1984 November Council ProceedingsRegular Se~ioa November 5,1984 469
468 Special Session, October 29,1984
CITY COUNClLI
OFFICIAL
Special Session, September 29, 1984.
Council Met at 7:30 o'clock p.m,, in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Benrskans, Deich, Hammei,
Kluesner, Kronfoldt, Manning, City
Manager W. Kenneth Gearhart.
Absent--Corporation Counsel
William G. Bhim.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to CONSIDER IS-
SUANCE OF CLASS "C" (COM-
MERCIAL) BEER & LIQUOR
LICENSE TO EAGLE POINT
TAVERN, LTD.
RESOLUTION NO. 351-84
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-
spseted and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bends;
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-
plieants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Eagle Point Tavern, Ltd.
2401 Windsor Ave.
(Also Sunday Sales)
Passed, adopted and approved this
15ch day of October, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Beurskans. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskans, Dalch, Hammal,
I/lueener, Krunfoldt, Manning.
Neys--None.
There being no further business,
Council Member Hammel moved to ad-
journ, Seconded by Council Member
ironfeldt. Carried by the following
vote:
yeas--Mayor Brady, Council Mem-
hers Beurskans, Deich, Hammel,
Kluesner, Krunfeldt, Manning.
Nays--None,
Following adjournment, a Joint
Work Session was held with the Plann-
ing & Zoning Commission to discuss
and examine newly proposed Zoning
Ordinance,
Mary A. Davis
City Clerk
Approved_ _1985
Adopted 1985
Mayor
Council Members
ATTEST:
City Clerk
CITY COUNCIL
OFFICIAL
Resxdar Session, November 5, 1984.
Cimmgl Mot at 6:00 o'clock p.m~, in
t~ Public Library Auditorium.
Prneent--Councll Members Banr-
· tsns, Hammel, Kronfoldt, Manning,
City Manager W. Kenneth Gearhart,
Assistant City Attorney Tim O'Brian,
Absent at Roll Call--Council Members
Dalcl~ Klueaner.
Absent--Mayor Brady.
Mayor ProTein Hammel read the
call and stated that eorviea thereof had
been duly made and this Meeting is
THE REGULAR MONTHLY
MEETING OF ~HE CITY COUNCIL
called for the purpose to act upon such
business which may properly come
before the Council.
Invocation was given by Father
Phillip Hamilton, Professor of
Sociology at Loras College.
PROCLAMATIONS: Month of
November as "Service Corps of
Retired Executives Month" received
by Walter Esehen and King Herr;
November 10, 1984 as "Marine Corps
League Dubuque Detachment Day"
reeaived by Steve Graham.
6:30 p.m. Council Member Deich
entered the Chambers.
Council Member Benrskans moved
to suspend the rules to let anyone pce-
sent address the Council. Seconded by
Council Member Kronfeidt. Carried by
the following vote:
Yeas--Mayor Pro-Tern Hammal,
Council Members Beurskans, Deich,
Rronfaldt, Manaln~. Nays--None.
Absent--Mayor Brady, Council
Member Klueaner.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing on Intention to issue In-
duotrial Development Revenue,Bonds
for Dairy Lab Services, Inc., presented
and read.
There were no written objections
received and no oral objectors present
at the time of the Hearing.
Council Member Beurskens moved
that the proof of publication be reeaiv-
ed and filed. Seconded by Council
Member Kronfoldt. Carried by the
following vote:
Yeas--Mayor Pro Tern Hammel,
Council Member Benrskens, Deich,
Rronfeldt, Manning.
Nays--None.
Absent--Mayor Brady, Council
Vlember Kluseenr.
RESOLUTION NO. 3524~4
Resolution to Proceed with the Is-
suance and Sale of Industrial Develop-
ment Revenue Bonds, Series 1984
(Dairy Lab Se~wieea, Inc. Project) in an
a~geegate principal amount not to ex-
eaed $240,0~
WHEREAS, the City of Dubuquo,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer"), is an ineor-
porated municipality authorized and
empowered by the provisions of
Chapter 419 of the Code of Iowa, 1983,
as amended (the "Act"), to iesuo
revenue bonds for the purpose of
financing the cost of acquiring, by con-
~truction or purchase, land, buildings,
improvements and equipment, or any
interest therein, suitable for the use of
any industry or industries for tho
manufacturing, processing or aseembl-
lng of any agricultural or manufac-
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 dens muitistete business; and
WHEREAS, the Issuer has been re-
quested by Dairy Lab Services, Inc.
Itbe "Company"), an Iowa corpora-
tion, to issue its industrial develop-
ment revenue bends to finance the
Company's acquisition by construc-
tlon or purchase of land, a 60' by 110'
precast concrete and steel building,
equipment and improvements suitable
for use as a headquarters fa 'cdity for
the Company (the "project") to be
located at 5105 Wolff Road within the
Issuer, which will promote the welfare
of the Issuer and its citizens; and
WHEREAS, it is proposed to
finance the east of the Project through
the issuance of Industrial Develop-
47O
Regular Session, November 5,1984
ment Revenue Bonds, Series 1984
(Dairy Lab Services, Inc. Project), of
the Issuer in an aggregate principal
amount not to exceed $240,000 (the
"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-
clent to pay 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
given 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-
t/ons or other comments relating to
the issuance of the Bonds have been
heard;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
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
permitted by the Act to finance the
cost of the Projecg and such actions
will be t~kco by tho 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 agrecmcots necessary to be entered
inW 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 con-
n~ction with the issuance of the Bonds
and such agreements shall be authoriz.
~d and approved after due considora.
tion by this Council prior to their ex-
~cution 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 conflict herewith ar~ hsreby
repealed to the extent of such conflict.
Section 5. This Resolution shall
become effective immediately upon its
passage and approval.
Passed and approved this 5th day of
November, 1984.
William K. Hammel
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Bearskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Pro-Tern, Hammel,
Council Members Beurskens, Deich,
Kroofeldt, Manning.
Nays--None.
Absent--Mayor Brady, Council
Member Kluesner.
Proof of publication, certified to by
the Publisher, on Notice of Pendency
of Resolution of Necessity for public
improvements and Public Hearing
upon proposed plans, specs, form of
contract and cost of improvements for
~nstructi°n of Dubuque Dug Racing
Facility, Off-Site Sanitary Sewer,
Watermain and Storm Sewer,
presented and read.
Council Member Beurokens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Pro-Tern Hammai,
Council Members Bearskens, Deich,
Kronfsidt, Manning.
Nays--None.
Absent--Mayor Brady, Council
Member Khiesner.
(Necessity for Improvement)
RESOLUTION NO. 342-84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
/ice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Dubuque Dog Racing Facility, Off-
Regular Session
Site Sanitary Sewer, Watermain, and
Storm Sewer.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
sidaration of this proposed resolution
have ~ed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cfi and are now on file with the City
Clerk. That the cost and expense of
making such improvement will be paid
from General Obligation Bonds.
The above resolution was intreduc-
ed, approved and ordered placed on file
with the City Clerk this l§th day of
October, 1984.
Approved and placed and placed on
file for final action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 5th day of
November, 1984.
William K. Hammel
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady, Council
Member Klaesner.
November 5, 1984 471
Decision of Council Upon Objections
to Plans, Spedflcations, Form of
Contract and Cost of Improvement
RESOLUTION NO. 353-84
WHEREAS, proposed plans and
specifications and form of contract for
the Dubuque Dog Racing Facility, Off-
Site Sanitary Sewer, Watermain, and
Storm Sewer have been approved by
the City Council of the City of Dubu-
que and public notice given as provid-
ed by the Code of Iowa pertaining to
public contracts and hands, and the
time and place fixed for the hearing of
sil objections to said plans, specifica-
tions or contract for or cost of such im-
provements, said time being this 5th
day of November, 1984; and
WHEREAS, the City Council met in
regular session this 5th day of
November, 1984, at 6:00 p.m. at the
Public Library Auditorium for the pur-
pose of hearing all interested parties
and considering any and all objections
which have been fried to the proposed
plans, specifications or contract for or
cost of the improvement herein
described and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to he made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
5th day of November, 1984.
William K. Hammel
Mayor Pro-Tern
472
Regular Session, November 5,1~4
ATTEST:
Mary A. Davis
City Clerk
Council Member Bearskens moved
adoption of the Resolution. Seconded
by Council Member Manning, Carried
by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kronfeld~, Manning,
Nays--None.
Absent--Mayor Brady. Council
Member Kineaner.
(Ordering Construction)
RESOLUTION NO. 354-84
BE IT RESOLVED BY THE CITY
CouNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 342-84 which was duly
passed by this Council for the Dubu-
que Dog Racing Facility, Off-Site
Sanitary Sewer, Watermain, and
Storm Sewer be and the same are
hereby ordered and constructed by
this Council upon its own motion and
with or without the petition of proper-
ty owners. All the work shah be con-
structed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from General
Obligation Bonds.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shah be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
5th day of November, 1984.
william K. Hammel
Mayor prc~Tem
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskans, Deich,
Manning.
Nays--None.
Absent--Mayor Brady. Council
Member Klucener.
Proof of publication, certified to by
the Publisher, on Notice of Contrac-
tots of the receipt of proposals for the
construction of Dubuque Dog Racing
Facility, Off-Site Sanitary Sewer,
Watarmain and Storm Sewer, AND
Communication of City Manager
recommending to award contract for
above to Tschiggfrie Excavating,
presented and read,
Council Member Banrskene moved
that the proof of publication and the
cemmunication be rsoeived and filed.
Seconded by Council Member Mann-
lng, Carried by the following vote:
Yeas--Mayur Pro-Tern Hammel,
Council Members Beurskans, Deich,
Kroofeldt, Manning,
Nays--None.
Absent--Mayo~ Brady, Council
Member Khieaner.
(Awarding Contract)
RESOLUTION NO. 355~4
WHEREAS, sealed proposals have
been submitted by contractors for the
Dubuque Dog Racing Facility, Off-
Site Sanitary Sewer, Watermain, and
Storm Sewer pursuant to Resolution
No. 344-84 and notice to bidders
published in a newspaper published in
the City of Dubuque, Iowa on the 18th
day Of October, 1984.
WHEREAS, said sealed proposals
were opened and read on the 30th day
of October, 1984 and it has been deter-
mined that the bid of Tschiggfrie Ex-
cavating of Dubuque in the amount of
$236,167.29 was the lowest bid for the
furnishing of aL labor and materials
and performing the work as provided
for in the plans and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the above-mentioned ira-
provement be awarded to Tschiggfrie
Excavating and the Manager be and is
hereby directed to execute a contra. Ct
on behalf of the City of Dubuque wr
the complete perforwance of the work.
Regular Sessio~
BE IT FURTHER RESOLVED:
That upon the dguin~ of said contract
and the approval of the contractor's
bend, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, adopted and approved this
5th day of November, 1984.
William K. Hammel
Mayor Pro-Tern
ATYEST:
~Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Pro-Tern Hammai,
Council Members Beurskene, Deich,
Krunfeldt, Manning.
Nays--None.
Absant--Mayur Brady. Council
Member Kluesner.
Council Member Klucener entered
the Chambers at 6:22 p.m.
A RESOLUTION Approving plat of
a vacated portion of the north side of
Fourth Street between Iowa St. and
Main Street (deferred from meeting of
9-4-84); An ORDINANCE Vacating a
portion of the north side of 4th Street
between Iowa St. and Main St.; A
RESOLUTION approving disposal of
vacated land to Investment
Counselors, Inc. in the amount of
$8,460 and authorizing Mayor to ex-
ecute Quit Claim Deed; A RESOLU-
TION Appriving contract for sale of
land to Investment Counselors, Inc.
and authorizing Mayor to execute
presented and read.
Council Member Kronfeldt moved
that the resolutions and Ordinance be
tabled until the Council Meeting of
January 21, 1985.
ORDINANCE NO. 20-84 Providing
for monthly subscriber rates and
charges for Cable Television Basic Sar-
vices for final consideration and
discussion (requested by Council
Member Beurskens and Krunfeldtl,
presented and read.
Council Member Krunfeldt moved
that reconsideration of the above Or-
dinance be tabled until November 19,
1984. Seconded by Council Member
Manning. Carried by the following
vote:
November 5, 1984 473
Yeas--Mayor Pro-Tem Hammel,
Council Members Beurskens, Deich,
Krunfeldt, Manning.
Nays--Council Member Kluesner.
Absent--Mayor Brady.
Communication of City Manager
submitting Resolution providing for
Loan Agreement between the City of
Dubuque and Dubuque In-Futuro,
Inc., presented and read.
Council Member Bsorskens moved
that the conununication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 356-84
Resolution Authorizing Approval of a
Loan Agreement Between the City of
Dubuque and Dubuque In-Futuro, Inc.
and Authorizing sad Directing the
Mayor to Execute said Agreement on
Behalf of the City of Dubuque.
WHEREAS, the City of Dubuque,
Iowa, The First National Bank of
Dubuque, and Dubuque In-Futuru,
Inc. have entered into a Guaranty
Agreement on the 26ch day of May,
1984 guaranteeing certain obligations
of Dubuque in-Futuro, Inc. with The
First National Bank of Dubuque,
Iowa; and
WHEREAS, said Guaranty Agree-
ment provides that any payments
made by the City of Dubuque under
said agreement shall be repaid with in-
terest by Dubuque In-Futuro, Inc.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Loan Agreement
incorporated herein by reference bet-
ween the City of Dubuque and Dubu-
que In-Futuro, Inc. is hereby approved
and the Mayor is authorized and
directed to si~n said Loan Agreement
on behalf of the City of Dubuque, Iowa.
Section 2. That the City Manager is
474
hereby authorized and directed to
disburse funds according to said Loan
Agreement from the Community
Development Block Grant Fund.
Passed, adopted and approved this
5th day of November, 1984.
WilLiam K. Hammel
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolutlon. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Delch,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager r~
questing authorization to expend
monies, in an amount not to exceed
$5200 on technical assistance for retail
stabilization in Town Clock Plaza,
presented and read.
Council Member Beurskens moved
that the communication be received
and fried and expenditure approved.
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Klueener, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager r~
questing authorization to sign a new
Sewer Service Agreement with Dubu-
que Tank Terminal Co,, presented and
read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady,
RESOLUTION NO. 357-84
Resolution Authorizing the City
Regular Session, November 5, 1984
Manager to Execute a Sewer Service
Agreement with Dubuque Tank Ter-
minal Company, of Dubuque, Iowa
WHEREAS, it is desirous on the
part of the City oI Dubuque and the
Dubuque Tank Tern~inal Company to
execute a new Service Agreement to
reflect the reduced scale of operation
of the Company and its discharge to
the City's wastwater treatment opera-
tions; and
WHEREAS, the new service Corn-
may will supersede a Service Agree-
ment executed on February 13, 1976;
and
WHEREAS, the Dubuque Tank
Terminal Company over the five year
period, 1976 through 1980 contributed
$22,620 towards its capital share of
the Phase II improvements in the
wastewater treatment facilities; and
WHEREAS, the number of barges
cleaned by Dubuque Tank Terminal
Company has dropped significantly in
the last few years and is anticipated to
continue at its present level in the
foreseeable future; and
WHEREAS, a new Agreement has
been negotiated between the City of
Dubuque and Dubuque Tank Terminal
Company to reflect anticipated
business in future years, and is
predicated on the number of barges
cleaned and the volume and character-
istics of the effluent discharge from
each of these barges.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the City Council ac-
cepts and approves the proposed
Sewer Service Agreement with Duha-
quo Tank Terminal Company.
Section 2. That the City Manager be
authorized to execute this Service
Agreement with Dubuque Tank Term-
inal Company which will supersede the
existing Service Agreement dated
February 13, 1976 and will be effective
on January 1, 1984.
Passed, adopted and approved this
5th day of November, 1984.
William K. Hammel
Mayor Pro-Tern
Regular Session
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting Resolution providing for
the approval of the Project Agreement
with the Iowa D.O.T. and further
questing authorization for the expen-
diture of $2000 for Brlce, Petrldes and
Associates, Inc. to update the
economic feasibility study of the
Reckdale Road Bridge, presented and
read.
Council Member Kronfeldt moved
that the communication be received
and filed and expenditure approved.
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeidt, Manning.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 358-84
Resolution Approving Iowa Depart-
meat of Transportation Agreement
Number 84-F-112
WHEREAS, the City of Dubuque
has made application for Federal-Aid
Bridge Replacement monies for the
Rockdale Road Bridge; and
WHEREAS, the Iowa Department
of Transportation has notified the City
that the bridge is an eligible candidate
for Federal-Aid Bridge Replacement
monies; and
WHEREAS, bridge replacement
funding would be reimbursable up to
80% of the cost of the bridge or not in
excess of $650,000.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
November 5, 1984 475
Section 1. That the attached agree-
meat number 84-F.112, of the Iowa
Department of Transportation be ac-
cepted and approved.
Section 2. That the Mayor be
authorized and directed to execute this
project agreement.
Passed, adopted and approved this
5th day of November, 1984.
William K. Hammel
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeidt moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None,
Absent--Mayor Brady.
Communication of City Manager
submitting Resolution authorizing Ci-
ty Manager to execute a Supplemental
Agreement with Brice, Petrides and
Associates, Inc. for an addendum to
their contract not to exceed an in-
crease of $31,558 relative to profes-
sional services on the Cedar Cross Eh-
vironmentni Assessment Study,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Pro-Tom Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 359-84
Supplemental Agreement for Profes-
sionni Services Associated with the
Cedar Cross Extension Corridor Loca-
tion Study with Brlce, Petrides and
Associates, Inc., Waterloo, Iowa
WHEREAS, the City Council
adopted a Resolution No. 18-83 on
February 7, 1983 for a contract for
professional services associated with
the Cedar Cross Extension Corridor
476
Regular Session, November 5,1984
Location Study with Brice, Petrides
and Associates, Inc.; and
WHEREAS, the City Council
adopted Resolution Number 28-84 on
February 6, 1984 to conduct a Cultural
Resources Study, Phase I on the
selected alignment; and
WHEREAS, a change in the scope
of professional services is necessary in
order to conduct a more extensive
Cultural Resource Survey Study on
selected findings uncovered under
Phase I Cultural Resource Study; and
WHEREAS, Cultural Resource
Study, Phase II will only deal with
those sites located north of Cascade
Road, and Phase I of the study south
of Cascade Road will suffice for the
Environmental Assessment State-
ment; and
WHEREAS, tho time schedule for
the conduction of the work associated
with Phase II and finalization of tho
project will be completed by April 19,
1985; and
WHEREAS, additional cost associ-
ated with Phase II of the Cultural Re-
sources Survey is $31,558 to be funded
75% from Federal Aid to Urban Sys-
tem Funds, and the balance to be fund-
ed from local funds; and
WHEREAS, the Supplemental
Agreement will increase the amount of
contract with Brice, Petrides &
Associates, Inc, from $154,369 to
$185,972.
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
b~tween the City of Dubuque, Iowa,
and Brice, Petrides and Associates,
Inc. for professional services in con.
junction with Phase II of the Cultural
R~sources Survey for the selected
alignmen~ Alternate C-1.
Section 2. That the City Manager be
authorized to execute the Supplemen-
tal Agreement with Brice, Petrides &
Associates, Inc., Waterloo, Ioww
Passed, adopted and approved this
5th day of November, 1984.
William K. Hammel
Mayor Pro-Tem
~TTEST:
Mary A, Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Mayur Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Maturing.
Nays--None.
Abeant--Mayor Brady.
Communication of City Manager ap-
proving request from Wm. C. Brown
Co. for the placement of three direc-
tional signs in front of their parking
lot on Kerper Boulevard, presented
and read.
Council Member Beurskens moved
that the communication be received
nad filed. Seconded by Council
Member Manning. Carried by th~
following vote:
Yeas--Mayor Pro-Tern Hammal,
Council Members Beurskens, Deich,
Kluesner, Krnnfeldt, Manning.
Nays--None.
Absnat--Mayor .Brady.
ORDINANCE NO. 39~4
AN ORDINANCE AUTHORIZING
WILLIAM C. BROWN COMPANY
PUBLISHERS TO CONSTRUCT
THREE DIRECTIONAL SIGNS, pre-
sented and read.
Council Member Beursknas moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Pro-Tern Hammal,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
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, be dispensed with. Seconded
by Council Member Manning. Carried
Regular Sessio~ November 5,1984 477
by the following vote:
Yeas--Mayor Pro-Tem Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 39-84
AN ORDINANCE AUTHORIZING
Wm. C. Brown Company Publishers
TO CONSTRUCT Three (3) Direc-
tional Signs
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Wm. C. Brown
Company Publishers as owners of the
premises known as 2460 Kerper Ben-
levard, Dubuque, Iowa, and legally
described as Lot 1-1-1 BLK 5. River-
front Subdivision No. 3 be and they
are hereby granted the revocable per-
mit and authority to construct and
maintain Tt~ree (3) Directional Signs
under the terms and conditions set
forth in tiffs Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permlttees and
approved by the City Manager, under
the supervision and direction of the
City Manager, and in accordance with
all applicable state and federal laws
and regulations, and the Ordinances of
the City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on pennittees' agreement to:
a) Assume any and all liability for
damages to persons or property which
may result from the existence, loca-
tion, installation, construction or main-
tenance of said signs.
b) Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the loca-
tion, installation, existence, construc-
tion or maintenance of said Signs
sustained by any person or persons,
caused by accident or otherwise to
defend at its own expense and on
behalf of said City any claim against
the City of Dubuque arising out of the
locatisn, installation, existence, con-
struction or maintonan~e of Signs and
to pay reasonable attorney fees there-
fore; and
c) lndemaify and hold the City of
Dubuque free and harmless from any
and all claims, loss, liability and
expense for death and/or injuries to
third persons or damages to property
of third permns, or for damage to any
property of the City of Dubuque which
tion with the location, installation,
of the facility, work or improvement
permitted herein.
Section 4. That the permission
hereto granted is expressly conditioned
upon permittees' further agreement
that should the right and privilege
herein granted be rescinded or revoked
by the City Council, permittees, or
of the abutting property, shall within
ten (10) days after receipt of written
notice from the City Manager, so to
do, at their own expense, remove said
Signs and in the event of their failure
so to do, the City of Duhi~que shall be
authorized to remove said Signs at
pernrittees' expense and dispose of the
same, and the pennittee shall have no
claim against the City or its agents for
damages resulting from the removal of
said Signs.
Section 5. That permittees covenant
and agree tbat the revocable permit
herein granted does not constitute an
approval of the design, erection, loca-
tion, construction, repair or mainte-
nance of said facility and said
pennittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death, per-
sonal inuries and/or property damage
against the permittees arising out of or
in any way connected with the loca-
tion, installation, construction, design,
repair and maintenance of the facility
herein permitted.
Section 6. This Ordinance shall
become effective and the rights here-
under accrue to Wm C. Brown Com-
pany Pubhshers when this Ordinance
has been adopted by the City Council
and the terms and conditions thereof
accepted by permittees by acceptance
endorsed on this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this Ordinance in the office of the
Recorder in and for Diubuque County,
Iowa.
Passed, approved and adopted this
5th day of November, 1984.
William K. Hammel
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE
NO. 39-84
478
Regular Session, November 5, 1984
The undersigned having read and
being familiar with the terms and con-
ditions of Ordinance No. 39-84 hereby,
for themselves, their successors or
assigns, as owners of the abutting prop-
erty, accept the same and agree to be
bound by the conditions and agree-
ments therein contained to be per-
formed by permittees.
Dated: 11/29/84
BY: Mark C. Falb
President
BY: Roger A. Meyer
Secretary
Published officially in the Telegraph
Herald newspaper this 6th day of
December, 1984.
Mary A. Davis
City Clerk
It 12/6
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskena, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager ap-
proving request of Mrs. Dorrance
Lange to build a carport on the public
right-of-way of Farragut St.,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Delch,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 40-84
AN ORDINANCE AUTHORIZING
MRS. DORRANCE LANGE TO CON-
STRUCT A CARPORT AT 2000 FAR-
RAGUT STREET, presented and
read.
Council Member Kronfeldt moved
that the reading just had be con-
sldered the first reading of the Or-
dinanca. Seconded by Council Member
Deich. Carried by the following vote:
Yeas--Mayor Pro-Tern Hammel
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Council Member Kronfeldt moved
that the rule reqdiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
ORDINANCE NO. 40-84
AN ORDINANCE AUTHORIZING
MRS. DORRANCE LANGE TO
CONSTRUCT CARPORT.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Mrs. Dorrance
Lange as owner of the premises known
as 2000 Farragut Street, Dubuque,
Iowa, and legally described as Hams
Add. Lat 385 be and they are hereby
granted the revocable permit and
authority to construct and maintain
carport under the terms and conditions
set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by'permlttees and
approved by the City Manager, under
the supervision and direction of the
City Manager, and in accordance with
all applicable state and federal laws
~md regulations, and the Ordinance of
the City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a) Assume any and all liability for
damages to persons or property which
may result from the existence, loca-
tion, installation, construction or main-
tenance of said carport;
b) Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the loca-
tion, installation, existence, construc-
tlon or maintenance of said carport
sustained by any person or persons,
caused by accident or otherwise to
defend at its own expense on the
behalf of said City any claim against
the City of Dubuque arising out of the
location, installation, existence, con-
struction or maintenance of carport
and to pay reasonable attorney fees
therefore; and
c) Indmnnify and hold the City of
Dubuque free and harmless from any
and all claims, loss, liability and
expense for death and/or injuries to
third persons or damages to property
of third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in connec-
tion with the location, installation
construction, maintenance and repair
of the facility, work or improvement
permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittees' further agreement
that should the tight and privilege
herein granted be rescinded or revoked
by the City Council, permittees, or
their successors in interest, as owners
of the abutting property, shall within
ton (10) days after receipt of written
notice from the City Manager, so to
do, at their own expense, remove said
carport and in the event of their fail-
me so to do, the City of Dubuque shall
be authorized to remove said carport
at permittee8' expense and dispose of
the same, and the pormittee shall have
no claim against the City or its agents
for damages resulting from the removal
of said carport.
Section 5. That permittees conven-
ant and agree that the revocable per-
mit herein granted does not constitute
an approval of the design, erection,
location, construction, repair or main-
tenance of said facility and said per-
mittees hereby convenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death, per-
sonal injuries and/or property damage
against the permittees arising out of or
in any way connected with the Mca-
tion, installation, correction, design,
repair and maintenance of the facil-
ity herein permitted.
Section 6. This Ordinance shall
become effective and the right here-
under accrue to carport when this
Ordinance has been adopted by the
City Council and the terms and condi-
tions thereof accepted by permittees by
acceptance endorsed on this Ordi-
Section 7. That the City Clerk be
and he is authorized and directed to
file at ponnittees' expense a copy of
this Ordinance in the office of the
Recorder hi and for Dubuque County,
November 5, 1984 479
Iowa.
Passed, approved and adopted this
5th day of November, 1980.
William K. Hammel
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 40-84
The undersigned having read and
being familiar with the terms and con-
ditions of Ordinance No. 40-84 hereby,
for themselves, their successors or
~signs, as owners of the abutting prop-
erty, accept the same and agree to be
bound by the conditions and agree-
ments therein contained to be per-
formed by permittees.
BY: Mrs. Dorrance Lange
Published officially in the Telegraph
Herald newspaper this 12th day of
November, 1984.
Mary A. Davis
City Clerk
it 11/12
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by (~ouncll Member Deich.
Carried by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager re-
questing Council approval for the pur-
chase of additional money for the
City's mainframe computer in the
amount of $6,000, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed and request approved.
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting Resolution designating
"Lawful Custodians" of public records
of the City of Dubuque, presented and
read.
Council Member Kronfeldt moved
Regular Session, November 5,1984
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
/ollowing vote:
Yeas--Mayor Pro-Tom Hammal,
Council Members Banrskens, De{ch,
Iaueaner, Kronfaldt, Manning.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 360-84
Designating Lawffni Custodians of
Public Records of the City of Dubu-
quo, Iowa
WHEREAS, Senate File 2294,
enacted by the 70th General Assembly
and approved by the Governor on May
4, 1984, requires the governing body of
political subdivisions in the State of
Iowa to delogete to particular officials
or employees the responsibility for im-
plementing the requirements of
Chapter 68A of the Iowa Code for the
examination of public works.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Cloth is
hereby designated the lawful custo-
dian of City Council records and
delegated the responsibility for ira-
plementing the requirements of
Chapter 68A of the Iowa Code.
Section 2. That the City Manager is
hereby designated the lawful custo-
dian of City records other than City
Council records and delegated the
responsibility for implementing the re.
quirements of Chapter C~A of the Iowa
Code.
Section 3. That the City Manager is
authorized to delegate to other
employees in writing the responsibility
of implementing the requirements of
Chapter 68,4 of the Iowa Code for the
several departments of the City.
Passed, adopted and approved this
5th day of November, 1984.
William K. Hammel
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resohition. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Dc{ch,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Verbal petition of Council Member
Beurskans requesting that the City of
Dubuque contribute $500 to the
"Reward Fund" for the sabotaging at
the construction of the Dog Racing
Facility.
Council Member Beurskens moved
that the contribution be approved for
the arrest and conviction of those who
sabotaged the Dog Track. Seconded
by Council Member De{ch. Carried by
the following vote:
Yeas--Mayor Pro-Tern Hammal,
Council Members Beurskens, De[ch,
Kluesner, Krnnfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Plumbing Board - Two Three Year
Terms; Applicants: Joseph Dannar,
III, Albert Bracket, Donald Jac-
quinnt, Robert Jacquinot, Harlan
Wiilenborg, Vote on the appointments
was as follows:
Mayor Brady - Absent; Council
Member Beurskens voted for Danner
and Willenborg;Council Member De{ch
voted for Danner and Bracket; Mayor
Pro-Tom Hammel voted for Danner
and Willenborg; Council Member
Kluesner voted for Danner and Wilien-
borg; Council Member Kronfeldt voted
for Danner and Bracket; Council
Member Manning voted for Danner
and Willenborg.
Therefore, Joseph Danner III reap-
pointed and Harlan Wilienborg ap-
~ terms which will
expire Nov. 2, 1987 on the Plumbing
Board.
Communication of Hank Waltz
relative to tho method of billing by
Group W Cable TV, presented and
read.
Council Member Manning moved
that the communication be received
and filed and referred to the Cable
Regulatory Commission for report
hack in December. Seconded by Court-
Regular Session, November 5, 1984
cil Member Bearskens. Carried by the
following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Dc{ch,
Kluesner, Kronfcidt, Manning.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 361-84
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.
Gary L. Kupferschmidt and
Patrick J. Barry
Whiskey River
1064 University Ave.
Key City Bowling Lanes, Inc.
Imperial Lanes
3505 Stoneman Road
Robert J. Breitbach
Oky Doky//9
51 West 32nd St.
Michael R. Soens
The Finale
1701 Central Ave.
Eagle Point Tavern, Ltd.
Windsor Tap
2401 Windsor Ave.
Passed, adopted and approved this
5th day of November, 1984.
William K. Hammel
Mayor pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Banrsknas moved
adoption of the Resolution. Seconded
by Council Member Krnnfeldt. Carried
by the following vote:
Yeas--Mayor Pro-Tom Hammel,
Council Members Beurskens, De{ch,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 362-84
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
481
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
. 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
Janet Saber{an
1281 Dodge St.
Bijan's (Also Sunday Sales)
CLASS "C" BEER PERMIT
6~lew) Robert J. Breitbach
51 W. 32nd St.
Oky Dody//9
(Also Sunday Sales)
Hat tig Drug Co. 700 Main St.
97 Locust St.
Hartig Drug Co.
(Also Sunday Sales)
Hartig Drug Co. 2255 J.F.K.
(Also Sunday Sales)
Hartig Drug Co. 2225 Central Ave.
(Also Sunday Sales)
Nash Finch Company 190 J.F.K.
(Also Sunday Sales)
Passed, adopted and approved this
5th day of November, 1984.
William K. Hammel
Mayor Pro-Tern
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 Pro-Tern Hammel,
Council Members Beurskens, Dc{ch,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 363.84
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 o.c-
cupied by such applicants were m-
spected and found to comply with the
482
Regular Session, November 5,198~
State Law and ail City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plieante a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
(New) Key City Bowling Lanes, Inc.
Imperial Lanes 3505 Stoneman Rd.
(Also Sunday Sales)
(New) Mfo~ael R. Soeas
1701 Central Ave. The Finale
IAlso Sunday Sales)
Do, Inc.
1895 J.F.K
Bit N'SP~ls° Sunday Sales)
New Harbor Development Co. Inc.
yardarm Eagle Point
~Also Sunday Sales)
Lowrie E. Smith
22nd Street Tap 521 E. 22nd St.
IAlso Sunday Sales)
Passed, adopted and approved this
5th day of November, 1984.
William K. Hammel
Mayor Pro-Tern
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskena moved
adoption of the Resolution, Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskena, Deich,
Kluesner, Kronfoldt, Manning.
Nays--None.
Absent--Mayor Brady.
Printed Council Proceedings for
month of July, 1984, presented for ap-
proval.
Council Member Kronfeldt moved
the proceedings be approved as
printed. Seconded by Council Member
Manning. Carried by the following
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Dsich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
MINUTES SUBMITTED: Airport
Comm. of 10-8, Civil Service Comm. of
10-3; Deck Comm. of 10-15; Dubuque
In-Future, Inc. of 9-25 & 10-18; Five
Flags Comm. of 10-22; Historic Preser-
ration Comm, of 10-3, 10-9 & 10-23;
Housing Comm. of 10-23; Human
Rights Comm, of 9-24 and 10-8; Hona-
lng Code Appeals Bd, of 10-10; Plumb-
lng Board of 10-25; Public Library Bd.
of 9-18; Cable Teleprogrnaucing Equip-
ment and Training Committee, pre-
sented and read,
Council Member Kronfeldt moved
that the minutes be received and filed.
Seconded by Council Member Mann-
ing, Carried by the following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Keylines Earnings Statement and
Statistics for month of September,
1984, presented and read.
Council Member Deinh moved that
the statement be received and filed.
Seconded by Council Member Kron-
fei&. Carried by the following vote:
Yeas--Mayor Fro-Tern HammeL
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
NOTICES OF CLAIMS ANU SUITS:
Christopher Kruse, Minor, and Ed-
ward Krnae, parent vs City of Dubu-
que in amount of $1,999.99 for proper
ty damage, injury and medical ex-
Paula, Lynda and Dennis Post
in unknown amount for personal in-
Bruce Seipp in arnoun~ of
$54.99 for car damages; Gerald Tort in
amount of $763.74 for car damages;
Joan Bodnar in est. amount of $180.16
for car damages, presented and read.
Council Member Kronfsidt moved
that the claims and suits be referred to
the Legal Staff for investigation and
report. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
RegularSession
Nays--None.
Absent--Mayor Brady.
Communications of Corporation
Counsel Lindahl recommending
deulal~ of following claims: personal
injury claim of Marvin Cocayne; Per-
sonal injury claim of Ellen Golinvaux;
Personal injury claim of Bernice Pni-
~ean; Recommending closing sewer
Back-Up claim of Holly and Dean
Nauman, presented and read.
Council Member Kronfeldt moved
that the commuuleations be received
and filed and denials and closings be
approved. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Pro-Tern Hammai,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Communication of City Manager
submitting monthly reports of
Finance Director and City Treasurer
for month of September, presented
and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member MaunJng. Carried by the
following vote:
Yeas--Mayor Pro-Tem Hamme]
Council Members Beurskens, Deich,
FAuesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
REFUNDS REQUESTED: Michael
Sower, $50 on unexpired Cigarette
License; James C. Fitzgerald, $633.75
on unexpired Liquor License; Elena
Frost, $168.75 on unexpired Bee~
Wine License; Glenn Dement, $225 on
unexpired Beer Permit, presented and
read.
Council Member Kronfeldt moved
that the refunds be approved and
Finance Director to issue the proper
checks. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
November 5, 1984 483
Conunuuleation of Associate Plan-
ner advising of resignation of Ruth
3rockman from Historic Preservation
Commission, as representative of
Jackson Park Historic Preservation
District, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed and resignation accepted
with regret, Seconded by Council
Member Manning, Carried by the
following vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Office of Urban Development Action
Grants advising that our application
for the Redstone Project has not been
approved but they are holding it over
for further consideration, presented
and read.
Council Member Kronfeldt moved
that the notice be received and filed.
Seconded by Council Member Mann-
ing. Carried by the foilowing vote:
Yeas--Mayor Pro-Tern Hammel,
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Communication of Cable Franchise
Administrator to City Manager sub-
mitring a summary of H.F. 4103/S.66,
Federal Cable Legislation which
recently passed the Congress,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Pro-Tem Hammel,
Council Members Beurskens, Dsich,
Kluesner, Kronfsidt, Mavning.
Nays--None.
Absent--Mayor Brady.
There being no further business,
Council Member Manning moved to
adjourn. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Pro-Tem Hammel,
Regular Session, November 5, 1984
Council Members Beurskens, Deich,
Kluesner, Kronfeldt, Manning.
Nays--None.
Absent--Mayor Brady.
Mary A. Davis
City Clerk
Approved__ __1985
Adopted _ __1985
Mayor
Council Members
ATTEST:
City Clerk
Special Session November 13, 1984 485
CITY COUNCIL
OFFICIAL
Special Session, November 13, 1984.
Council Met at 6:00 o'clock p.m., in
the Majestic Room, at the Five Flags
Civic Center.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kronfeldt. Manning, City Manager W.
Kenneth Gearhart, Corporation
Counsel Willimn G. Blum.
Absent--Council Member Kluesner.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to conduct Pubfic
Hearings on the Building Code and the
Uniform Fire Code and to act upon
such other business which may proper-
ly come before the Council.
Council Member Beurskens moved
to si~spend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing, pertaining to the revising
and re-enacting of a Building Code for
the City of Dubuque and providing for
the issuance of permits and collection
of fees therefore, presented and read.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt. Manning.
Nays--None.
Absent--Council Member Kluesner.
ORDINANCE NO. 41-84
AN ORDINANCE REPEALING
SECTION 10-1 AND ENACTING A
NEW SECTION 10-1 IN LIEU
THEREOF, AMENDING SECTION
10-2 PERTAINING TO REVISING
AND RE-ENACTING A BUILDING
CODE FOR THE CITY OF DUBU-
QUE, IOWA; AND PROVIDING
FOR THE ISSUANCE OF PERMITS
AND COLLECTION OF FEES
THEREFORE, SAID ORDINANCE
HAVING BEEN PREVIOUSLY pre-
sented and read at the Council
Meeting of October 15, 1984,
presented for final adoption.
ORDINANCE NO. 41-84
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, REPEALING
SECTION 10-1 AND ENACTING A
NEW SECTION 10-1 IN LIEU
THEREOF, AMENDING SECTION
10-2 PERTAINING TO REVISING
AND RE-ENACTING A BUILDING
CODE FOR THE CITY OF
DUBUQUE, IOWA; AND PROVID-
lNG FOR THE ISSUANCE OF PER-
MITS AND COLLECTION OF FEES
THEREFOR.
NOW THEREFORE. BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Section 10-1 of the
Code of Ordinances of the City of
Dubuque, Iowa be amended by repeal-
lng Section 10-1 and enacting a new
Section 10-1 in lieu thereof as follows:
"Sec. 10-1. Uniform Building Code
- Adopted.
Except as hereinafter added to,
deleted, modified or amended, there is
hereby adopted by reference as the
building code of the City that certain
building code known as the Uniform
Building Code, 1982 Edition, including
the 1982 Udiform Building Code Stan-
dards and 1982 Uniform Building Code
Appendix, as prepared and edited by
the Inter~mtionai Conference of Build-
lng Officials of Whittier, California,
and the provisions of such building
code shall be controlling in the con-
struction of buildings and other struc-
tures and in all matters covered by
such building code within the corpo-
rate limits of the City and shall be
known as the "Dubuque Building
Code". A copy of the Uniform Building
Code, 1982 Edition, as adopted, shall
be on file in the office of the City
Clerk for public inspection."
Section 2. That Section 10-2 of the
Code of Ordinances of the City of
Dubuque, Iowa be amended as fol-
Sec. 10-2. Same - Amendments.
The code adopted by Section 10-1 of
this chapter is amended as provided
in this section:
Sec. 204. Section 204, "Board of
Appeals", is hereby amended by
486
Special Session, November 13, 1984
repealing subsection (d) "Rules and
Regulations" and replacing such sub-
sections with a new subsection in hen
thereof ss follows:
Building Code and Advisory
Appeals Board
Sec. 204.
(d) Rules and Regulations. The
Board shall make such rules and pre-
scribe such regulations as may be rea-
sonably necessary for its operation,
except that such rules shall include the
following:
1. The Chairperson of the Board
shall be a Board Member elected
annually by the Board.
2. The Building Official, or his desig-
nee, shall be Clerk of the Board. The
Clerk shall prepare and keep such
minutes of meetings and records and
perform such other clerical work as the
Board may direct.
3. Three (3) members shall consti-
tute a quorum. The concurring vote of
three (3) members of the Board shall
be necessary to pass any motion.
4. Upon completion of their term of
office, members of the Building Code
and Advisory Appeals Board shall con-
tinue to serve in their full capacity
until their successor has been duly
appointed.
5. Members of the Building Code
and Advisory Appeals Board shall
attend at least two-thirds (2/3) of all
regularly scheduled meetings within a
twelve (12) month period. If any mem-
bex does not attend such prescribed
number of meetings, it shall constitute
grounds for the Board to recommend
to the City Council that said member
be replaced.
6. The attendance of all members
shall be entered on the minutes by the
Clerk.
7. All meetings shall be held in con-
formance with the provisions of the
Iowa Open Meetings Law.
8. The Building Code and Advisory
Appeals Board shall file with the City
Council a copy of the minutes of each
regular and special meeting of the
Board within ten (10) working days
after such meeting.
9. All administrative, personnel,
accounting, budgetary and procedural
policies of the City shall govern the
Building Code and Advisory Appeals
Board in ali of its operations.
10. Any interested party, including
the Building Official, may have the
right to present his or hex case to the
Building Code and Advisory Appeals
Board, whose decision shah be final
unless appealed ~o the districi court
as provided by law.
Sec. 301. Section 301 is hereby
amended by repealing subsection (b),
"Exempted Work", and replacing such
subsection with a new subsection in
lieu thereof as follows: Sec. 301.
(b) A building permit shall not be
required for the following:
1. One-story detached accessory
buildings used as tool and storage
sheds, playhouses and similar uses,
provided the floor area does not exceed
one hundred fifty (150) square feet.
2. Fences not over six (6) feet high.
3. Oil derricks.
4. Movable cases, counters and par-
6tions not over five (5) feet high. 5. Retaining walls.
6. Water tanks supported directly
upon grade if the capacity does not
exceed five thousand (5,000) gallons
and the ratio of height to diameter or
width does not exceed two to one (2-
1).
7. Platforms, walks and driveways
not more than thirty (30) inches above
grade and not over any basement or
story below.
8. Painting, papering or similar finish
work.
9. Temporary motion picture, tele-
vision and theater stage sets and sce-
nery.
10. Window awnings supported by an
exterior wall of Group R, Division 3,
and Group M Occupancies when
projecting not more than fifty-four (54)
inches.
11. Prefabricated s~'imming pools
accessory to a Group R, Division 3
Occupancy in which the pool walls are
entirely above the adjacent grade and
if the capacity does not exceed five
thousand (5,000) gafions.
Unless otherwise exempted, separate
plumbing, electrical and mechanical
permits will be required for the above
exempted itoms~
Exemption from the permit require-
ments of this Code shah not be deemed
to grant authorization for any work to
be done in any manner hi violation of
the provisions of this Code or any
other laws or ordinances of this juris-
diction.
See. 30g. Section 303, "Per mits
Issuance", is hereby amended by
repealing subsection (a), "Issuance",
and replacing such subsection with a
new subsection in lieu thereof as
follows:
Sec. a0a.
(a) Issoance. The application, plans
and specifications and other data, filed
by an applicant for a permit shall be
reviewed by the Building Official. Such
Special Sessioe November 13, 1984 487
plans may be reviewed by other
departments of this jurisdiction to ver-
ify compliance with any applicable
laws under this jurisdiction. If the
Building Official finds that the work
described in an application for a permit
and the plans, specifications and other
data filed therewith conform to the
requirements of this Code and other
pertinent laws and ordinances, and
that the fees specified in Section 304
have been paid, he shall issue a permit
therefor to the applicant.
EXCEPTION: Approval of the
application, plans and specifications,
and other data, filed by an applicant
for a permit shall in no way consti-
tute an approval of the structural suf-
ficiency of any building or structure
and it is incumbent upon the appli-
cant and/or owner to seek independent
review of the building plans in order to
insure adequate building integrity and
structural sufficiency.
Sec. 304. Section 304, "Fees", is
hereby amended by repealing subsec-
tion (a), "Permit Fees", and replacing
such subsection with a new subsection
in lieu thereof as follows: Sec. 304.
(a) Permit Fees. The fee for each
permit shall be as set forth in Table
3-A. The detenhination of value or val-
nation under any of the provisions of
this Code shall be made by the Build-
ing Okkicial. The value to be used in
computing the building permit fee for
new construction shall be the cost of
all building materials and the usual
cost of labor whether such labor is per-
formed by the owner or others. Such
valuation may exclude the cost of the
lot or improvements to the lot such as
grading, landscaping, walks or drives,
and/or the cost of the air conditioning,
electrical, heating, plumbing or venti-
lation systems, for which separate
inspection fees are charged; however,
the approximate value of these items
shall be shown on the permit in the
space provided for that purpose.
The valuations for alterations,
repairs, replacement or remodeling
shall include the cost of materials and
the usual cost of labor, whether such
labor is performed by the owner or by
others, for the installation or construc-
tion of any repair, replacement or
remodeling which becomes an integral
part of the building or structure.
The payment of fees under this sec-
tion of the Code shall not relieve the
applicant, permit holder or other per-
sons from the payment of any other
fee or fees that may be prescribed by
this Code, by law or by ordinance. No
fee shall be required for buildings
owned and used exclusively by the
City.
Appendix, Chapter 1. Appendix,
Chapter 1, "Life Safety Reqnirements
for Existing Buildings", is hereby
amended by repealing such chapter.
Appendix, Chapter 7. Appendix,
Chapter 7, "Part II Aviation Control
Towers", is hereby amended by repeal-
lng "Part II Aviation Control
Towers".
Appendix, Chapter 12. Appendix,
Clmpter 12, "Requirements for Group
R, Division 30ccupm~cies" is hereby
amended by repealing Section 1202 and
replacing such section with
a new section in lieu thereof as
follows:
One and Two Family Dwelling
Code Adopted
Sec. 1202.
Except as hereinafter added to,
deleted, modified or amended, there is
hereby adopted by reference the One
and Two Family Dwelling Code, 1983
Edition, promulgated jointly by the
International Conference of Building
Officials and Code Administrators
International, Inc., and the Southern
Building Code Congress International,
Inc. Buildings regulated by this Chap-
ter shall be designed and constructed
to comply with such One and Two
Family Dwelling Code, 1983 Edition. A
copy of the One and Two Family
Dwelling Code, 1983 Edition, as
adopted, shall be on file in the Office
of the City Clerk for public inspec-
tion.
Section P-2018 - Building Sewers is
hereby amended by repealing such sec-
tion and replacing such section with a
new section in lieu thereof as follows:
Section P-2018 - Building Sewers
Building Sewers shall be inspected
and approved by the Administrative
Authority before being concealed. NCI-
ther the Administrative Authority nor
the City shall be liable for expense
entailed in the removal or replacement
of material required to permit inspec-
Section P-2102.1 - Piping is hereby
amended by repealing such section and
replacing such section with a new sec-
tion in lieu thereof as follows:
Section P-2102.1 - Piping
Drain, waste and vent piping abo-
reground within buildings shall be of
brass pipe, copper pipe, copper tube
Type L or Type K, cast-iron soil pipe,
galvanized steel pipe, lead pipe, ABS
or PVC-DWV Schedule 40 plastic
Drain, waste and vent piping below
Special Session, November 13, 1984
ground within buildings shall be of
cast-iron soil pipe, copper tube Type
L or Type K, ABS or PVC-DWV
Schedule 40 plastic pipe or extra-
strength vitrified clay pipe.
Section P-2102.3 - Joints is hereby
amended by repealing such section and
replacing such section with a new sec-
tion in lieu thereof as follows: Section P-2102.3 - Joints
A positive-sedi one (1) piece ehisto-
metric compression type gasket may be
used for joining hub and spigot cast*
iron sdil piping and fittings as an alter-
hate to lead and oakum joints. Joints
for hubless cast-iron piping and fittings
shall be made with an approved neo-
prene gasket and stainless steel retain-
ing sleeve.
Section P-2103 - Building Sewers is
hereby amended by repealing such sec-
tion and replacing such section with a
new ~ction in lieu thereof as follows:
Section P-2103 - Building Sewers
The building sewer, beginning inside
the foundation or outer walls, shall be
of either cast-iron soil pipe or vitrified
clay pipe.
Section P-2104 - Water Piping is
hereby amended by repealing such sec-
tion and replacing such section with a
new section in beu thereof as follows:
Section P-2104 - Water Piping
P.2104.1 - Materials - Water Sup-
ply
Building supply water piping to the
point of entrance to the building shall
be made of copper tube Type K, or
cast-iron water pipe.
p-2104.2 - Materials - Water Dis-
tribution
Water distribution pipe within the
building shall be of bross pipe, cop-
per tube Type L or Type K, copper
pipe, galvanized wrought iron pipe,
galvanized open-hearth pipe, galvan-
ized steel pipe or approved plastic
pipe.
Section P-2313 - Prohibited Recep-
tors is hereby amended by repealing
such section and replacing such sec-
tion with a new section in lieu thereof
as t'ollows:
Section P-2313 - Prohibited
Receptors
No plumbing fixture which is used
for domestic or culinary purposes shall
be used to receive the discharge of an
indkect waste, except that in a resl-
deuce a kitchen sink trap is accept-
able for use as a receptor for a
dishwasher, provided the dishwasher is
provided with an approved dishwasher
airgap fitting installed with the flood
level (FL) marking at or above the
flood level of the sink or
whichever is higher. A laundry tray
may be used as a receptor for a
clothes-washing machine.
P-2407.3 - Drain for
Relief Valves is hereby amended by
repealing such subsection and replacing
such subsection with a new subsection
in lieu thereof os follows:
~ubsection p-2407.3 - Drain for
Relief Valve
Relief valves located inside a build-
lng shall be provided with a full size
drain of galvanized steel or hard drawn
coper piping and fittings and shall
from the valve to an indirect
connection into a floor drain or other
approved point of discharge. The drain
not more than two feet
(2') and not less than six inches (6")
above the surface of the discharge
Appendix, Chapter 35. Appendix,
Chapter 35, "Sound q~ansmission Con-
trol ,, m here y amended by repealing
such chapter.
Appendix, Chapter 38. Appendix,
Chapter 38, "Basement Pipe Inlets" is
hereby amended by repealing such
chapter.
Appendix, Chapter 53. Appendix,
Chapter 53, "Energy Conservation in
Constructmn , is hereby
amended by repealing such chapter.
Appendix, Chapter 57. Appendix,
Chapter 57, "Reguhitions Governing
Fallout Shelters", is hereby amended
by repealing such chapter.
Section 3. That Section 10-2 of
the Code of Ordinances of the City
of Dubuque, Iowa be amended as
;ollows:
Sec. 10-2. Same - Amendments.
Section 3806, "Conflicting Provi-
sions" is hereby amended by repealing
such section and replacing such section
with a new section in lieu thereof as
follows:
Sec. 3808. "Conflicting Provi-
If any provision of this chapter is in
conflict with any provision of Article
IV, "Automatic Sprinkler Protection
System" of Cbepter 14, "Fire Preven-
tion and Protection" of the Code of
Ordinances of the City, the most
restrictive provision, application or
interpretation slmll apply. Such inter-
pretation of most restrictive shall be
made by the Building Official.
Section 4. Savings Clause. If any
section, provision, or part of this Ordi-
nance shall be adjudged to be invalid
or unconstitutional, such adjudication
shall not affect the validity of the
Ordinance as a whole; or any section,
or part hereof not adjudged
Special Session
invalid or unconstitutional
Secllon 5. When Effective. This
Ordinance shall be in effect after its
final passage, approval and publication
as required by law.
PASSED, APPROVED AND
ADOPTED this 13th day of
November, 1984.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy C~ty Clerk
Published officially in the Telegrah
Herald newspaper this 21st day of
November, 1984.
Karen M. Chesterman
Deputy City Clerk
It 11/21
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Kron-
foldt. Carried by the following vote:
Yeas--Mayor Brady Council Mem-
bers Beurskens, Dcich, Hammel,
Kronfoldt, Manning.
Nays--None.
Absent--Council Member Khiesner.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing, providing for the adoption of
the UNIFORM FIRE CODE, present-
ed and read.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and fried. Seconded by Council
Member Kronfoldt. Carried by the
following vote:
Yeas--Mayor Brady Council Mem-
bets Benrskens, Deich, Hammel,
Kronfeldt. Manning.
Nays--None.
Absent--Cenncfl Member Kluesner.
ORDINANCE NO. 42-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY BY REPEALING SECTIONS
14-1, 14-2 AND 14-3 THEREOF AND
]~IACTING NEW SECTIONS 14-1,
14-2 AND 14-3 IN LIEU THEREOF
PROVIDING FOR THE ADOPTION
OF THE UNIFORM FIRE CODE,
SAID ORDINANCE HAVING BEEN
PREVIOUSLY presented and read at
the Council Meeting of October 15,
1984, presented for final adoption.
ORDINANCE NO. 42-84
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
November 13, 1984 489
THE CITY OF DUBUQUE, IOWA,
BY REPEALING SECTION 14-1, 14-
2 AND 14-3 THEREOF AND
ENACTING NEW SECTIONS 14-1,
14-2 AND 14-3 IN LIEU THEREOF
PROVIDING FOR THE ADOPTION
OF THE UNIFORM FIRE CODE
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
~mnces of the C~ty of Dubuque, Iowa,
be amended by repealing Section 14-1
thereof and by enacting a new Section
14-1 in lieu thereof as follows:
"See. 14-1. Uniform Fire Code -
adopted.
(a) Except as hereinafter added to,
deleted, modified or amended, the UUI-
form Fire Code, 1982 edition, as pro-
mulgated by the International
Conference of Building Officials and
Western Fire Chiefs Association is
hereby adopted by reference in full
from the effective date of this section.
(b) All provisions of the Uniform
Fire Code shall be in effect within the
corporate limits of the City.
(c) A copy of the Uniform Fire Code,
1982 edition, shall be on file in the
office of the City Clerk for public
inspection."
Section 2. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Section 14-2
thereof and by enacting a new Section
14-2 in lieu thereof as follows:
"See, 14-2. Uniform Fire Code -
amendments.
That the Code adopted by Section
14-1 of this chapter is hereby amended
as provided in this section.
(a) Section 2.301(a) is hereby
amended by repealing such section and
replacing such section with a new sec-
tion in lieu thereof as follows:
The Chief of the Bureau of Fire Pre-
vention shall have power to modify
any of the provisions of the Code
adopted by Section 14-1 of this chapter
upon application in writing by the
owner or lesee, or his duly authorized
agent, when there are practical diffi-
culties in the way of carrying out the
strict letter of the Code, provided that
the spirit of the Code shall be
observed, public safety secured and
substantial justice done. The particu-
lam of such modification when granted
or allowed and the decision of the
Chief of the Fire Prevention Bureau
thereupon shall be entered upon the
records of the department and a signed
copy shall be furnished the applicant.
(b) Section 2.302, Board of Appeals,
490
Special Session, November 13, 19~4
is hereby amended by repealing such
section and replacing such section with
a new section in lieu thereof as fei-
Whenever the Chief of the Fire
Department shall disapprove an appli-
cation or refuse to grant a permit
applied for, or when it is claimed that
the provisions of the Code adopted by
Section 14-1 of this chapter do not
apply or that the true intent and
meaning of the Code have been mis-
construed or wrongly interpreted, that
applicant may appeal from the decj-
sion of the Chief of the Fire Depart-
merit to the City Council within ten
(10) days from the date of the deci-
sion appealed. Such appeal to the City
Council shall be made in writing set-
ting forth the decision appealed from
the grounds for such appeal.
(c) Section 4.101, Permits and Cer-
tificates, is hereby amended by repeal-
ing such section and replacing such
section with a new section in lieu
thereof ~s follows:
It shall be unlawful for any person,
finn or corporation to use a building
or premises or engage in any activi-
ties for which a permit is required by
the Code of Ordinances, City of
Dubuque, Iowa, Section 14-55 and Sec-
tion 14-70 without first having
obtained such permit. Permits are
required from the Bureau of Fire Pre-
vention.
(d) Section 10.314, Basement Pipe
Inlets, is hereby amended by repeal-
ing and deleting such section.
(e) Section 61.105, Fuel Oil, is hereby
amended by repealing such section and
replacing such section with a new sec-
tion in lieu thereof as follows: .
The grade of fuel oil used in a
burner shall be that for which the
burner is approved and as stipulated
by the manufacturer. Crankcase oil or
any oil containing gasoline shall not
be used except when specifically
authorized by the Mechanical Code
Board.
(f) Appendix I-A, Life Safety
Requirements for Existing Buildings, i~
hereby amended by repealing and
deleting such appendix.
(g) Appendix III-A, Testing Fire
Extin~nishing Systems, Installation of
Basement Pipe Inlets and Fire Alarm
Systems, is hereby amended by repeal-
ing m~d deleting such appendix.
(h) Appendix III-B, Basement Pipe
Inlets, is hereby amended by repeal-
ing and deleting such appendix.
(i) Appendix VI-B, Model Citation
Program, is hereby amended by repeal-
ing and deleting such appendix."
Section 3. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Section 14-3
thereof and enacting a new Section 14-
3 in lieu thereof as follows:
"Sec. 14-3. Uniform Fire Code - def-
initions.
(a) That Section 9.103 of the Uni-
form Fire Code be amended by repeal-
ing the definition of administrator
thereof and by enacting a new defini-
ion of administrator in lieu thereof as
follows:
ADMINISTRATOR is the City
Manager of the City of Dubuque.
(b) That Section 9.112 of the Uni-
form Fh'e Code be amended by repeal-
ing the delinitions of jurisdiction and
urisdictional area thereof and by
enacting new definitions of jurisdiction
and jurisdictional area in lieu thereof
m follows:
JURISDICTION is the City ot
Dubuque, Iowa.
JURISDICTIONAL AREA is the
corporate limits of the City of
Dubuque, Iowa, and property of the
City located outside the corporate
limits of the City.'
Section 4. That the Uniform Fire
Code of the City of Dubuque, Iowa.
established by Ordinance No. 69-79.
and all amendments thereto, be and
the same are hereby expressly
repealed.
Section 5. If any. section, provmiom
or part of this ordinance shall be
adjudged to be invalid or unconsum-
tional, such adjudication shall no~
affect the vM~dity of the ordinance as
a whoie~ or any section, provmmn or
part thereof not adjudged invalid or
unconstitutional.
Passed, approved and adopted this
13th day of November, 1984.
James E. Brady
Mayor
VI~TEST:
Karen M. Cbesterman
Deputy City Clerk
Published officially in the Tele~'aph
Herald newspaper this 2let day of
Novendier, 1984.
Karen M. Chesterman
Deputy City Clerk
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member
Kronfeldt. Carried b~ the following
vote:
Yeas--Mayor Brady Council Mem-
bers Beurskens, Deich, Hammel,
Special Session
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Khiesner.
Proof of publication, certified to by
the Publisher, on Notice of Pendency
of Resolution of Necessity for Public
Improvements and Public Hearing
upon proposed plans and specs, etc.
for construction of Dubuque Dog Rac-
lng Facility Package "C", presented
and read.
Council Member Beurskens moved
that the proof be received and filed.
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning.
Nays--None.
Abeent--Councll Member Kinesner.
(Necessity for Improvement)
RESOLUTION NO. 339-84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Dubuque Dog Racing Facility
Package "C" comprising of Contract
//10 - Interior Systems, and Contract
#12 - Concrete Topping and Risers.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
visable and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final con-
slderation of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cji and are now on file with the City
Clerk. That the cost and expense of
making such improvement will be paid
from General Obligation Bond Funds.
The above resolution was introduced,
, November 13, 1984 491
approved and ordered placed on file
with the City Clerk this 15th day of
October, 1984.
Approved and placed on file for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 13th day of
November, 1984.
James E. Brady
Mayor
ATTEST:
Karen M. Cbesterman
Deputy City Clerk
Council Member Beurskens moved
final adoption of the Resolution, as
amended. Seconded by Council Mem-
ber Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning,
Nays--None.
Abeent--Councjl Member Khiesner.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 364414
WHEREAS, proposed plans and
specifications and form of contract for
the Dubuque Dog Racing Facility
Package "C" comprising of Contract
#10 - Interior Systems, and Contract
#12 - Concrete Topping and Risers
have been approved by the City Coun-
cil of the City of Dubuque and public
notice given as provided by the Code
of Iowa pertaining to public contracts
and bonds, and the time and place fix-
ed for the hearing of ali objections to
said plans, specifications or contract
for or cost of such improvements, said
time being this 13th day of November,
1984; and
WHEREAS, the City Council met in
special session this 13th day of
November, 1984, at 6:00 p.m. at the
492
Special Session, November 13, 1984
Majestic Room in Five Flags Civic
Center for the purpose of hearing ail
interested parties an~I considering any
and all objections winch have been fil-
ed to the proposed plans, specifica-
tions or contract for or cost of the ira-
provement herein described and pro-
posed to be made; and
WHEREAS, ail interested parties
have been given an opportunity to be
beard and ail objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, that all objec-
tions which have been made and ~ed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made, be
and the same hereby overruled and
~uch plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, approved and adopted this
13th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Karen M. Chasterman
Deputy City Clerk
Council Member Beurskens moved
final adoption of the Resolution·
Seconded by Council Member Kron-
feldt. Carried by the fonowing vote:
Yeas--Mayor Brady Council Mem-
bers Beurskens, Deich, Hammel,
Kronfeldt, Manning·
Nays--None.
Absent--Council Member Klueaner.
(Ordering Construction)
RESOLUTION NO. 365-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resnlution of
Necessity No. 339-84 which was duly
passed by this Council for the Dubu-
que Dog Racing Facility Package "C"
comprising of Contract #10 - Interior
Systems, and Contract #12 - Concrete
Topping and Risers be and the same
are hereby ordered and constructed by
this Council upon its own motion and
with or without the petition of proper-
ty owners. All the work shall be con-
structed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from the General
Obligation Bond Funds·
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
13th day of November, 1984·
James E. Brady
Mayor
ATTEST:
Keren M. Chesterrnan
Deputy 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 Beurskens, Deich, Hammal,
Kronfeldt, Manning.
Nays--None·
Absent--Council Member Kinesner.
Proof of publication, certified to by
the publisher, on Notice to contractors
of the receipt of proposals for the con-
structinn of the Dubuque Dog Racing
Facility Package "C", presented and
read.
Council Member Beurskens moved
that the proof of publication be receiv-
ed and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady Council Mem-
bets Beurskens, Deich, HammeL
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Special Session
Communication of City Manager
recommending to award contracts for
above projects, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council Mem-
ber Kronfeldt. Carried by the following
vote.'
Yeas--Mayer Brady Council Mem-
bers Beurskens, Deich, Hammal,
Kronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communications of Attorney David
C. Bauer on behalf of MMC Mechani-
cai Contractors, objecting to awarding
of Contract t7.1 Plumbing to Modern
Piping, Inc. and requesting considera-
tion for awarding of contract to MMC
Mechanical Contracts; AND Com-
municatinn of F. James Bradley, P.C.
requesting review of the bidding pro-
cedure re: Contract #8 Electrical
Systems, presented and read.
Council Member Beurskens moved
that the communications be received
and filed. Seconded by Council Mem-
bec Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady Council Mem-
bers Beurskens, Deich, Hammal,
Iironfeldt, Manning.
Nays--None.
Abeent--Councll Member Kluesner.
A Resolution Awarding Contract #7
for Fire Sprinkler Systems to the Con-
tinental Fire Sprinkler Co., Omaha,
Nebraska in the amount of $42,944 for
said project; A Resolution Awarding
Contract 7.1 for Plumbing Systems to
Modern Piping, Inc. of Cedar Rapids,
Ia. in the amount of $190,000; A
Resolution Awarding Contract #7.2
for HVAC Systems to Geisler Bros. in
the amount of $619,800; A Resolution
Awarding Contract #8 for Electrical
Systems to Mnldt Electrical in the
total contract amount of $598,800; A
Resolution Awarding Contract ~9 for
Acoustical Ce'ding Systems to Sullivan
Bros. of Madison, WI in the total con-
tract amount of $87,998; A Resolution
Awarding Contract #10 for Interior
Systems to Rinderknecht Associates
of Cedar Rapids, Ia. in the total
amount of $410,600; A Resolution
Awarding of Contract #11 Tote
Building and General Construction to
November 13, 198~ 493
Kraemer Bros. Inc. of Plain, WI for a
total contract amount of $30,700 and a
Resolution Awarding of Contract #12
Concrete Topping and Risers to Ed-
wards Concrete Contracts of Dubuque
in the total contract amount of
$181,000, presented and read.
Council Member Beurskens moved
adoption of the above Resolutions.
Seconded by Council Member Mann-
ing.
Council Member Deich moved to
amend the motion to adopt the Resolu-
tlons, awarding contracts to above
specified contractors, but to just
award contracts on the basis of base
bids only (no liquidated damages).
Seconded by Council Member Ham-
reel.
Vote on the motion was as follows:
Yeas--Mayer Brady, Council Mem-
ber Hammel.
Nays--Council Member Beurskens,
Deich, Kronfeldt, Manning.
MOTION FAILED.
Council Member Manning moved to
amend the motion to adopt the Resolu-
tions, removing the Contract to award
Contract 7.1 Plumbing from action at
this thne. Seconded by Council Mem-
ber Hammel. Carried by the following
Yeas--Council Members Deich,
Hammel, Kronfeldt, Manning.
Nays--Mayor Brady, Council Mem-
bet Buerskens.
Vote on the main motion, as amend-
ed, adopting ail Resolution with the
exception of the Resolution awarding
Contract 7.1 Plumbing.
Yeas--Council Member Hammel,
Manning.
Nays--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kronfeldt.
MOTION FAILED.
Council Member Beurskens moved
to accept all the Resolutions awarding
contracts, excluding that Resolution
awarding Contract 7.1, without li-
quidated damages, except those three
(3) which have the liquidated damages
as a no-add cost (Not accepting any
contracts that have liquidated
damages as an add-on cost - those at
base bid).
Special Session, November 13, 1984 495
Special Session, November 13, 1984
NO VOTE ON THE MOTION DUE
TO THE WITHDRAWAL OF COUN-
CIL MEMBER HAMMEL'S "SEC-
OND''.
Council Member Deich moved to
table the entire project until the next
regularly scheduled City Council
Meeting (Nov. 19). Seconded by Coun-
ril Member Kronfeldt.
8:14 P.M. Council Recessed.
8:24 P.M. Council Recnnvened.
Vote on the above motion (tabling
entire project until 11-19-84) was as
follows:
Yeas--None.
Nays--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Krnnieldt, Manning.
Absent--Council Member Klueener.
MOTION FAILED.
Council Member Deich moved that
they table all the contracts with the
exception of the Resolutions awarding
Contracts No. 10 and 12 until the next
Council Meeting (Nov. 19), and to ex-
clude liquidated damages.
MOTION DIED FOR LACK OF A
SECOND.
Council Member Beurskens moved
that we table all the contracts (Resolu-
tions awarding) with the exception of
Resolutions awarding Contract No. 10,
awarding that with elimination of li-
quidated damages and awarding Con-
tract No. 12, with the acceptance of li-
quidated damages.
MOTION FAILED FOR LACK OF
A SECOND.
(Awarding Contract)
RESOLUTION NO. 366-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Dubuque Racing Facility Bid Package
"C" - Contract 10 - Interior Systems
and add Alternate 10 Liquidated
Damages pursuant to Resolution No.
~41-84 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 15th day of Oc-
tober, 1984.
WHEREAS, said sealed proposals
were opened and read on the 7th day of
November, 1984 and it has been deter-
mined that the bid of Rinderknecht
of Cedar Rapids, Iowa in
amount of $410,600.00 was the
lowest bid for the furnishing of all
labor and materials and performing
the work as provided for in the plans
and specifications.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the above-mentioned im-
provement be awarded to Rinder-
knecht Associates and the Manager be
and is hereby directed to execute a
contract on behalf of the City of Dubu-
que for the complete performance of
the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
13th day of November, 1984.
James E. Brady
~ayor
Karan M. Chesterman
Deputy City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Kronfeldt, Manning.
Nays--Council Members Deich,
Hammel.
Absent--Council Member Khiesner.
(Awarding Contract)
RESOLUTION NO. 367-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Dubuque Racing Facility Bid Package
"C" - Contract 12 - Concrete Topping
and Risers and add Alternate 12 Li-
qnidated Damages pursuant to Reeo-
hition No. 341-84 and notice to bidders
d in a newspaper published in
the City of Dubuque, Iowa on the 15th
day of October, 1984.
WHEREAS, said sealed proposals
were opened and read on the 7th day of
November, 1984 and it has been deter-
the amount of $181,000 was the lowest
bid for the furnishing of all labor and
materials and performing the work as
provided for in the plans and specifica-
tions.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the above-mentioned im-
provement be awarded to Edwards
Concrete Contractors and the
Manager be and is hereby directed to
execute a contract on behalf of the Ci-
ty of Dubuque for the complete perfor-
mance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsucessful bidders.
Passed, approved and adopted this
13th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded
by Council Member Beurskans. Car-
ried by the following vote:
Yeas--Mayor Brady Council Mem-
bers Beurskens, Kronfeldt, Manning.
Nays--Council Members Deich,
Hammel.
Absent--Council Member Kluesner.
Council Member Manning moved
that they table all the Resolutions
awarding these Contracts: 7.0, 7.1, 7.2,
8, 9 and 11, until the next Council
Meeting, next Monday night
111-19-84). Seconded by Council Mem-
ber Beurskens.
Vote on the motion was as follows:
Yeas--Council Member Beurskens,
Deich, Manning.
Nays--Mayor Brady, Council Mem-
bers Hammel, Kronfeldt.
Absent--Council Member Kluesner.
MOTION FAILED DUE TO LACK
OF A MAJORITY VOTE.
Council Member Manning moved
that they table all the Resolutions
awarding these Contracts, 7.0, 7.2, 8, 9
and 11, until next Monday night's
Council Meeting 111-19). Seconded by
Council Member Kronfeldt. Carried by
the following vote:
Yeas--Mayor Brady Council Mem-
bers Bnnrskens, Deich, Krnnfeldt,
Manning.
Nays--Council Member HammeL
Absent--Council Member Klueaner.
Council Member Hammel moved
that they award the Resolution award-
lng Contract 7.1 to MMC Contractors,
Inc. in the amount of $187,500
MOTION FAILED DUE TO
WITHDRAWAL OF COUNCIL
MEMBER DEICH'S SECOND.
Council Member Krnnfeldt moved
that the Resolution awarding Contract
7.1 be tabled until Monday right
11-19). Seconded by Council Member
the following vote:
Yeas--Mayor Brady Council Mem-
bets Beurskens, Deich, Hammal,
Kronfaldt, Manning.
Nays--None.
Absent--Council Member Klueaner.
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-
bets Beurskens, Delch, Hammel,
~ronfeldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Mary A. Davis
City Clerk
BY: Karen M. Chesterman
Deputy City Clerk
Approved _1985
Adopted - 1985
Mayor
496
Special Session, November 13, 1984
Council Members
ATTEST:
City Clerk
SpecialSession
CITY COUNCIL
OFFICIAL
Special Session, November 19, 1984.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deicli, Hammel,
Kluesner, Manning, City Manager W.
Kenneth Gearhart, Corporation
Counsel William G. Blum.
Absent--Council Member Kron-
feldt.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose to set a Public Hearing
on the vacation of portions of
Roosevelt St., easterly from Garfield
Ave., and to act upon such other
business which may properly come
before the Council.
Invocation was given by Father
Karl G10vik, Pastor of St. Patrick's
C~tholic Church.
Council Member Beurskens moved
to suspend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Councll Member Kron-
feldt.
Jerry Guy of the Durrant Group
gave a progress report on the Dubu-
que Dog Racing Track Facility.
Communication of City Manager
submitting documents providing for
the approval of plat and setting for
public hearing the vacation of portions
of B~osevelt St., easterly from Gar-
field Ave., presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel
Kluesner, Manning.
November 19, 1984 497
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 368-84
Resolution Approving Plat of Vacated
Portion of Roosevelt Street, Easterly
From G~rBeld Avenue to the Chicago,
Milwaukee, St. Paul & Pacific Rail-
road Tracks
WHEREAS, there has been
presented to the City Council of the Ci-
ty of Dubuque, Iowa, a plat dated Oc-
tober 31, 1984, prepared by Shive-
Hattery & Associates, covering a
vacated portion of Roosevelt Street,
easterly from Garfield Avenue to the
Chicago, Milwaukee, St. Paul & Pacific
Railroad tracks; and
WHEREAS, said plat conforms to
the laws and statutes pertaining
hereto.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque Iowa:
Section 1. That the plat dated Oc-
tober 31, 1984 prepared by Shiva Hat-
tery & Associates covering the real
estate hereinabove described, be in the
same as hereby approved, and that the
Mayor and City Clerk be and they are
hereby authorized and directed to ex-
acute said plat for an on behalf of the
City of Dubuque, Iowx
Section 2. That the C~ty Clerk be and
is hereby authorized and directed to
qle said plat and certified copy of this
resolution in the office of the Recoager
in and for Dubuque County,
Passed, approved and adopted this
19th day of November, 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, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
498
Special Session, ~qovember 19, 1984
An ORDINANCE Vacating a por-
tion of Roosevelt St., easterly from
Garfield Ave. to the Chicago,
MJlwaukee, St. Paul and Pacific
Railroad Tracks, presented and read.
Council Member Beurskens moved
that the reading just had be con-
sidered the first reading of the Ore
dinnnce. Seconded by Council Member
Delch. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kren-
feldt.
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, be dispensed with. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammal,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
fei&.
Council Member Beurskens moved
that a Public Hearing be held on the
Ordinance on December 3,1984 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 Deich.
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. 20-84 Providing
for monthly subscriber rates and
charges for Cable Television Basic Ser-
vice for final consideration and discus-
sion, presented and read.
Council Member Beurskens moved
that the Ordinance be removed from
the table and retabled until the Coun-
cil Meeting of December 3, 1984.
Seconded by Council Member Deich.
Vote on the motion was as follows:
Yeas--Council Members Beurskens,
Deich, Kluesner.
Nays--Mayor Brady, Council
Member Hammel, Manning.
Absent--Council Member Kron-
!eldt.
MOTION FAILED.
Mr. James Weber, Gen. Mgr. of
Group W Cable TV, stated that he
would not be available for the Council
Meeting of Dec. 3, and gave a report
on the answering service at Group W
offices.
Council Member Manning moved
that tho Legal Staff be directed to seek
a Declaratory Ruling to settle the
issue as to whether the Council had .the
right to reconsider the vote concermng
the Cable Ordinance. Seconded by
Council Member HarnmeL Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Deich, Hammel, Manning.
Nays--Council Members Bcarskens,
Kinesner.
Absent--Council Member Kron-
fei&.
(Necessity, For Improvement)
RESOLUTION NO. 339-84
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of.
rice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Dubuque Dog Racing Facility
Package "C" comprising of Contract
g/ - Fire SprMkler Systems, Contract
#7.1 - Plumbing Systems, Contract
#Z2 - HVAC Systems, Contract #8
-Electrical Systems, Contract g9
-Acoustical Ceiling Systems, and Con-
tract #11 - Tote Building and General
Construction.
BE IT THEREFORE RESOLVED
that the City Council deems it ad-
and necessary for the public
welfare to make the herein mentioned
improvement, and unises interested
persons at the time of the final con-
sideration of this proposed resolution
have filed objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Special SessiOn, November 19,1984 499
Said improvement shall bo co--~-con--n--~C-Cn. Constructinn have been approved by
structod and done in accordance with I the City Council of the City of Dubu-
the plans and specifications which I que and public notice given as provid-
have been approved by the City Coun- I ed by the Code of Iowa pertaining to
cil and are now on file with tha City I public contracts and bonds, and the
Clerk. That the Cost and expense of I t'__nne and place fixed for the hearing of
making such improvement will be paid all objections to said plans, specifiea-
from General Obligation Bond Funds. ti0ns or contract for or cost of such ira-
provements, said time being this 19th
The above resolution was intreduc-
ed, approved and ordered placed on file
with the City Clerk this 15th day of
October, 1984.
Approved and placed on ~e for final
action.
APPROVED:
James E. Brady
Mayor
ATTEST:
Mary A, Davis
City Clerk
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 19th of
November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Reaulutiom Seconded
by Council Member Bnarskans. Car-
ried by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Kluesner.
Nays--Mayor Brady, Council Mem-
ber Maturing.
Absent--Council Member Kron-
feldt.
Decision of Conncil Upon Objections
to Plans Specifications, Form of Con-
tract and Cost of Improvements
RESOLUTION NO. 369-84
WHEREAS, proposed plans and
specifications and form of contract for
the Dubuque Dog Racing Facility
Package "C" comprising of Contract
~7 - Fire Sprinkler Systems, Contract
#7.1 - Plumbing Systems, Contract
~7.2 - HVAC Systems, Contract #8.0
.Electrical Systems, Contract $9.0
-Acoustical Ceiling Systems, Contract
//11.0 - Tote Building and General
day of November, 1984; and
WHEREAS, the City Council met in
special session on the 13th day of
November, 1984, at 6:00 p.m. at the
Majestic Room in Five Flags Civic
Center for the purpose of hearing all
interested parties and considering any
and ail objections which have been ili-
ad to the proposed plane, specillca-
ions or contract for or cost of the said
improvement herein described and
proposes to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered; and
WHEREAS, the City Council of the
City of Dubuque met this 19th day of
November, 1984 at 7:30 p.m. in the
Public Library Auditorium for the pur-
pose of final action on the proposed
plans, specifications or contract for or
cost of the said improvement herein
described and proposes to be made;
and
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque that all objec-
tions which have been made and filed
to the plans, specifications, contract
for or cost of said improvement herein
described and proposed to be made be
and the same are hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this City Council upon all
objections which have been filed to the
plans, specifications, and form of con-
tract and cost of said improvement be
made a matter of permanent record in
connection with said improvement.
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolutlon. Seconded
by Council Member Beurskens. Car-
tied by the gollowing vote:
Yeas--Council Members Banrskens,
De(ch, Hammel, Khiesner.
Nays--Mayur Brady, Council Mem-
ber Manning.
Absent--Council Member Kron-
feldt.
IOrdering Construction)
RESOLUTION NO. 370-84
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 339-84 which was duly
passed by this Council for the Dubu-
que Dog Racing Facility Package "C"
comprising of Contract #7 - Fire
Sprinkler Systems, Contract #7.1
-Plumbing Systems, Contract #7.2
-HVAC Systems, Contract #8 - Elec-
trical Systems, Contract #9
-Acoustical Ceiling Systems, and Con-
tract #1I - Tote Building and General
Construction be and the same are
hereby ordered and constructed by
this Council upon its own motion and
with or without the petition of proper-
ty owners. All the work shall be con-
structed in accordance wlth the plans
and specificatlans heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid frmn General
Obligation Bond Funds.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of inunediate necesslty
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Special Session, November 19, 1984
Council Member Hammel moved
idoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Council Members Beurskens,
De(ch, Hammel, Kluesner.
Nays--Mayor Brady, Council Mem-
ber Manning.
Member Kron-
[eldt.
(Awarding Contract)
RESOLUTION NO. 371-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Dubuque Racing Facility Bid Package
"C" - Contract 7 - Fire Sprinkler
Systems pursuant to Resolution
No. 341-84 and notice to bidders
published in a newspaper published in
the City of Dubuque, Iowa on the 15th
day of October, 1984.
WHEREAS, said sealed proposals
were opened and read on the 7th day of
November~ 1984 and it has been deter-
mined that the bid of Continental Fire
Sprinkler Company of Omaha,
Nebraska in the amount of $42,944.00
was the lowest bid for the furnishing
of all labor and materials and perform-
the work as provided for in the
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the above-mentlaned ira-
provement be awarded to Continental
Fire Sprinkler Company and the
Manager be and is hereby directed to
execute a contract on behalf of the Ci-
ty of Dubuque for the complete perfor-
mance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Special Session, November 19,1984
Council Member Hannnel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the fullow~ng vote:
Yeas--Council Members Beurskens,
Deich, Hanunel, Klueener.
Nays--Mayor Brady, Council Mem-
ber Manning.
Absent--Council Member Kron-
feldt.
IAwarding Contract)
RESOLUTION NO. 372-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Dubuque Racing Facility Bid Package
"C' - Contract 7.1 - Plumbing Systems
and pursuant to Resolution No. 341-84
and notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 15th day of Oc~
tober, 1984.
WHEREAS, said sealed proposals
were opened and read on the 7th day of
November, 1984 and it has been deter-
mined that the bid of MMC Mechani-
cal Contractors, of Dubuque, Iowa in
the amount of $187,000 was the lowest
bid for the furnishing of all labor and
materials and performing the work as
provided for in the plans and spec(fica-
tions.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
constract for the above~mantioned im-
provement be awarded to MMC Me-
chanical Contractors and the Manager
be and is hereby directed to execute a
contract on behalf of the City of Dubu-
que for the complete performance of
the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
501
Council Member Hammel moved
n of the Resolution. Seconded
by Council Member Banrskens. Car-
tied by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Kluesner.
Nays--Mayor Brady, Council Mem-
ber Manning.
Absent--Councll Member Kron-
feldt.
(Awarding Contract)
RESOLUTION NO. 373-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Dubuque Racing Facility Bid Package
"C" - Contract 7.2 - HVAC Systems
and pursuant to Resolution No. 341-84
and notice to bidders published in a
newspaper published hi the City of
Dubuque, Iowa on the 15th day of Oc-
tober, 1984.
WHEREAS, said sealed proposals
were opened and read on the 7th day of
~ovember, 1984 and it has been deter-
mined that the bid of Geisler Brothers
Company af Dubuque, Iowa in the
amount of $613,100 was the lowest bid
for the furnishing of all labor and
materials and performing the work as
tions.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the above-mentioned ira-
provement be awarded to Geisler
Brothers Company and the Manager
be and is hereby directed to execute a
contract on behalf of the City of Dubu-
clue for the complete performance of
BE IT FURTHER RESOLVED:
,~hat upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
502
Special Session, November 19, 1~
Council Member Hannnel moved
adoption of the Resolution Seconded
by Council Member Bourskans. Car-
tied by the following vote:
Yeas--Council Members Beurskens,
Deleh, Hammel, Kluesaer.
Nays--Mayor Brady, Council Mem-
ber Manning.
Absent--Council Member Kron-
Ieldt.
(Awarding Contract)
RESOLUTION NO. a74-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Dubuque Racing Facility Bid Package
"C" - Contract 8 · Electrical Systems
and pursuant to Resolution No. 541-84
and notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 15th day of Oc-
teber~ 1984.
WHEREAS, said sealed proposals
were opened and read on the 7th day of
November, 1984 and it has been deter-
mined that the bid of Maldt Electric
Service, Inc. of Dubuque, Iowa in the
amount of $588,800.00 was the lowest
bid for the furnishing of all labor and
materials and performing the work as
provided for in the plans and specifica-
tlens.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the above-mentioned im-
provement be awarded to Moldt Elec-
tric Service, Inc. and the Manager be
and is hereby directed to execute a
contract on behalf of the City of Dubu-
que for tho complete performance of
the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bend, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
tied by the following vote:
Yeas--Council Members Bcurskans,
Deich, Hammel, Klueaner.
Nays--Mayor Brady, Council Mem-
ber Manning.
Absent--Council Member Krun-
feldt.
(Awarding Contract)
RESOLUTION NO. $75-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Dubuque Racing Facility Bid Package
"C" - Contract 9 - Acoustical Ceiling
Systems and pursuant to Resolution
No. 341-84 and notice to bidders
mblished in a newspaper published in
the City of Dubuque, Iowa on the i5th
day of October, 1984.
WHEREAS, said sealed proposals
were opened and read on the 7th day of
November, 1984 and it has been deter-
mined that the bid of Sullivan Bros.,
Inc, of Madison, Wlsconiin in the
amount of $83,998.00 was the lowest
bid for the furnishing of all labor and
materials and performing the work as
provided for in the plans and specifica-
tions.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the abeve-mentioned im-
provement be awarded to Sullivan
Bros., Inc. and the Manager be and is
hereby directed to execute a contract
on behaff of the City of Dubuque for
the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and tho approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of tbe unsucceeeful bidders.
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
SpecialSessio~
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
yeas--Conncil Members Beurskens,
Dalch, Hammel, Kluesner.
Nays--Mayor Brady, Council Mem-
ber Manning.
Absent--Council Member Kron-
faldt.
(Awarding Contract)
RESOLUTION NO. 376-84
WHEREAS, sealed proposals have
been submitted by contractors for the
Dubuque Racing Facility Bid Package
"C" · Contract 11 - Tote Building and
General Construction and pursuant to
Resolution NO. 341-84 and notice to
bidders published in a newspaper
published hi the City of Dubuque,
Iowa on the 15th day of October, 1984.
WHEREAS, said sealed proposals
were opened and read on the 7th day of
November, 1984 and it has been deter-
mined that the bid of Kraemer Bros.
Inc. of Plain, Wisconsin in the amount
of $30,700.00 was tho lowest bid for
the furnishing of all labor and
materials and performing the work as
provided for in the plans and specifica-
tions.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa: That the
contract for the above-mentioned im-
provement be awarded te Kraemer
Bros., Inc. and the Manager be and is
hereby directed to execute a contract
on behaff of the City of Dubuque for
the complete performance of the~work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's
bond, the City Treasurer is authorized
and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
November 19, 1984 503
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Council Members Beurskens,
Deich, Hammel, Kluesner.
Nays--Mayor Brady, Council Mem-
ber Manning.
Ahaent--Council Member Kron-
feidt.
Petition of Stephen J. Simon et al
(approx. 1500 signatures attached) re-
questing repeal of Chapter 22,
specifically paragraph 6 of the Code of
Ordinances providing for regulation of
Junk Dealers, Secondhand Dealers
and Pav~brokers, presented and read.
Mr, Simon spoke to the petition.
Council Member Deich moved that
the petition be received and filed and
matter referred to the Legal Staff and
City Manager (also include sugges-
tions and approve recommendations
as presented by Mr. Simon). Seconded
by Council Member Beurskens. Car-
ried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Klueaner, Manning.
Nays--None.
Absent--Council Member Kron-
faldt.
Petition of John W. Moore re-
questing discussion time and setting
~f a Public Hearing concerning poeei-
ble purchase of property on Hill St.
and other specifics of his request,
presented and read.
Council Member Hammel moved
that the petition be received and filed
and deny the petition and request.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
Ialdt.
Petition of Mr. and Mrs. Robi G.
Klugn, Sr. requesting discussion time
concerning matter of Lower (Income)
Housing, presented and read.
Council Member Hammel moved
that the matter be submitted to the
Housing Commission for their review
504
Special Session, November 19, 1984
and report back to the Council as soon
as possible. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Council recessed at 9:18 p.m.
Council reconvened at 9:28 p.m.
Communication of City Manager
presenting the Scope of Services for
the Hotel Feasibility Study, presented
and read.
Council Member Hammel moved
that the communication be received
and filed and study approved, with a
maximum $9500 expenditure. Second-
ed by Council Member Manning. Car-
ried by the following vote:
Yeas--Council Members Beurskens,
Hammel, Kluesner, Manning.
Nays--Mayor Brady, Council Mem~
bet Deich.
Absent--Council Member Kron-
feldt.
Communication of City Manager
submitting a Resolution formalizing
cost allocations between the County
Board of Supervisors and the City of
Dubuque pertaining to remodeling the
Joint Communications Center and
relocation of police and Sheriff locker
facilities in the Law Enforcement
Center, and requests that the Council
authorize the Mayor to sign it,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hamme],
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 377-84
Agreement of Dubuque County Board
of Supervisors and Dubuque City
Council Re Costs of Renovation Pro-
jects at the Dubuque County/City Law
Enforcement Center
WHEREAS, on August 17, 1981,
the Dubuque County Board of Super-
visors approved the request of the Ci*
ty of Dubuque to enlarge the dispatch
area of the Dubuque County/City Law
Enforcement Center to accommodate
~nsolldatinn of the City's police and
fire emergency communication cent-
ers; and
WHEREAS, at the time of that
agreement certain capital costs were
identified as potential costs to the
County to be reimbursed to the City
when an "enhanced 911 system" is ira-
plemented; and
WHEREAS, a portion of those iden-
ified costs were to provide a new ad-
mlnistrative teleplione system for the
Center; and
WHEREAS, that telephone system
was purchased jointly by the City and
County in 1982, eliminating those
costs from this consideration; and
WHEREAS, consolidation of the
Sheriff, Police and Fire Emergency
Communication Centers was approved
by the Board of Supervisors and City
Council on May 14, 1984; and
WHEREAS, on August 6, 1984, the
Dubuque County Board of Super-
visors awarded a construction con-
tract for $126,893 for renovation of the
Law Enforcement Center, said renova-
.ion to include construction of office
space that will exclusively benefit the
Police Department; and
WHEREAS, on August 3, 1984, the
Law Enforcement Center Committee,
consisting of the Chairperson of the
Board of Supervisors, City Manager,
Sheriff and Chief of Police formally
recommended that the financial
obligation of the County to the City
for the renovation of the Dispatch
Center be waived.
NOW, THEREFORE the Dubuque
City Council and the Dubuque County
Board of Supervisors do mutually
agree that:
1. The County's potential financial
obligation to the City for renova-
tion of the Dispatch Center be
forever waived;
Special Session, November 19,1984
505
2. Any potential financial obligation
of the City for construction of of-
fice space during the current reno-
vation, exclusive of financial par-
ticipation in architectural and con-
struction management fees is for-
ever waived.
FOR THE COUNTY
Donna L. Smith, Chairperson
Dubuque County Board of Supervisors
ATTEST:
Terrence Hirsch, County Auditor
FOR THE CITY
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
RESOLUTION adopted this 19th day
of November, 1984 by the Dubuque
City Council.
RESOLUTION adopted this 26th day
of November, 1984 by the Dubuque
County Board of Supervisors.
RESOLUTION NO. 378-84
"Resolution authorizing the issuance
and sale of Industrial Development
Revenue Bond IDairy Lab Services,
Inc. Project) of the City of Dubuque,
Iowa, in an aggregate principal
amount not to exceed $240,000; the ex-
ecution and delivery of a Lender Loan
Agreement with Luana Savings Bank
providing the terms and sale of such
bond; the execution and delivery of a
Loan Agreement with Dairy Lab Set-
vices, Inc. providing for the repay-
ment of the loan of the proceeds of
such bond, and related matters".
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa Ithe "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 manufac-
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 multistata business; and
WHEREAS, the Issuer has made
the necessary arrangements with
Dairy Lab Services, Inc. (the "Corn-
an Iowa corporation, for the
acquisition by construction or pur-
chase of land, a 60' by 110' precast
concrete and steel building, equipment
and improvements suitable for use as a
headquarters facility for the Company
(the "Project"), located at 5105 Wolff
Road within the corporate boundaries
of the Issuer; and
WHEREAS, it is necessary and ad-
provisions be made for the
~ssuance of Industrlal Development
Revenue Bond, Series 1984 IDairy Lab
Services, Inc. Project) of the Issuer in
an aggregate principal amount not to
exceed $240,000 (the "Bond") as
permitted by the Act
to finance the cost of the Project to
that amount; and
WHEREAS, the Issuer will loan the
proceeds of the Bond to the Company
pursuant to the provisions of a Loan
Agreement dated as of November 1,
1984 (the "Loan Agreement") between
the Issuer and the Company the
obligation of which will be sufficient to
pay the principal of, redemp;tion
and interest on the
bond as and when the same shall be
due and payable; and
WHEREAS, the Bond will be sold
pursuant to and secured as provided
by a Lender Loan Agreement to be
dated as of November 1, 1984 (the
"Lender Loan Agreement") by and
between the Issuer and Luana Savings
Bank (the "Lender"); and
WHEREAS, the rights of the Issuer
in and to the Loan Agreement are
assigned to the Lender under the
Lender Loan Agreement; and
Special Session, November 19,1984
WHEREAS, notice of intention to
issue the Bond has been published and
this Council has conducted a public
hearing pursuant to such published
notice, all as required by the Act and
Section 103{k) of the Internal Revenue
Code, and has determined that it is
necessary and advisable to proceed
with the financing of the Project; and
WHEREAS, the Issuer has arrang-
ed for the sale of the Bond to the
Lender;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. Authorization of the
Bond. In order to finance the cost of
the Project, the Bond shall be and the
same is hereby authorized, determined
and ordered to be issued in an ag-
gregate principal amount not to exceed
~240,000. The Bond shall be issued in
fully registered form, numbered B-l,
and shall be dated as of the date of is-
suance and delivery thereof and shall
be executed, shall be in such form,
shall be payable, shall have such
prepayment provisions, shall bear in-
terest at such rates, and shall be sub-
ject to such other terms and conditions
as are set forth therein and in the
Lender Loan Agreement and Loan
Agreement. The Bond and the interest
thereon do not and shall never con-
stitute an indebtedness of or a charge
against the general credit or taxing
power of the Issuer, but are limited
obligations of the Issuer payable solely
from revenues and other amounts
derived from the Loan Agreement and
the project and shall be secured by an
assignment of the Loan Agreemeent
and the revenues derived therefrorrr
Forms of the Lender Loan Agreement,
the Bond and the Loan Agreement are
before this meeting and are by this
reference incorporated in this Bond
Resolutior, and the City Clerk is
hereby directed to insert them into the
minutes of the City Council and to
keep them on file.
Section 2. Lender Loan Agreement;
Sale of the Bond. In order to provide
for the sale of the Bond to the Lender
and the conditions with respect to the
delivery thereof, the Mayor and City
Clerk shall execute, acknowledge and
deliver in the name and on behalf of the
Issuer, the Lender Loan Agreement in
the form submitted to
the City Councig which is hereby ap-
proved in all respects. The sale of the
Bond to the Lender is hereby approved
and the Mayor and City Clerk of the
Issuer are hereby authorized and
directed to deliver the Bond to the
Lender. Deposit by the Lender to the
credit of the Issuer of the purchase
price, namely $240,060, in immediately
available funds at the office of the
hall constitute payment in full
for the Bond pursuant to Section 1.02
of the Lender Loan Agreemen~ The
Lender shall be authorized as the
Issuer's depository and agent to ira-
mediately deposit such purchase price
in the Project Fund established by See-
tlor~ 1.03 of the Lender Loan Agree-
ment to effect the making of the loan of
the proceeds of sale of the Bond to the
Company pursuant to Section 1.02 of
the Lender Loan Agreement.
Section 3. Repayment of Loan. The
Loan Agreement requires the Com-
puny in each year to pay amounts as
loan payments sufficient to pay the
of, redemption premium, if
any, and interest on the Bond when
and as due and the payment of such
amounts by the Company to the
Lender pursuant to the Loan Agree-
ment is hereby authorized, approved
and confirmecL
Section 4. Loan Agreement. In order
to provide for the loan of the proceeds
of the Bond to acquire and equip the
Project and the payment by the Com-
puny of an amount sufficient to pay
the principal of and premium, if any,
and interest on the Bond, the Mayor
and City Clerk shall execute, and
deliver in the name and on behalf of the
Issuer the Loan Agreement in substan-
tialiy the form submitted to the City
Counci~ which is hereby approved in
all respects.
Section 5. Miscellaneous. The Mayor
and/or the City Clerk are hereby
authorized and directed to execute, at-
test, seal and deliver any and all
documents and do any and all things
deemed necessary to effect the is-
suance and sale of the Bond ami the ex-
eeutlon and delivery of the Loan
Agreement and the Lender Loan
Agreemeng and to carry out the intent
and purposes of this resolution, in-
cluding the preamble hereto.
Section 6. Severability. The provi-
sions of this resolution are hereby
Special Sessio~
declared to be separable and if any sec-
tion, phrase or provisions shall for any
reason be declared to be invalid, such
declaration shall not affect the validity
of the remainder of the sections,
phrases and provisions.
Section 7. Repealer. All resolutions
and parts thereof in conflict herewith
are hereby repealed to the extent of
such conflict.
Section 8. Effective Date. This
resolution shall become effective im-
mediately upon adoption.
Passed and approved this 19th day
of November, 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
Members Beurskens, Deich, Hummel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of the City Mgr.
submitting Resolution approving a
Contribution Agreement between the
City and E.C.I.A. Business Growth
Inc. for the establishment of an
Economic Development Administra-
tion Revolving Loan Fund and
authorizing and d~recting the Mayor
to sign, presented and read.
Council Member Hummel moved
that the conununicatinn be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hummel,
Kluesner, Manning.
Nays None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 379-84
Resolution Approving a Contribution
Agreement By and Between the City
of Dubuque, Iowa and E.C.I.A.
November 19, 1984 507
Business Growth, Inc. for the
Establishment of an Economic
Development Administration Revolv-
lng Loan Fund and Authorizing and
Directing the Mayor to Sign Said
Agreement on Behalf of the City of
Dubuque, Iowa.
WHEREAS, the City of Dubuque is
deeply interested in supporting the
retention and creation of jobs in the
community and in the continued
development of the economic base of
the City; and
WHEREAS, the City of Dubuque
has been requested by E.C.I.A.
Business Growth, Inc. to jointly apply
for a grant from the Economic
Development Administration to
capitalize a local revolving loan fund
for business job crentio~/retention
loans; and
WHEREAS, the City's participa-
tion in the application for the EDA
Grant is formalized by the Contribu-
tion Agreement attached hereto and
by this reference made a part hereof;
and
WHEREAS, the City Council of the
City of Dubuque desires to participate
with E.C.I.A. Business Growth, Inc. in
capitalizing a local revolving loan
fund.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the attached EDA
Revolving Loan Fund Contribution
Agreement between the City of Dubu-
q~te. Towa and E.C. IA. Business
Growth, Inc. including the commit-
ment of a contribution of $50,000.00
towards the initial capitalization of the
Revolving Loan Fund is hereby ap-
proved.
Section 2. That the Mayor is hereby
authorized and directed to sign the
Contribution Agreement on behalf of
the City of Dubuque, Iowa.
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Special Session, November 19, 1984
Council Member l-Iammel moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of the City Manager
submitting a Resolution concerning a
loan of $35,000 of Community
Development Funds to the Dubuque
I-Hstocic Improvement Co. for the
Redstone, presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 380-84
A Resolution Approving the Loan of
$35,000 of Community Development
Block Grant Funds to the Dubuque
Historic Improvement Company for
the Redstone Rehabilitation Project,
WHEREAS, the City of Dubuque,
Iowa appllcatlon to the U.S. Depart-
merit of Housing and Urban Develop-
merit for an Urban Development Ac-
tion Grant to provide financial
assistance to the Dubuque Historic
Improvement Company for its under-
taking of restoration and reuse of the
"Redstone" property in Dubuque,
Iowa for a sixteen-room Victorian
guesthouse has been denied; and
WHEREAS, the City of Dubuque,
Iowa desires to provide financial
assistance to the Dubuque Historic
Improvement Company, Inc. in the
restoration of the Redstone property
and the enhancement of its economic
viability for the purpose of creating
permanent employment opportunity
to its citizens, to stabilize and improve
the City's tax base, and to prevent the
continued deterioration of a National
Register property; and,
WHEREAS, a Community Develop-
ment Block Grant Loan Agreement,
Real Estate Mortgage, and Pro-
missory Note are to be executed by the
Dubuque Historic Improvement Com-
NOW, THEREFORE, BE IT
rESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council
hereby declares null and void Resolu-
tion No. 178-84, dated 6/18/84, approv-
lng the loan of $35,000.00 Community
Development Block Grant Funds to
the Dubuque Historic Improvement
Company for the Redstone rehabila-
tion project which was contingent
upon award of an Urban Development
Action Grant.
Section 2. That the City Council
hereby approves the loan of $35,000.00
of Community Development Block
Grant funds to Dubuque Historic Ira-
provement Company for the Redstone
rehabilitation project.
Section 3. That the Mayor and the
City Clerk be and they are hereby
authorized and directed to endorse the
necessary documents for the loan of
Community Development Block Grant
'unds in the amount of Thirty-Five
Thousand Dollars ($35,000.00) to the
Dubuque Historic Improvement Com-
pany.
Section 4. That the City Manager,
upon the execution of the necessary
loan document by the Mayor and City
Clerk be and he is hereby authorized
and directed to disburse funds accord-
lng to the Loan Agreement from the
Community Development Block Grant
Entitlement Fund.
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Special Session, November 19, 1984
5O9
Nays--None.
Absent--Council Member Kron-
Ieldt.
Communication of City Manager
submitting a Resolution authorizing
the filing of a Program Statement for
Calendar Year 1985 for use of Com-
munity Development Block Grant
Funds, presented and reed.
Council Member Deick moved that
the communication be received and ill-
ed. Seconded by Council Member
Beurskens. Carried by the following
voto:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Ahaent--Councll Member Kron-
feldt.
RESOLUTION NO. 381-84
A Resolution Authorizing the Filing of
a Program Statement for a Communi-
ty Development Block Grant for the
City of Dubuque.
WHEREAS, the City of Dubuque is
entitled to participate in the Com-
munity Development Block Grant
Program authorized under the .provi-
Elons of Title I of the Housing and
Community Development Act of I974,
as amended; and
WHEREAS, the City of Dubuque
has been declared eligible for funding
in the approximate amount of
$962,000 for Calendar Year commenc-
lng January 1, 1985; and
WHEREAS, the Community
Development Block Grant Statement
has been developed so as to give max-
imum feasible priority to activities
which will benefit low and moderate in-
come persons and aid in the prevention
or elimination of slums and blight; and
WHEREAS, the City of Dubuque
has provided the citizens of the com-
munity with opportunities to conunent
on the Program Statement;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the filing of a Pro-
gram Statement for participation in
the Community Development Block
Grant Program is hereby approved,
and the Mayor of the City of Dubuque
is hereby authorized and directed to
execute the necessary documentation
on behalf of the City of Dubuque.
Section 2. That the City Manager is
hereby authorized and directed to sub-
mit in the required number of copies,
the executed Statement of Intent to
th~ U.S. Department of Housing and
Urban Development and other ap-
propriate agencies together wich such
other documents evidencing the ap.
proval and authorizing the execution
and implementation of suck Statement
of Intent as may be r~quired.
Passed, approved and adopted this
19th day of November, 1984.
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
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
submitting a Resolution authorizing
publication of the environmental fin-
dings for certain Community Develop-
ment Block Grant Projects, presented
and read.
Council Member Deich moved that
the communication be received and fil-
ed. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council
~V~embers Beurskens, Deich, Hammel,
Kluesner, Manhing~
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 382-84
A Resolution Authorizing Publication
Special Session, November 19, 1984 511
510 Special Sessio~ November 19, 1984
of Notice of Environmental Review
Findings for Certain Community
Development Block Grant Projects.
WHEREAS, the City of Dubuque is
proposing to enter into a Grant Agree-
ment for the Calendar Year commenc-
lng January 1, 1985 with the U.S.
Department of Housing and Urban
Development, providing for financial
assistance to the City under Title I of
the Housing and Community Develop
ment Act of 1974, as amended: and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Ur-
ban Development, an environmental
review has been processed for the pro-
jects hereinafter described to be
financed with Community Develop-
ment Block Grant funds; and
WHEREAS, an ad hoc Environmen-
tal Review Committee has after due
consideration made a determination
that the projects are not a major
Federal action significantly affecting
the quality of the human environment
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 a Notice of Finding of No
Significant Effect on the Environment
for the following identified projects,
and to make the Environmental
Review Record for said projects
available for public inspection. Such
notice shall be in the form of Exhibit
"A " attached hereto and made a part
hereof
· Housing Rehabilitation Loans
and Grant Program
· Emergency Home Repair
· Tool Lending Library sponsored
by Washington Tool Library
· Code Enforcement
· Miscellaneous Public Improve-
ments {Street, Alley, Curb, Light-
lng, Signage, etc.)
· Operation Paintbrush
· Commercial/Industrial Loan Par-
ticipation {Old Main Street)
· Economic Development Activi-
ties/Land Acquisition
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of December ~
1984, authorizing the submission of a
request to the U.S. Department of
Housing and Community Develop-
ment to undertake the projects.
Passed, approved and adopted tins
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
;ion of the Resolution. Seconded by
Council Member Hammel. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
BOARDS AND COMMISSIONS: Ap-
pointment to tha Ad Hoc Dock Com-
mittee.
Council Member Beurskens moved
hat the following individuals be ap-
pointed to the Ad Hoc Dock Commit-
tee: Richard Craft, Daniel Dittemore,
Iames Gonyler, David Hunt, Don
McMullen, Robert McCarten, sundra
McDowell, Ed Ryan; and that Mayor
Brady be on the Committee with Coun-
cil Member Hammel desigeated as
liason member f~om the Council.
Seconded by Council Member Mann-
lng. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--Council Member Deich on ap-
pointment of D. Dittemore only.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 383-84
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
I~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-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
Loras College 1650 Alta Vista
CLASS "C" BEER PERMIT
Sunsinne Mart of Dubuque, Ltd.
430 Rhomberg Ave.
(Also Sunday Sales)
Eagle Discount Supermarket # 109
200 S. Locust St.
{Also Sunday Sales)
Rainbo Oil Company
KWIK Step Food Mart
2297 University Ave.
(AISo Sunday Sales)
TFMCo.
Oky Doky g 6 1256 Iowa St.
(Also Sunday Sales)
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
RESOLUTION NO. 384-84
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-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicante a Liquor License.
CLASS "C" {COMMERCIAL)
BEER AND LIQUOR LICENSE
Tow~ Clock Inn, Incorporated
8th and Main St.
Robert P. Spiegelhalter
Club House
{Sunday Sales Only)
New Dog Gone, Inc.
Dog House 1630 Absary Rd.
{Also Sunday Sales)
Kenny Roddi~k and
Judy O'Connell dlb/a Cactus Lounge.
and Supper Club 2617 University Ave.
{Also Sunday Sales)
Clair A. Woodman -
Aragon Tap 1103 Iowa St.
(Also Sunday Sales)
Harry W. Shelter
King of Clubs 1902 Central Ave.
{Also Sunday Sales)
Passed, approved and adopted this
19th day of November, 1984.
James E. Brady
Mayor
~,TTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammci,
Kiuesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
~IINUTES SUBMITTED: Annual
Roport Comm. of Cable Tele-
Programming Comm. of 10-22; Promo-
tion Committee of Cable Tale-
Programming Comm. of 11-1; Cable
TV Regulatory Comm. of 10-31; Dock
Board of 10-18 & 11-8; Electrical
Board of 11-13; Five Flags Civic
Center of 11-6; Library Board of 10-24;
Planning and Zoning Comw. of 9-19,
9-26, 10-3, 10-9; and Zoning Bd. of Ad-
justment of 9-20, presented and read.
Council Member Beurskens moved
that the minutes be received and filed.
Seconded by Council Member Man-
ning. Carried by the following vote:
512 Special Seseiou November 19, 1984
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
CLAIMS AND SUITS: Avery Butler
in undetermined amount for
discrimination; Melvin H. Boelk in
amount of $10 for property damages;
Vickie Ann Donar in amount of $60 for
tire damage; Robert Eichman in
amount of $183 for personal property
damage; Small Claims Suit of Ellen M.
Golinvaux in amount of $300 for per-
sonal injury, presented and read.
Council Member Beurskens moved
that the claims and suits be referred to
the Legal Staff for investigation and
report. Seconded by Council Member
Manning. Carried by the following
Yeas--Mayor Brady, Council
Members Beurskens, Daich, Hammcl,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of Corporation
Counsel Lindahl recommending settle-
ment of claim of Lavern and Margaret
Hingtgen in the amount of $113.36
and authorizing issuance of a draft in
that amount, presented and read.
Council Member Beurskens moved
that the communication be received
and filed and settlement be approved
and Finance Director to issue the prow
per check. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Harorael,
Riuesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Commuuicatinns of Corporation
Counsel Lindahl advising that the
following claims have been denied by
the City Insuror and advising that the
following claims should be closed
Peter Butler, Sue Johns, Connie
Booth, George Swan, Jean Wallis and
Mary Weiland, presented and read.
Council Member Beurskens moved
that the communications be recolved
and filed and deuials/closings approv-
ed. Seconded by Council Member Man-
ning. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communications of Corporation
Counsel Lindahl advising that the Ci-
ty's Insuror has paid the following
claims and advising of the closing of
tbese claims: Lois Clark, Eleanor
Davis, Michael Felton, Jerry Weber
and Lyndeen Welbes, presented and
read.
Councii Member Beurskens moved
that the communications be received
and filed and closing of these claims be
approved. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Daich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of James A.
Geladas of the Telegraph Herald sub°
mitting Ordinance concerning Tran-
sient Merchants and requesting a
meeting for discussion, presented and
read.
Council Member Beurskens moved
that the matter be referred to the City
Manager and Legal Staff and they are
to report back at their convenience
0ate January at the earliest). Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
I~uesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
responding to questions of Mr. A1 Pol-
sean raised at the Council Meeting of
September 17, 1984 involving street
lighting, ~raffic counts on Crescent
Ridge and Cedar Cross Road, sewer
rates and location of waterroaln on
Special Session, November 19, 1984
513
Crescent Ridge, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Khiesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
REFUNDS REQUESTED: Gene
Kamentz, Imperial Lanes, Inc. $50 for
unexpired Cigarette Permit, presented
and read.
Council Member Beurskens moved
that the refund be approved and the
Finance Director to issue the proper
check. Seconded by Council Member
Manning. Carried by the following
vote~
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of Human Rights
Commissioner Mark Pries resigning
from the Human Rights Commission
due to relocation, presented and read.
Council Member Beurskens moved
that the communication be received
and filed and resignation accepted
with regret. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Counail Member Kron-
feldt.
Communication of Robert D. Hud-
son of Dubuque Harbor Service ex-
pressing appreciation for support in
his attempts to obtain barge fleeting
space, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of Chris Buckleitner
~f ECIA submitting the 1984 DMATS
Annual Report, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kinesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Proof of publication, certified to by
the publisher, on the List of Claims of
the month ending September, 1984,
,resented and read.
Council Member Beurskens moved
hat the proof be received and filed.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
Communication of City Manager
responding to Council referrals regar-
ding the Cable Communications Policy
Act, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council
Members Beurskens. Deich, Hammel.
Kluesner, Manning.
Nays--None.
Absent--Council Member Kron-
feldt.
There being no further business,
Council Member Hammel moved to ad-
ourn. Seconded by Council Member
Manning. Carried by the following
~ote.
514 Special Sessiom November 19,1984
Yeas--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Manning.
Nays--None,
Absent--Council Member Kron-
feldt.
Mary A. Davis
City Clerk
Approved__ __1985
Adopted __1985
Council Members
ATTEST:
City Clerk
Regular Seesio~
CITY COUNCIL
OFFICIAL
Regular Session, December 3, 1984.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kronfeldt, Manning, City Manager W.
Kenneth Gearhart, Corporation
Counsel William G. Blum.
Absent--Council Member Kluesner.
Mayor Brady read the call and
stated that this is the REGULAR
MONTHLY MEETING called for the
purpose to act upon such business
which may properly come before the
Council.
Invocation was given by Rev. Jef-
frey Schaefer, Pastor of St. Mark's
Lutheran Church.
PROCLAMATIONS: Week of
December 9-15 as "Drunk and Drugg-
ed Driving Awareness Week"; Week of
December 10-17 as "Safe Driving
Week" received by. Ted Swanek.
Jerry Guy of the Durrant Group,
Inc. gave a progress report on the
Dubuque Dog Track Facility.
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-
bets Beurskeas, Deich, Hammel, Kron-
fcidt, Mamaing.
Nays--None.
Absent--Council Member Kluesner.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing, to consider vacation of a por-
tion of Roosevelt Street, easterly from
Garfield Avenue to the Chicago,
Milwaukee, St. Paul and Pacific
Railroad Tracks, 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 Kronfeldt. Carried by the
December 3, 1984 515
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
ORDINANCE NO. 43-84
AN ORDINANCE VACATING A
PORTION OF ROOSEVELT
STREET, EASTERLY FROM GAR-
FIELD AVENUE TO THE
CHICAGO, MILWAUKEE, ST.
PAUL AND PACIFIC RAILROAD
TRACKS, SAID ORDINANCE
HAVING BEEN presented and read
at the Council Meeting of November
19, 1984, presented for final adoption.
ORDINANCE NO. 43-84
AN ORDINANCE VACATING A
PORTION OF.ROOSEVELT
STREET, EASTERLY FROMNGAR-
FIELD AVENUE TO THE CHI-
CAGO, MILWAUKEE, ST. PAUL &
PACIFIC RAILROAD TRACKS.
WHEREAS, Shirley A. Fuerst, and
John and Alice Duccini have requested
the vacating of a portion of Roosevelt
Street, easterly from Garfield Avenue
to the Chicago, Milwaukee, St. Paul &
Pacific Railroad tracks in the City of
Dubuque, Iowa; and
WHEREAS, Shive-Hattery & Asso-
ciates has prepared and submitted to
the City Council a plat showing the
vacated street aed assigned lot num-
bets thereto, which shall hereafter be
known and described as "Lot 155A and
76A in Ham's Addition, in the City of
Dubuque, Iowa"; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that this portion of the street is no
longer required for public use and the
vacation of said street known as Lot
155A and 76A in Ham's Addition in the
City of Dubuque, Iowa should be
approved.
NOW, THEREFORE, BE IT
ORDAINED, by the City Council of
the City of Dubuque, Iowa:
Section l.That said real estate
described as Lot 155A and 76A in
Ham's Addition in the City of
Dubuque, Iowa be and the same is
hereby vacated.
S~¢tion 2. That the City reserves
onto itself a perpetual easement in the
width as shown on the plat, together
with and including the right of ingress
and egress thereto, for the purpose of
repairing and maintaining existing