March, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Counc'fl Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Klueener. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Hammel, Kluesner,
Kronfeldt.
Nays--None.
Absent--Counc'd Members Deich,
Manning.
(Necessity for Improvement)
RESOLUTION NO. 48-84
WHEREAS, a proposed plan has
been submitted to and approved by
the City Council of the City of Dubu-
que, Iowa, and is now on file in the of-
rice of the City Clerk showing the
estimated cost for demolition of the
domes covering the trickling filters
and the associated clean-up and repair
of plant facilities at the Wastewater
Treatment Plant.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
walfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
siderution of this proposed resolution