1984 December Council Proceedings514
Special Session 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
Mayor
Council Members
ATTEST:
City Clerk
Regular Session
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 pre~
sent address the Council if they so
desire. Seconded by Council Member
Kluesner. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing, to consider vacation of a per-
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-
bets 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-
CAGe, 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 and 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 1.That said real estate
described as Lot 155A and 76A in
Ham's Addition in the City of
Dubuque, lowa be and the same is
hereby vacated.
Section 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
516
Regular Session, December 3,1984
public utilities. Construction of perma-
nent buildings on said easement shall
be prohibited.
Section 3. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent to dispose
of said real estate in a manner as
described by law.
Section 4. That the conveyance of
said Lot 155A in Ham's Addition to
Shirley A. Fuerst and Lot 76A in
Ham's Addition to John W. and Alice
H. Duccini, be and the same are
hereby approved upon payment of
$1,210.00 and $1,195 respectively,
together with publication and filing
fees.
PASSED, APPROVED AND
ADOPTED this 3rd day of December
1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
December, 1984.
Mary A. Davis
City Clerk
It 12/10
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
RESOLUTION NO. 385-84
Approval of Sale of City Owned Pro-
perty to Shirley A. Fuerst and John
W. and Alice H. Duccini
WHEREAS, pursuant to resolution
and published notice of time and place
of hearing published in the Telegraph
Herald, a newspaper of general circula-
tion published on November 26, 1984.
in the City of Dubuque, Iowa, the City
Council of Dubuque, Iowa, met on the
3rd day of December, 1984, at 7:30
o'clock p.m.. in the Carnegie-Stout
Public Library, llth and Bluff Street,
Dubuque, Iowa, to consider the pro-
posal of disposing of real estate of the
City of Dubuque, Iowa, being that pro-
perty as described as follows:
Lot 155A and 76A in Ham's Addi-
tion in the City of Dubuque, Iowa, sub-
ject to easements of record.
Such property to be sold as follows:
a. Lot 155A in Ham's Addition to
Shirley A. Fuerst - $1,210.00
b, Lot 76A in Ham's Addition to
John W. and Alice H. Duccini
41,195.00 plus the payment of all
publication and filing fees; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, has overruled
any and all objections, oral or written,
to the proposal to dispose of interest of
the City of Dubuque, Iowa, in the
hereinabove real estate to the above
named grantees;
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque, Iowa:
Section 1. That the disposal of the in-
terest of the interest of the City of
Dubuque, Iowa, in the following
described property:
Lot 155A and 76A in Ham's Addi-
tion in the City of Dubuque, Iowo, sub-
ject to easements of record,
be and the same is hereby approved for
the total price of $1,210.00 for Lot 155A
in Ham's Addition to Shirley A.
Fuerst and $1,195.00 for Lot 76A in
Ham's Addition to John W. and Alice
H. Duccini, and recording fees will be
the responsibility of the grantees; the
conveyance shall be by Quit Claim
Deed and that no abstract will be
nished by the City.
Section 2. That the City Clerk be and
that she is hereby directed and
authorized to deliver deed of con-
veyance, conveying the above describ-
ed real estate to the above named
grantees upon receipt of the purchase
price in full.
Section 3. That the City Clerk be and
she is hereby authorized and directed
to record a certified copy of this resolu-
tion in the offices of the City Assessor,
Dubuque County Recorder and the
Dubuque County Auditor
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
Regular Sessio~n
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing providing for establishment
of the West Eleventh Street Historic
Preservation District, 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 receiv-
ed and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Khiesner.
ORDINANCE NO. 44-84
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES OF THE CITY OF DUBU-
QUE, IOWA BE AMENDED BY
ENACTING A NEW SECTION 6.5
OF CHAPTER 19 112 TO PROVIDE
FOR THE ESTABLISHMENT OF
THE WEST ELEVENTH ST.
HISTORIC PRESERVATION
DISTRICT, CONTAINING THE
PROPERTIES HEREINAFTER
DESCRIBED, AND PURSUANT TO
THE REQUIREMENTS OF
CHAPTER 19 1/2, OF THE CODE OF
ORDINANCES, SAID ORDINANCE
HAVING BEEN presented and read
at the Council Meeting of October 1,
1984, presented for final adoption.
ORDINANCE NO. 44-84
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES OF THE CITY OF
DUBUQUE, IOWA BE AMENDED
BY ENACTING A NEW SECTION
6.5 OF CHAPTER 19V2 TO PROVIDE
FOR THE ESTABLISHMENT OF
December 3, 1984 517
THE WEST ELEVENTH STREET
HISTORIC PRESERVATION DIS-
TRICT, CONTAINING THE PROP-
ERTIES HEREINAFTER
DESCRIBED. AND PURSUANT TO
THE REQUIREMENTS OF CHAP-
TER 191/2, OF THE CODE OF ORDI-
NANCES.
WHEREAS, Chapter 191/2 of the
Code of Ordinances. City of Dubuque,
Iowa provides for the identification
and designation of historic districts,
upon petition or upon the initiative of
the Historic Preservation Commlssian;
and
WHEREAS, petitions have been
filed with the Historic Preservation
Conudission, requesting designation of
such historic district for properties
bounded primarily by Loras Boulevard,
Walnut, University and Grove Terrace;
and
WHEREAS, the Historic Preserva-
tion Commission has heretofore
reviewed the City's 1979 Architectural
Survey describing the architectural
resources of the proposed West Elev-
enth Street Historic Preservation Dis-
trict, and has made a recommendation
in favor of establishing said District;
and
WHEREAS, the Planning and Zon-
ing Commission has reviewed the pro-
posal and has found it to be consistent
with general development plans and
zoning regulations pertaining to the
proposed District; and
WHEREAS, the City Council has
conducted a public heating on the pro-
posal to designate the properties
hereinafter described as the West Elev-
enth Street Historic Preservation Dis-
trict, according to provisions of
Chapter 19V2 of the Code of Ordi-
nances, and all provisions and condi-
tions of said Chapter 19¥z have been
fulfilled.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section L That Chapter 191/2 of the
Code of Ordinances of the City of
Dubuque, Iowa, known as the City of
Dubuque Historic Preservation Ordi-
nance, be amended by enacting a new
Section 6.5 to read as follows:
"Section 191A-6.5 West Eleventh
Street Historic Preservation District.
(a) Designated. The properties
hereinafter described are hereby desig-
hated as a historic preservation dis-
trict, according to provisions of
Chapter 191/2 of the Code of Ordi-
Beginning at the intersection of
518
Regular Session, December 3, 1984
Loras Boulevard and Bluff Street;
south along Bluff Street to the south
line of A. L. Brown's Sub.; west along
said south line to the east line of Lot
769 B of A. McDaniels' Sub.; south
along said east line and along the east
R.O.W. line of Grove Terrace and
along the east line of Corkery's Sub.
to the north line of Lorimer's Sub.;
east along said north line to the east
line of Lot 1.1-1-11-Lorimer's Sub.;
south along said east line and its
southerly extension to West 9th Street;
west along West 9th Street to the west
line of Central Addition; north along
said west line to the south line of the
E. 2T-Lot 3-C.L. 703; west along said
south line to the west line of said lot
north along said west line to the north
line of the W. 139'-Lot 3-C.L. 703; west
along said north line to the east line of
Lot 2-46A-Fariey's Sub.; north along
said east line to Wilbur Street; west
along Wilbur Street tn the west line of
Lot 2-46A-Farley's Sub.; south along
said west line to the south line of Lot
1-46-Farley's Sub.; west along said
south line and along the south line of
Lot 1.45-Farley's Sub. to the west line
of said Lot 1-45; north along said west
line to Wilbur Street; west along Wil-
bur Street to Spruce Street; south
along Spruce Street to the south line
of Lot 2.43-Farley's Sub.; west along
said south line to the east llne of the S.
80'-Lot 37-Fariey's Sub.; north along
said east line to the north line of said
lot; west along said north line to the
east line of LOt 38-Farley's Sub.; north
along said east line to
west along Jefferson Street and along
the south line of Lot 2-1-1-3-C.L. 738
to the west line of Lot
north along said west line and along
the west line of Lot I-t-I-3-C.L. 738
and along the west line of Lot 2-1-3-
C.L. 738 and along the west line of Lot
1-2-1-C.L. 738 to West Eleventh
Street; east along West Eleventh
Street to Walnut Street; north along
Walnut Street to the north line of the
W. 103'-S. 12'-783-A. McDaniel's Sub.
east along said north line and along
the north line of the E. 100's-S. 12'-
783-A. McDaniel's Sub. and its east-
erly extension and along the south
lines of Lots 821 and 820-A. McDan-
iel's Sub. to the west line of Lot 819-A.
McDaniel's Sub.; north along said west
line to Loras Boulevard; east along
Loras Boulevard to Henion Street;
north along Henion Street to Pickett
Street; east along Pickett Street to the
east line of Lot 2-7-C.L. 667; south
along said east line to the south line of
Lot 1-4-C.L. 667; first east then in a
ounter clockwise manner along the
southerly lines of Lot 1-4-C.L. 667 and
Lot 1-3-C.L. 667 to the west line of Lot
2-1-C.L. 667; south along said west line
to the south line of Lot 2-1~C.L. 667;
east along said south line to Bluff
Street; south along Bluff Street to
Loras Boulevard, the place of Begin-
aing.
(b} Review Standards Adopted. The
properties within said described district
shall be subject to the "Secretary of
the Interior's Standards for Historic
Preservation Projects", as adopted by
the Historic Preservation Commission
for said Commission's review proce-
dures that precede the issuance of a
Certificate of Appropriateness pursu-
ant to Chapter 191/2 of the Code of
Ordinances."
PASSED, APPROVED and
ADOPTED this 3rd day of December,
1984.
James E. Brady, Mayor
ATTEST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
December, 1984.
Mary A. Davis
City Clerk
It 12/10
Council Member Beurskens moved
final adoption of the Ordinance.
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel, Kron-
feldt, Manning. Nays--None.
Absent--Council Member Kluconer.
Communication of City Manager re-
questing a Public Hearing be set
regarding lease of property to Dubu-
que Historic Improvement Co.,
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 Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kinesner.
Ad Hoc Parking Committee Minutes
AND Communication of Mrs. Les
Barrett requesting the availability of
Regular Sessioz
perking stickers, presented and read.
Council Member Kronfeldt moved
that the minutes and communication
be received and filed. Seconded by
Council Member Manning. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
RESOLUTION NO. 386-84
Lease Agreement with Dubuque
Historic Improvement Company
WHEREAS, the Dubuque Historic
Improvement Company is renovating
the Redatone property located at 5th
and Bluff Street; and
WHEREAS, parking is an essential
element in the renovation of this pro-
perty in order to accommodate its
clientele; and
WHEREAS, the Dubuque Historic
Improvement Company has expressed
an interest in the leasing of sixteen {16)
spaces in the City of Dubuque
Municipal Parking Lot located at the
northwest corner of 5th and Bluff
Street; and
WHEREAS, the Dubuque Historic
Improvement Company has agreed to
absorb the cost of a curb cut and other
improvements for access to the park-
lng lot from 5th Street; and
WHEREAS, the term of the lease
would be for ten years from April 1,
1985 through March 31, 1995; and
WHEREAS, the base rental would
be $4,080 per year effective on April 1,
1985, and subject to adjustments in
the cost of living on April I of each of
the succeeding years of the lease
agreement.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the lease of sixteen
(16) spaces in the City of Dubuque
Municipal Parking Lot located at 5th
and Bluff Street as shown on Exhibit
December 3, 1984 519
"A" to Dubuque Historic Improve-
ment Company is hereby approved
subject to a public hearing in accel'
dance with the terms and conditions of
the attached lease agreement.
Section 2. That the City Clerk be
directed to publish notice of a public
hearing for lease of this property in ac-
cordance with the lease agreement
under procedures established for the
disposal of property, Section 364.7
Code of Iowa, 1983 or as amended.
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution, with
Public Hearing set for Dec. 17, 1984 at
7:30 p.m. in the Public Library
Auditorium and that the City Clerk
~ublish notice in the manner prescrib-
ed by law. Seconded by Council
glember Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskeas, Deich, Hammel, Kron-
faldt, Manning.
Nays--None.
Absent--Council Member Kinesner.
Communication of Planning and
Zoning Commission, recommending
concurrence of their approval for
amendment to previously approved
preliminary development plan for Key
City Investment Co. for property
located at the corner of J.F.K. Road,
Dodge Street and Wacker Drive,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
foliowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskeas, Deich, Hammel, Kron-
feldt, Manning. Nays--No~e.
Absent--Council Member Kluesner.
An ORDINANCE Amending the
Preliminary Development plan for C-6
Planned Commercial District as re-
quested by Key City Investment Co.,
presented and read.
52O
Regular Session, December 3, 1984
Council Member Kronfeldt 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
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, HammeL Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Khiesner.
Council Member Kronfeldt moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel, Kron-
feldt. Manning,
Nays--Nnne.
Absent--Council Member Kluesner.
Council Member Kronfeldt moved
that a Public Hearing be held on the
Ordinance on January 7, 1985 at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk be instructed
to publish notice of the Hearing in the
manner prescribed by law. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communication of City Manager
recommending suspension of Class
"C" Beer Permit for fourteen days, of
Lucky Stores, Inc. dib/a Eagle Dis-
count at 200 South Locust for being in
violation of Chapter 5 of the Code of
Ordinances, presented and read.
Mr. Terry Brown, Dis. Mgr. of
Eagles, and Tom Brewer, requested
that Council not approve the suspen-
sion.
Council Member Beurskens moved
that the communication be received
and filed and suspension approved.
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
[eldt, Manning.
Nays--None.
Absent--Council Member Khiesner.
Communication of City Manager
submitting Ordinance increasing mon-
thly fee at Ecumenical Towers parking
lot from $16 to $25 per month (tabled
at meeting of Sept. 4, 1984), presented
and read.
Council Member Kronfeldt moved
that the communication be removed
from the table and received and filed.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
An ORDINANCE Amending the
Code of Ordinances by enacting a new
subsection 12) of Section 25-307 in lieu
thereof, providing for time and fee
schedule for specific parking lot (tabl-
ed at Meeting of Sept. 4, 1984),
presented and read.
Council Member Kronfeldt moved
that the Ordinance be removed from
the table and received and flied.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Petition of parking tenants of Lot
No. 9 {approx. 45 signatures) objecting
to raising of fees at Ecumenical
Towers Parking Lot (Tabled at
Meeting of 9-4-84), presented and read.
Council Member Kronfeldt moved
that the petition be removed from the
table and received and filed. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communication of City Manager
submitting Ordinances (4) regarding
Regular Session,
restricted parking on 4th Street; pro-
viding for hours of operation of the
Iowa Street Parking Garage, Pro-
viding for monthly parking fee for
Parking Lot No. 9 and providing for
the inclusion of 4th Street in Parking
Meter District B, presented and read.
Council Member Krnnfeldt moved
that the communication be received
and filed. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
ORDINANCE NO. 45-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SECOND
PARAGRAPH TO SECTION 25-293
THEREOF PROVIDING FOR
HOURS OF OPERATING IN THE
IOWA STREET MUNICIPAL PARK-
ING GARAGE, presented and read.
Council Member Kronfeldt moved
that the reading just bad be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Council Member Kronfeldt moved
that the rule requiring an Ordinance to
be presented and read at two meetinge
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Manning. Carried
by the following vote.
Yeas--Mayor Brady, Council Mem-
be~s Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
ORDINANCE NO. 45-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
December 3, 1984 521
ENACTING A NEW SECOND
PARAGRAPH TO SECTION 25-293
THEREOF PROVIDING FOR
HOURS OF OPERATION IN THE
IOWA STREET MUNICIPAL
PARKING GARAGE.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code or Ordi-
nances of the City of Dubuque, Iowa,
be amended by enacting a new second
~aragraph to Section 25-293 thereof as
follows:
Sec. 25-293. Hours of operation.
During the hours of 6:00 a.m. to 9:00
a.m. daily, including Saturdays, Sun-
days and holidays, no motor vehicle
shall be parked or remain parked in
that area of the Iowa Street Municipal
parking Garage known and identified
as first floor north, except those park~
lng spaces re~erved for and identified
as handicapped parking spaces. Notice
of such restriction shall be prominently
displayed within the garage. The owner
or operator of any vehicle who shall
receive notice, either personally or by
the attaching of such notice to said
vehicle, that said vehicle is parking in
violation of this paragraph shall,
within seventy-two (72) hours from the
time when such notice is served upon
him/her or attached to said vehicle,
pay to the City Treasurer as a penalty
for such violation the sum of five dol-
lars ($5.00)."
Passedi approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
terald newspaper this 7th day of
December, 1984.
Mary A. Davis
City Clerk
It 12/7
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member Mann-
ing. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
be~s Beurskens, Delch, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
522
Regular Session, December 3,1984
ORDINANCE NO. 46-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SUBSECTION (2) OF
SECTION 25-307 THEREOF AND
ENACTING A NEW SUBSECTION
(2) OF SECTION 25-307 IN LIEU
THEREOF PROVIDING FOR A
MONTHLY PARKING FEE FOR
PARKING LOT NO. 9, presented and
read.
Council Member Kronfeldt moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
Beurskens. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Council Member Kronfeldt moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Beurskens. Car-
fled by the foilowlng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hnnm~el, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
ORDINANCE NO. 46-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SUBSECTION (2) OF
SECTION 25-307 THEREOF AND
ENACTING A NEW SUBSECTION
{2) OF SECTION 25-307 IN LIEU
THEREOF PROVIDING FOR A
MONTHLY PARKING FEE FOR
PARKING LOT NO. 9.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of
nances of the City of Dubuque, Iowa,
be amended by repealing Subsection
(2) of Section 25-307 thereof and
enacting a new Subsection (2) of Sec-
tion 25-307 in lieu thereof as follows:
'~Sec. 25-307. Time and fee schedule
for specific lots. *
(2) On parking Lot No. 9, reserved
parking for each space shall be
between the hours of 6:00 a.m. to 6:00
p.m. daily including Saturdays, Sun-
days and holidays at a monthly rate of
eigiff~n dollars ($18.00)."
Section 2. That this ordinance shall
take effect and be in full force on Jan-
uary 1, 19~5.
pas~ed, approved and adopted this
3rd day of December, 1984.
James E. Brady, Mayor
Aq~EST:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 7th day of
December, 1984.
Mmy A. Davis
City Clerk
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member Beur-
skens. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskans, Deich, Haromel, Krna-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
An ORDINANCE Amending the
Code of Ordinances by enacting a new
reference to 4th Street as listed in
Parking Meter District B in Section
25-326 in lieu thereof providing for the
inclusion of 4th Street as Parking
Meter District B, presented and read.
Council Member Kronfeldt 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 Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Klueaner.
An ORDINANCE Amending the
Code of Ordinances by repealing
reference to 4th Street as listed in the
tw~hour time zones in subsection (c)
of Section 25-257 thereof providing for
restricted parking on 4th St.,
presented and read.
Council Member Kronfeldt moved
Regular Session, December 3,1984
that the reading just had be con-
s~dered the first reading of the Or-
dinance. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Klueaner.
Conununication of City Manager
submitting outline of the recommend-
ed Street Construction Program for
the next five year period, 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 Mem-
hers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
RESOLUTION NO. 387-84
Resolution Approving a Tentative
Five Year Street Construction Pro-
gram and Submitting Same to the
Iowa Department of Transportation
WHEREAS, there has been
prepared a tentative street construc-
tion program for fiscal years 1984
through 1989; and
WHEREAS, said construction pro-
gram must be filed with the Iowa
Department of Transportation by
December 1, 1984 for the purpose of
allocating Road Use Tax Funds to
municipalities; and
WHEREAS, this Council has
reviewed the tentative street construc-
tion program as submitted.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the tentative five
year street consffuction program for
fiscal years 198~ through 1989 be in the
same is hereby approved, and the
Mayor is hereby authorized and
directed to sign this resolution.
523
Section 2. That the City Manager is
hereby authorized and directed to for.
required documents relating
to the five year street construction pro-
to the Iowa Department of
Transportation.
Passed, approved and adopted tiffs
3rd day of December, 1984.
James E. Brady
Mayor
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 Mem-
bers Beurskens, Deich, Hannnel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Klueaner.
Communication of City Manager
submitting Resolution approving put-
chase of property at 335 Iowa St. (Rot-
man Auto Supply), presented and
read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
~Iember Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluosner.
RESOLUTION NO. 388-84
A Resolution Approving the Purchase
of Certain Real Estate Commonly
Known as 335 Iowa Street and
Authorizing and Directing the City
Manager to Conclude the purchase of
said Real Estate on Behaff of the City
of Dubuque, Iowa.
WHEREAS, the City Council has
been made aware that certain real
estate located at 335 Iowa Street is
available for purchase; and,
WHEREAS, the City Council has
determined that acquisition of said
real estate would be in the public in-
terest; and,
524
Regular Session, December 3, 1984
WHEREAS, the City Council has
directed the City Manager to seek an
appraisal of the fair market value of
said real estate and to negotiate a pur-
chase at a price no greater than the ap-
praised fair market value thereof; and,
WHEREAS, the City Manager has
;reported that the fair market value as
iper appraisal is $118,000.00; and,
WHEREAS, the City Manager has
reported that the property owner has
agreed to sell said real estate at the ap-
praised fair market value.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council of
the City of Dubuque, Iowa hereby ap-
proves the purchase at the appraised
fair market value of $118,000.00 of
rain real estate commonly known as
335 Iowa S~reet and legally described
as follows:
City Lots 191, 192 and the South 50
feet of Lot 190, City of Dubuque,
Iowa, according to the recorded plat
thereof.
Section 2. That the City Manager is
hereby authorized to expend Com-
munity Development Block Grant
Funds for the acquisition of said pro-
petty and he is further authorized and
directed to conclude the purchase of
said real estate on behalf of the City of
Dubuque,
Passed, approved and adopted this
3rd day of December, 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-
ried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
faldt, Mamting.
Nays--None.
Absent--Council Member Kluesner.
Communication of Bob Schmitt ad-
vising he will not seek reappointment
to the Dock Board, presented and
read.
Council Member Kronfeldt moved
that the communication he received
and filed and resignation accepted
with regret. Seconded by Council
Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel, Kron-
~eldt, Manning.
Nays--None.
Absent--Council Member Klueener.
DOCK BOARD APPOINTMENT -
Two 3-Year Terms which will expire
11-26-87; Applicants: William Bhim,
Sr. and Frank Gilloon, Ill.
Council Member Hammel moved
that Mr. Bhim be reappointed and Mr.
Gilloon be appointed to three year
terms on the Dock Bd. wMch will ex-
pire Nov. 26, 1987. Seconded by Coun-
cfi Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dcich, Hanunel, Kron-
faldt, Manning. '
Nays--None.
Absent--Council Member Kluesner.
TV CABLE TELEPROGRAMMING
COMMISSION - One Unexpired term
which will expire June 30, 1985, Iterm
of D. S~ribllng). Applicants: Francis E.
Cheslik, Stephen Jewett and Robert
McCurdy.
Vote on the applicants:
Council Member Beurskena voted
for Chesllk; Mayor Brady voted for
Chesllk; Council Member Deich voted
for McCurdy; Council Member Ham-
reel voted for Cheslik; Council Member
Kluesner - Absent; Counc'd Member
Kronfeldt voted for Cheslik; Council
Member Manning voted for Cheslik.
Therefore, Francis Cheslik ap-
pointed to an unexpired term which
will expire 6-30-85 on the TV Cable
Teleprogrammlng Commission.
RESOLUTION NO. 389-84
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the following having complied
with the provlslons of law relating to
the sate of Cigarettes within the City
Regular Sessiox
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
within said City.
Dog Gone, Inc.
Dog House Lounge
16~6 Asbury Rd.
Charles H. Scheedt
C J's Lounge
253 Maln St.
Clair Woodman
Aragon Tap
1103 Iowa St.
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beursknas moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hars Bearskens, Dalch, Hammel, Kron-
feldt, Manning. Nays--None.
Absent--Council Member Kluesner.
RESOLUTION NO. 390-84
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 flied
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
United Auto Workers, Local 94
3450 Central Ave.
IAlso Sunday Sales~
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
December 3, 1984 525
~.TTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Khiesner.
RESOLUTION NO. 391-84
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
irate 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-
plicants a Liquor License.
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Dealgn Center, Inc.
Ju. llen Motor Inn 200 Main St.
(Also Sunday Sales)
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Charles H. Schrodt
C J's 253 Main St.
Benevolent & Protective Order of
Elks #297 2699 J. F.K.
Phillip Mthalakis
River City Tavern 1406 Pine St.
(Also Sunday Sales)
John Richman & Robert Spiegel
Avenue Top 1080 University
{Also Sunday Sales)
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
Regular Session, December 3, 1984 527
526
Regular Session, December 3, 1984
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammei, Kron-
feldt, Manning.
Nays--Mayor Brady on John
Richman & Robert Spiegel only.
Absent--Council Member Khiesner.
Due to urgency of situation, City
Manager Gearhart gave a verbal
report advlslng of immediate (next
day) closing of the Cedar Cross Bridge,
for the period of two weeks, to take
and review more tests concerning the
extent of the problem.
Printed Council Proceedings for the
month of August, 1984, presented for
approval.
Council Member Manning moved
that the proceedings be approved as
printed. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Khiesner.
MINUTES SUBMITTED: Airport
Commission of 11-13; Cable Communi-
ty Teleprogramming Comm. of 11-6:
Historic Preservation Comm. of 11-13;
Housing Code Appeals Bd. of 11-14;
Human Rights Corem. of 11-12; Public
Library Bal. of 11-5; Transit Trustee
Board of 11-8 and Earnings Statement
and Statistics for montb of October,
1984, presented and read.
Council Member Manning moved
that the minutes be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
NOTICES OF CLAIMS AND SUITS:
Dubuque Savings and Loan Assn. vs.
Terry L. Bartmann et al Notice of
Levy and Sale of property located in
the City; Mrs. Ora Ryan in unknown
amount for personal injuries; Patti Jo
and Donald Schumacher in amount of
$30,000 for personal injuries,
,reeented and read.
Council Member Manning moved
.hat the claims and suits be referred to
,he Legal Staff for investigation and
report. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member FAuesner.
Communication of Corporation
Counsel Blum recommending closure
of claim of Ellen Gollnvaux, (Small
Claims 16014), presented and read.
Council Member Manning moved
that the communication be received
and filed and closure recommendation
be approved. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Khiesner~
Communication of Corporation
Counsel Bhim recommending settle-
ment of property damages and per-
sonal injury claim of Christopher
Kruse in the amount of $800,
presented and read.
Council Member Manning moved
that the communication be received
and filed and Finance Director
directed to issue the proper check.
Seconded by Council Member
[(ronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
City Manager submitting financial
report for the month of October,
presented and read.
Council Member Manning moved
that the report be received and filed.
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communication of Dubuque County
Institutional Accounts submitting
petition for suspension of real estate
taxes for a certain individual,
presented and read.
Council Member Manning moved
that the communication be received
and filed and suspension approved.
Seconded by Council Member
KrnnfeIdt. Carried by the following
vote~
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning. Nays--None.
Absent--Council Member Kluesner.
Communication of Dubuque In-
Future, Inc. submitting their financial
report for the fiscal year ended June
30, 1984, presented and read.
Council Member Manning moved
that the communication be received
and filed. Seconded by Council
Member Kranfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Krnn-
feldt, Manning.
Nays--None.
Absent--Canncll Member Kinesner.
Communication of City Manager r~-
questing approval of a request from
the Iowa Conservation Commission to
construct a two.car garage at the E.B.
Lyons Nature Center, presented and
read.
Council Member Manning moved
that the communication be received
and filed and request approved.
Seconded by Council Member Krnn-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Abeent--Councll Member Khiesner.
Communication of City Manager
submitting Resolution authorizing a
request for release of funds for certain
Community Development Block Grant
Project, presented and read.
Council Member Manning moved
that the communication be received
and filed. Seconded by Council
Member Kronfoldt. Carried by the
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel, Krnn-
faldt, Manning.
Nays--None.
Absent--Cnnncll Member Kluesner.
RESOLUTION NO. 392-84
A Resolution Authorizing Submission
of a Request for Release of Funds for
Certain Community Development
Block Grant Projects.
WHEREAS, the City of Dubuque,
in conformance with the Environmen-
tal Review Procedures for the Com-
munity Development program, con-
vened an ad hoc committee on July
14, 1976 which completed an En-
vironmental Assessment of the follow-
ing identified project to be funded in
the Community Development Block
Grant:
s Public Improvements
including street, alley, curb repair and
replacement, lighting and siguage; and
WHEttEAS, pursuant to Resolution
NO. 246-76, adopted July 19, 1976,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for the project above was
published on July 20, 1976, in the
Dubuque Telegraph Herald, a
newspaper of general circulation, and
provided for a public comment period
until 12:00 Noon, Monday August 16,
1976, and notice of opportunity to
review the project was published on
November 21, 1984 in the Dubuque
Telegraph Herald and provided for a
public comment period until 12:00
Noon, December 7, 1984; and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
23, 1976 which completed an En-
vironmental Assessment of the follow-
lng projects to be funded in the com-
munity Development Block Grant:
Residential Rehabilitation Loan and
528
Regular Session, December 3, 1984
Grant Program in Community
Development Project Areas;
Emergency Home Repair in Com-
munity Development Project Areas;
Tool Lending Library sponsored by
Washington Tool Library, Inc., a non-
profit corporation;
Relocation/Demolition Projects; and
WHEREAS, pursuant to Resolution
No. 240-76 adopted July 6, 1976,
Public Notice of a "Finding of No
Significant Effect on the Environ-
merit" for the projects above was
published on July 7, 1976, in the Dubu-
que Telegraph Herald, and provided
for a public comment period until
12:00 Noon, Friday, July 30, 1976, and
notice of opportunity to review the
projects was published on November
21, 1984 in the Dubuque Telegraph
Herald and provided for a public com-
merit until 12:00 Noon, December 7,
1984; and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
12, 1978 which completed an Eh-
vironmental Assessment of tho follow-
ing project to be funded in the Com-
munity Development Block Grant:
Housing Code Enforcement; and
WHEREAS, pursuant to Resolution
NO. 210-78 adopted June 19, 1978,
Public Notice of a "Finding of No
Significant Effect on the Environ-
merit" for the project above was
published June 20, 1978, in the Dubu-
que Telegraph Herald and provided for
a public comment period until 12:00
Noon, Friday, July 7, 1978, and notice
of opportunity to review the project
was published on November 21, 1984
in the Dubuque Telegraph Herald and
provided for a public comment period
until 12:00 Noon, December 7, 1984;
and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
11, 1980 which completed an Environ-
ment Assessment of the following pro-
ject to be funded in the Community
Development Block Grant:
Operation Paintbrush; and
WHEREAS, pursuant to Resolution
No. 292-80 adopted June 16, 1980,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for the project above was
published June 17, 1980, in the Dubu-
que Telegraph Herald and provided for
a public comment period unt'fl 12:00
Noon, Monday, July 7, 1980, and
notice of opportunity to review the
project was published on November
21, 1984 in the Dubuque Telegraph
Herald and provided for a public com-
ment period until 12:00 Noon,
December 7, 1984; and
WHEREAS, the City of Dubuque
convened an ad hoc committee on June
15, 1982 which completed an Eh-
vironmental Assessment of the follow-
ing project to he funded in the Com-
munity Development Block Grant:
Industrial/Commercial Loan Par-
ticipation Old Main Street Area; and
WHEREAS, pursuant to Resolution
No. 169-82 adopted June 21, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environ-
merit" for the project above was
published June 21, 1982, in the Dubu-
que Telegraph Herald and provided for
a public comment period until 12:00
Noon, Friday, July 9, 1982, and notice
of opportunity to review the project
was published on November 21, 1984
in the Dubuque Telegraph Herald and
provided for a public comment period
uhitl 12:00 Noon, December 7, 1984;
and
WHEREAS, the City of Dubuque
convened an ad hoc committee on July
30, 1982 which completed an En-
vlronmental Assessment of the fullow-
lng project to be funded in the
munity Development Block Grant:
Economic Development/Land Ac-
qnisitinn; and
WHEREAS, pursuant to Resolution
No. 203-82 adopted August 2, 1982,
Public Notice of a "Finding of No
Significant Effect on the Environ-
ment'' for the project above was
published August 4, 1982, in the
Dubuque Telegraph Herald and pro-
vided for a public comment period un-
til 12:00 Noon, Friday, August 20,
1982 and notice of opportunity to
review the project was published on
November 21, 1984 in the Dubuque
Telegraph Herald and provided for a
public comment period until 12:00
Noon, December 7, 1984; and
WHEREAS, Public Notice of a
"Finding of No Significant Effect on
RegularSessio~
the Environment" for the projects was
sent by regular mail to various federal,
state and local public agencies and to
the local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
each a Public Notice; and
WHEREAS, any and all objections,
if any, to such proposals have been du-
ly considered; and
WHEREAS, it is the intent of the
City Council to authorize the submls-
sion of a request to the U.S. Depart-
merit of Housing and Urban Develop-
merit for the release of funds to carry
out the aheve-identified projects.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Environmental
Review Record for each of the projects
shall continue to remain on file in the
Office of the City Clerk, where said
records may be examined and copied
by any interested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
rnent seven (7~ days after receipt from
HUD of approved application for
Calendar Year1985 Block Grant funds,
a request for release of funds to unde~
take the said projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
responsible federal official under the
National Environmental Protection
Ac~ inso~r as the provisions of the
said Act apply to the U.$. Department
of Housing and Urban Development's
responsibilities for review, decision-
making, and action assumed and ca~
ried out by the City of Dubuque as to
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the federal courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making and action.
Section 5. That the Mayor of the City
. December 3,1984 529
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the eh-
vironmentai review procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed
to publish a public notice for a Request
Ur Release of Funds and Certification
attached hereto and made a part
hereof
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATI~EST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded
by Counc'd Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communication of City Manager
recommending acceptance of Chaplain
Schmitt Memorial Island Park and
Recreation Complex; Ballpark
Lighting project, presented and read.
Council Member Manning moved
that the commuhieation be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammsi, Kron-
f~ldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
(Accepting Improvement)
RESOLUTION NO. 39384
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex;
Ballpark Lighting has been completed
and the City Manager has examined
the worl~ and £ded his certificate
stating that the same has been com-
~elted according to the terms of the
contract, plans and specifications and
recommends its acceptance.
530
Regular Session, December 3, 1984
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
merit be and the same is hereby ac-
cepted.
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tot from the CIP Levy, private fonds,
and a grant from the Iowa Conserva-
tion Commissinn and the U.S. Dopart-
ment of the Interior in amount equal
to the amount of his contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
hars Beurskens, Daich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
(Final Estimate)
RESOLUTION NO. 394-84
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex;
Ballpark Lighting has been completed
and the City Engineer has submitted
his final estimate showing the cost
thereof including the cost of estimates,
notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the cost of said im-
provement is hereby determined to be
$290,743.20 and that said amount shah
be paid from the CIP Levy, private
funds, and a grant from the Iowa Con-
servation Commission and the U.S.
Department of the Interior of the City
of Dubuque, Iowa.
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Haromel, Kron-
faidt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communication of City Manager
recommending acceptance of 1984
Traffic Signal and Street Lighting Im-
provements, presented and read.
Council Member Manning moved
that the commudication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens. Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
0kccepting Improvement)
RESOLUTION NO. 395-84
WHEREAS, the contract for the
1984 Traffic Signal and Street
Lighting Improvements has been com-
pleted and the City Manager has ex-
amined the work and filed his cer-
tificate stating that the same has been
completed according to the terms of
the contract, plans and specifications
and recommends its acceptance;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
ment be and the same is hereby ac-
cepted.
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contractor
Regular Sessioo December 3, 1984 531
from the Street Construction Fund in
amount equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kcan-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
(Final Estimate)
RESOLUTION NO. 396-84
WHEREAS, the contract for the
1984 Traffic Signal and Street
Lighting Improvements has been com-
pleted and the City Engineer has sub-
mitred his final estimate showing the
cost thereof including the cost of
estimates, notices and inspection and
all miscellaneous costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the cost of said ira-
provement is hereby determined to be
$24~88Z46 and that said amount shall
be paid from the Street Construction
fund of the City of Dubuque, Iowx
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Daich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Communication of City Manager
recommending acceptance of Dubuque
Dog Racing Facility; Grading Project,
)resented and read.
Council Member Manning moved
that the communication be received
and filed. Seconded by Council
Member Krnafeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
(Accepting Improvement)
RESOLUTION NO. 397-84
WHEREAS, the contract for the
Dubuque Dog Racing Facility Grading
has been completed and the City
Manager has examined the work and
filed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its ac-
ceptance;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque. Iowa, that the
recommendation of the City Manager
be approved and that said improve-
ment be and the same is hereby ac-
cepted.
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tor from the General Construction
Fund in amount equal to the amount
of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
532
Regular Sessior December3, 1984
Yeas--Mayor Brady, Council Mem- Approved
bets Beurskens, Dalch, Hammal, Kron-
faldt, Manning. Adopted
Nays--None.
Absent--Council Member Fluesner.
(Final Estimate)
RESOLUTION NO. 398-84
WHEREAS, the contract for the
Dubuque Dog Racing Facility Grading
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof in-
aluding the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section L That the cost of said im-
provement is hereby determined to be
~936,533.98 and that said amount shall
be paid from the General Construction
Fund of tha City of Dubuque, low~
Passed, approved and adopted this
3rd day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Manning moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the renewing vote:
Yeas--Mayor Brady, Council Mem-
bers Beorskens, Deich, Hammel, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
There being no further business
Council Member Hammal moved to ad-
journ. Seconded by Council Member
Manning. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammal, Kron-
feldt, Manning.
Nays--None.
Absent--Council Member Kluesner.
Meeting adjourned 9:09 P.M.
Mary A. Davis
City Clerk
ATTEST:
Mayor
Council Members
City Clerk
~1985
.1985
Special Session
CITY COUNCIL
December 17, 1984 533
ner, Kronfaldt, Manning.
Nays--None.
OFFICIAL
Special Session, December 17, 1984.
Council Met at 7:30 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Fluesner, Kronfaldt, Manning, City
Manager W. Kenneth Gearhart, Cot-
potation Counsel William G. Bhim.
Mayor Brady read the call and
stated that service thereof had been
duly n~ade and this Meeting is called
for the purpose TO CONDUCT A
PUBLIC HEARING TO CONSIDER
A LEASE BETWEEN THE CITY
AND DUBUQUE HISTORIC IM-
PROVEMENT CO. FOR PARKING
SPACES and acting upon such other
business which may properly come
before the Council.
Invocation was given by Rev. Dun-
can Brockway, Librarian of the
University of Dubuque Theological
Seminary and Wartburg Theological
Seminary.
Jerry Guy of the Durrant Group,
Inc. gave a report on the progress and
status of the Race Track Facility.
Council Member Deich moved to
suspend the rules to let anyone pre-
sent address the Council. Seconded by
Council Member Manhing. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hamranl, Flues-
ncr, Kronfeldt, Manning.
Nays--None.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider Lease between the
City and Dubuque Historic Improve~
ment Co. for parking spaces, presented
and read.
There were no written objections
received and no oral objectors present
at the time of the Hearing.
Council Member Beorskens moved
that the proof of publication be receiv-
ed and fried. Seconded by Council
Member Kronfaldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
hars Beurskens, Deich, Hammal, Flues.
RESOLUTION NO. 399-84
Resolution Accepting and Executing
Lease Agreement with Dubuque His-
toric Improvement Company
WHEREAS, the Dubuque Historic
Improvement Company is renovating
the Redstone property located at Fifth
~nd Bluff Streets, and
WHEREAS, parking is an essential
element in the renovation of this pro-
perry in order to accommodate its
clientele, and
WHEREAS, the Dubuque Historic
Improvement Company has expressed
an interest in leasing 16 spaces in the
City of Dubuque Municipal Parking
Lot located at the northwest corner of
Fifth and Bluff Streets, and
WHEREAS, the term of the lease
agreement would be for 10 years from
April 1, 1985 through March 31, 1985,
and
WHEREAS, the base rental would
be $4,080.00 per year effective on
April 1, 1985 and subject to ad-
justments in the cost of living on April
i of each of the succeeding years of the
lease agreement, and
WHEREAS, a public hearing was
held on the lease agreement with
Dubuque Historic Improvement Com-
pany on December 17, 1984.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section L That the lease agreement
with Dubuque Historic Improvement
Company be accepted and the Mayor
be and he is hereby authorized and
directed to execute said lease agree-
ment with Dubuque Historic Improve.
ment Company.
Passed, approved and adopted this
17th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Special Session, Deeeml~r 17,1984
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, Hammci, Klues-
nar, Kronfeldt, Manning.
Nays--None.
Communication of Planning and
Zoning Commission submitting an Or-
dlnance establishing comprehensive
zoning for the City of Dubuque, Iowa,
presented and read.
Council Member Kronfeldt moved
that the connnunication be received
and filed. Carried by the fcilowlng
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deick, Klueaner,
Kronfeldt, Manning.
Nays--Council Member Hammel.
An ORDINANCE Establishing
comprehensive zoning for the City of
Dubuque, Iowa, and providing for the
administration, enforcement and
amendment thereof, in accordance
with the provisions of Chapter 414,
Code of Iowa, 1984, and for the repeal
of all ordinances in conflict herewith,
presented and read.
Council Member Kronfeldt 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
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Delch, Kluesner,
Kronfeldt, Manning.
Nays--Council Member Hammel.
Council Member Kronfeldt moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Manning. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens Beurskens, Deich,
Kinesner, Kronfeldt, Manning.
Nays--Council Member Hammel.
Council Member Kronfeldt moved
that a Public Hearing be held on the
Ordinance on January 14, 1985 at 7:30
p.m. in the Public Library Auditorium
and that the City Clerk be instructed
to publish notice of the hcarins in the
manner prescribed by law. Seconded
by Council Member Manning. Carried
by the following vote:
Ycas--Mayor Brady, Council Mem-
bets Banrskens, Dalch, Kluesner,
Kronfeldt, Manning.
Nays--Council Member Hanunci.
Communication of City Manager re-
questing reservation of time for Brice,
Petrides and Associates to submit a
report regarding the Cedar Cross Road
Bridge, presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hummel, Klues-
nar, Kronfeldt, Manning.
Nays--None.
Report reccived from Brice, Petrides
and Associates in regard to the Cedar
Cross Road Bridge and a Communica-
tion of Jack and Mary Schumacher rc-
questing reconsideration to re~open
tho Cedar Cross Road Bridge,
presented and read.
Mr. Patrick Olsen spoke to the
report.
Mr. A] Pulscan, 3515 Creedent
Ridge and Mr. Charles Andracchin,
466 Shlnoak Ct. expressed concerns
with bridge closing.
Council Member Delch moved to
reimpose the rules. Seconded by Coun-
cil Member Manning. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel, Klues-
her. Kronfeldt, Manning.
Nays--None.
Council Member Kronfeldt moved
that the report and communication be
received and filed. Seconded by Coun-
cll Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel, Klues-
her, Kronfeldt, Manning.
Nays--None.
Communication of Corporation
Counsel Blum submitting an Ordinance
Special Session December 17,1984 535
providing for amendments to the
Pawnbrokers' Ordinance as proposed
by various pawnbrokers and secon-
dhand dealers, presented and read.
Council Member Kluesner moved
that the communication be received
and filed. Seconded by Council Mem-
ber Hammcl, Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Deich, Hummel, Klues-
her, Kronfeldt, Manning.
Nays--None.
Council Member Klueaner moved to
suspend the rules to let anyone pre.
sent in the Chambers to address the
Council if they so desire. Seconded by
CounFd Member Hummel. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskane, Deick, Hammcl, Klues-
her, Kronfeldt, Manning.
Nays--None.
Steve Simon spoke to the Ordinance
and requested that Section 22-2(a)(6)
be deleted.
Council Member Kronfcldt moved
adoption of the Ordinance as amended
by deleting portion as requested by
Mr. Simon. Seconded by Council Mem-
ber Hummel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskans, Hummel, Kineaner,
Kronfeldt, Manning.
Nays--Council Member Deich.
ORDINANCE NO. 47-84
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES BY
REPEALING CERTAIN SECTIONS
OF CHAPTER 22 AND ENACTING
A NEW DEFINITION OF SECON-
DHAND DEALER IN SECTION
22-2(al AND ENACTING NEW SEC-
TIONS 22-2a(1), 22-2al6), 22-2la)7,
22-2(dl, 22-6 AND 22-18(b) PRO-
VIDING FOR THE REGULATION
OF JUNK DEALERS, SECON-
DHAND DEALERS AND PAWN-
BROKERS, presented and read.
Council Member Kluesner moved
that the reading just had be con-
s~dered the first reading of the Or-
dinance. Seconded by Council Member
Hummel Carried by the fo]lowing
vote:
Yeas--Mayor Brady, Council Mem-
bers Banrskens, Deich, Hummel, Klues-
net, Kronfeldt, Mamning.
Nays--None.
Council Member Kluesner moved
that the rule requiring an Ordinance to
be presented and read at two meetings
piror to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Hummel. Carried
by the fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hummel, Klues-
her, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 4784
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING THE DEFINITION OF
SECOND-HAND DEALER IN SEC-
TION 22-1, AND REPEALING SEC-
TIONS 22-2(a), 22-2(a)(1), 22-2(a)6,
22-2(d), 22-6 AND 22-18(b) AND
ENACTING A NEW DEFINITION
OF SECOND-HAND DEALER IN
SECTION 22-2(a) AND ENACTING
NEW SECTIONS 22-2(a)(1), 22-
2(a)(7), 22-2(d), 22-6, AND 22-18(b)
PROVIDING FOR THE REGULA-
TION OF JUNK DEALERS, SEC-
eND-HAND DEALERS AND
PAWNBROKERS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
C1L, CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing the definition
of second-hand dealer in Section 22-1
and repealing Sections 22-2(a), 22-
2(a)(1), 22-2(a)(6), 22-2(d), 22-6, and
22-18(b) and enacting a new definition
of second-hand dealer in Section 22-1,
and new Sections 22-2(a), 22-2(a)(1),
22-2(a)(7), 22-2(d), 22-6, and 22-18(b) in
lieu of as follows:
Sec. 22-1. Definitions.
Second-hand dealer shall mean every
person or organization who purchases
used goods or materials, as set out in
Sec//mn 22-4 herein, for the purpose of
resale and who possesses a State of
Iowa Retail Sales Tax Permit or who,
while not required to possess a State
of Iowa Retail Sales Tax Permit,
advertises and purchases antiques, used
or scrapped jewelry and precious
metals. Non-profit organizations and
businesses which are primarily not
engaged in a sale of second-hand goods
536
Special Session, December 17, 1984
are exempt from this Chapter. Sec. 22-2. Required records.
(a) When goods or material s
described in Section 22-4 are received
by purchase, as security or on consign-
ment, it shall be the duty of the person
or organization receiving the goods or
materials to permanently record in the
English language on serially numbered,
triplicate forms approved by the Chief
of Police. All forms printed whether
used or voided shall be accounted for
by the licensee. The forms shall con-
lain the following information.
(1) Name and address of the person
from whom it was received with the
means of identification used, i.e.,
driver's license, birth certificate, etc.
*
(7) All forms, whether used or not,
shall be maintained in numerical
(d) Every pawnbroker and second-
hand dealer shall make available all
such records immediately upon
demand of any Dubuque Puiice Offi-
Sec. 22-6. Fencing requirements
for junk and salvage operations.
(a) An operator of a junkyard/sal-
vage operation shall submit to the City
Development Planner a screening plan
which shall be approved for each indi-
vidual premise. The screening plan
shall integrate the screen with the nat-
ural surroundings and shall consider
able access to the screen for purposes
of mointahiing the screens.
(b) The purpose of screening is to
eliminate the visual impact of the jun-
kyard contents by obscuring it from
view outside the premises.
(c) Materials for use in screening of
junkyard shall generally consist of nat-
ural objects, plantings, fences, or other
appropriate means such as storage
sheds, buildings and other similar ele-
ments.
(1) Natural elements shall be
earthen berms, rock formations,
wooded areas, or other similar ele-
(2) Plantings shall be shrubs and
trees of such types as to provide year-
local site conditions. All plant material
used for screening shall be of a size and
quantity to provide obscurement.
(3) Screens shall be made of wood,
metal or other materials commonly
used in the building trade, and shall
be of such height and type as neces-
sary to provide obscurement. Screens
shall be designed to withstand a min-
imum wind load of 20 pounds per
square foot and shall be of a perma-
nent nature. All materials used for fin-
isl~ng screens shall be a nonrefiective
material which will blend with the nat-
ural surroundings. Screening shall not
be placed in any manner so that either
the screen or the maintenance of
screen will create or contribute to the
creation of a safety hazard or endanger
public safety, nor will it interfere with
the public's use of any right-of-way.
(d) Junkyard/salvage operators shall
maintain the screening in a condition
equal to the original installation of the
screening. Maintenance shall include.
but not be limited to, the following
items:
(1) Replacement of plant material
which is dead or has been damaged so
that it no longer serves the intended
purpose of screening the operation.
(2) Screen maintenance shall include
the renewal of the surface treatment
with stains paints, or other appropri-
ate materials when needed and the
replacement of panels, sections, mem-
bers or support structures of the
screening when needed.
Section 22-18. Business requiring
annual license.
(b) A nonrefundable fee of $50 shall
be collected and all licenses shall
expire on the first day of February of
each year."
PASSED, ADOPTED AND
APPROVED THIS 17th day of
December, 1984.
James E. Brady
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 28th day of
December, 1984.
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Ordinance, as amend-
ed. Seconded by Council Member
Hammel. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
ner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
SpecialSessiom
submitting Resolution providing for
the leasing of two ornamental lights to
Dubuque Historic Improvement Co.,
presented and read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Daich. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
her, Kronfi)ldt, Manning.
Nays--None.
RESOLUTION NO. 400-84
Lease of the Ornamental Lights to
Dubuque Historic Improvement Com-
pany
WHEREAS, the Dubuque Historic
Improvement Company is renovating
the Redstone Inn located at Fifth and
Bluff Streets, and
WHEREAS, the Dubuque Historic
Improvement Company has requested
the lease of two ornamental street
lights from the City of Dubuque, and
WHEREAS, the cost of restoration,
installation, maintenance, and opera-
lion of these lights would be at the ex-
pense of the Dubuque Historic Im-
provement Company, and
WHEREAS, installation of the
lights will enhance the characteristics
of the property being developed by the
Dubuque Historic Improvement Com-
pany, and
WHEREAS, if the characteristics of
the use of the property should change
at any future date then the lights
would be removed and returned to the
City.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the attached letter of
agreement for the lease of the two o~
namental street lights to the Dubuque
Historic Improvement Company be ac-
cepted and approved.
Section 2. That the City Manager be
and hereby authorized to execute said
letter agreement with the Dubuque
Historic Improvement Company.
December 17,1984 537
Passed, approved and adopted this
17th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the fo]lowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
her, Kronfeldt, Manning.
Nays--None.
Communication of Dubuque
Historical Society advising of
awaiting a decision on its request for
one historic double lamp street light
for installation in front of the Wood-
ward Riverboat Museum, presented
and read.
Council Member Kluesner moved
that the communication be received
end filed and directed that they make
available a lease for a double lamp of
same type as granted to the Dubuque
Historic Improvement Co. Seconded
by Council Member Hammel. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
net, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Ordinance allowing Jeld-
Wen Fiber Products to install a Waste
Compactor adjacent to their business
on Washington St. right-of-way be-
tween Seventh and Eighth Streets,
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Khiesner. Carried by the
fi)flowing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
net, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 48-84
AN ORDINANCE AUTHORIZING
JELD-WEN FIBER PRODUCTS OF
IOWA TO CONSTRUCT A WASTE
538
COMPACTOR AND CONCRETE
PAD AT 250 EAST EIGHTH ST.,
presented and read.
Council Member Kranfeldt moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
KIuesner. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beur skens, Deich, Hammel, Kines-
her, Kranfaldt, Manning.
Nays--None.
Council Member Kronfeldt moved
that the rule requiring an Ordinance to
be presented and read at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kluesner. Carried
by the fofiowing vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel, Klues-
ncr, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 48.84
AN ORDINANCE AUTHORIZING
JELD-WEN FIBER PRODUCTS OF
IOWA
TO CONSTRUCT WASTE COM-
PACTOR & CONCRETE PAD
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That JELD-WEN
FIBER PRODUCTS OF IOWA as
owners of the premises known as 250
EAST 8th St., Dubuque, Iowa, and
legally described as City lots 414, 413,
412, 411, 410 be and they are hereby
granted the revocable permit and
authority to construct and maintain A
waste compactor & concrete pad on
the West side of Washington Street
between 7th & 8th Streets under the
terms and conditions set forth in this
Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the
City Manager, and in accordance with
all applicable state and federal laws
and regulations, and the Ordinances of
tbe City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
a) Assume any and all liability for
damages to persons or property which
Special Session, December 17, 1984
may result from the existence, loca-
tion, installation, construction or main-
tenance of said Waste compactor &
concrete pad.
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 maintenace of said Waste
Compactor & Concrete Pad 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 location, installation,
existence, construction or maintenance
of Said waste compactor & concrete
Pad ~d to pay reasonable attorney
fees therefore; and
c) Indemnify 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 persona or for damage to any
property of the City of Dubuque which
may occur as a result of or in conn-
cection 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 right and privilege
herein granted be rescinded or revoked
bSey the City Council, permittees, or
their successors in interest, as owners
of the abutting property, shall within
ten (10) days after receipt of written
notice from the City Manager, so to
do, at their own expense, remove said
Waste Compactor and in the event of
their failure so to do, the City of
Dubuque shall be authorized to
remove said Waste Compactor at per-
mittees' expense and dispose of the
same, and the permittee shall have no
claim against the City or its agents for
damages resulting from the removal of
said Waste Compacter,
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-
serial injuries and/or property damage
against the permittees arising out of or
SpecialSessio~
in any way connected with the loca-
tion, installation, construction, design,
repair and maintonance of the facil-
ity herein permitted.
Section 6. This Ordinance shall
become effective and the fights here-
under accrue to JELD-WEN FIBER
PRODUCTS OF IOWA when this
Ordinance has been adopted by the
City Council and the terms and condi-
tions thereof accepted by permittoes by
acceptance endorsed on this Ordi-
Se~tinn 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this Ordinance in the office of the
Recorder in and for Dubuque County,
Passed, approved and adopted this
17th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 48-84
The undersigned having read and
being familiar with the terms and con-
ditions of Ordinance No. 48-84 hereby.
for themselves, their successors or
· ssigns, 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: 12/12/84
By: H. D. Brady
Manager
Published officially in the Telegraph
Herald newspaper this 26th day of
December, 1984.
Mary A. Davis
City Clerk
It 12/26
Council Member Kronfeldt moved
final adoption of the Ordinance.
Seconded by Council Member Kines-
ncr. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Bearskens, Deich, Hammel, Klues-
ncr, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting an Ordinance to formally
record seven public parks and/or
recreation areas in the City Code of Or-
dinances, presented and read.
Council Member Manning moved
that the communication be received
December 17, 1984 539
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mere-
hors Bearskens, Deich, Hammel, Klues-
ncr, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 49-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE BY ENAC-
TING SECTION 27-103 THROUGH
2~.109 THEREOF PROVIDING FOR
THE DESIGNATION OF CERTAIN
CITY PARKS, presented and read.
Council Member Manning moved
that the reading just had be con-
sidered the first reading of the Or-
dlnance. Seconded by Council/Member
Kronfeldt. Carded by the fo flowing
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Har~nel, Kines-
ncr. Kronfaldt, Manning.
Nays--None.
Council Member Manning moved
hat the rule requiring an Ordinance to
be presented and read at two meetings
)tier to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beur skens, Deich, Hammel, Klues-
ncr, Kronfeldt, Manning.
Nays--None.
ORDINANCE NO. 49-84
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING SECTIONS 27-103
THROUGH 27-109 THEREOF PRO-
VIDING FOR THE DESIGNATION
OF CERTAIN CITY PARKS.
WHEREAS, Sections 27-17 and 27-
18 of the Code of Ordinances of the
City of Dubuque, delegates to the Park
and Recreation Commission the
responsibility to establish rules and
regulations governing the use of all
grounds and facilities that have been
or may be set aside as public parks,
playgrounds and recreation areas; and
WHEREAS, there are numerous
areas within the City that have been
dedicated or otherwise set aside by the
City of Dubuque for recreation pur-
Special Session, December 17, 1984
poses and
WHEREAS, it is in the best interest
of the City that all such areas be
appropriately described by ordinance
and included in the Code of Ordi-
nances of the City of Dubuque;
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa
be mnended by enacting Section 27-
103 through Section 27-109 thereof as
follows:
See. 27-103. Waller-Cooper Totlot.
The following described parcel of real
estate is and shall be used for public
park purposes and shall be continued
to be known, called and named as
WaEer-Cooper Totlot and placed
under the jurisdiction of the Park and
Recreation Connnission..
Lots 26, 27 and 28 in Cooper Heights
Addition in the City of Dubuque,
Iowa.
Sec. 27-104. Falk Playground.
The following described parcel of rea]
estate is and shall be used for public
park purposes and shall be continued
to be known, called and named as Falk
Playground and placed under the
jurisdiction of the Park and Recreation
Commission.
Lot 28 in Falks Subdivision in the
City of Dubuque, Iowa.
See. 27-105. Rillerest Totlot.
The following described parcel of real
estate is and shall be used for public
park purposes and shall be continued
to be known, called and named as
Hillcrest Totlot and placed under the
jurisdiction of the Park and Recreation
Commission.
Lot 1 of Lot 4 of Mineral Lot 261 in
the City of Dubuque, Iowa.
Sec. 27-106. Gay Playground.
The following described parcel of real
estate is and shall be used for public
park purposes and shall be continued
to be known, called and named as Gay
Playground and placed under the
jurisdiction of the Park and Recreation
Commi~on.
Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 1 in Young Primrose
Place and LOts 3 and 4 in Grommersch
Place, all in the City of Dubuque,
Iowa.
Sec. 27-107. Valley High Play-
ground.
The following described parcel of real
estate is and shall be used for public
park purposes and shall be continued
to be known, called and named as Val-
ley High Playground and placed under
the jttriediction of the Park and Rec-
reation Co~nmission.
LOt 2 of Lot 1 of Lot 1 of Lot I in
Mineral Lot 337 and Lot 5 in Wie-
gand's Subdivision, all in the City of
Dubuque, Iowa.
Sec. 27-108. Cleveland Park.
The following described parcel of real
estate is and shall be used for public
park purposes and shall be continued
to be known, called and named as
Cleveland Park and placed under the
jurisdiction of the Park and Recreation
Commission.
South 2/3 of City Lot 695 in the
City of Dubuque, Iowa.
Sec. 27-109. Burden Playground.
The following described parcel of real
estate is and shall be used for public
park purposes and shall be continued
to be known, called and named as
Burden Playground and placed under
the jurisdiction of the Park and Rec-
reation Commission.
Lot 1 of Lot 1 of Lot 3 northeast
quarter, Section 13, township 89 north,
range 2 east in the City of Dubuque,
Iowa."
PASSED, APPROVED AND
ADOPTED THIS 17th day of Decem-
ber, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
December, 1984
Mary A. Davis
City Clerk
It 12/27
Council Member Manning moved
final adoption of the Ordinance.
Seconded by Council Member Kron-
feldt. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
her, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Resolution approving the
filing of an application for 25 addi-
tional Section 8 Existing units,
presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
Lng vote:
Yeas--Mayor Brady, Council Mem-
Special Session December 17, 1984 541
bers Beurskens, Deich, Hammel, Klues-
ncr, Kronfeldt. Manning.
Nays--None.
RESOLUTION NO. 401-84
Resolution Authorizing and Directing
the Mayor to Execute an Applicatlon
for 25 Units of Section 8 Existing
Housing
WHEREAS, the City of Dubuque
functions as a Public Housing Agency
authorized by provisions of Chapter
403A of the 1966 Code of Iowa, as
amended; and,
WHEREAS. the City of Dubuque
and the United States Department of
Housing and Urban Development
have approved a Housing Assistance
Plan for 1982~85 which indicates need
for additional Section 8 Existing units;
and
WHEREAS, the City rental
assistance waiting lists indicate a
large demand by low-income families
needing rental assistance in the 2 and
3 bedroom classifications; and
WHEREAS, the United States
Department of Housing and Urban
Development has published a Notice
of Fund Availability inviting the City
of Dubuque to file an application for
up to 25 Section 8 Existing units as
soon as possible, but no later than
January 18, 1985; and
WHEREAS, the 1982 City of Dubu-
que Housing Strategy recommends
continued expansion of the Section 8
Existing Program as funds are made
available because it provides
necessary rental assistance to low in-
come renters while helping to maintain
the existing rental stock.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council ap-
proves the submission of an applica-
tion for 25 additional units of Section 8
Existing Housing.
Section 2. That the City Council
authorizes and directs the Mayor to ex-
eeute an application for 25 additional
Section 8 Existing units and other
documents which may be required to
complete this application.
Section 3. That the City of Dubuque
Housing Commission is directed to
provide a public notice of and conduct
a public hearing in accordance with re-
quirements of Chapter 403A, 2B Code of
Iowa, and report the results to the City
Council.
Section 4. That the City Manager is
directed to forward said application to
the U.S. Department of Housing and
Urban Development on or before
January 18, 1985.
Passed, approved and adopted this
17th day of December, 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, Klues-
net, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting Resolution for amendment
to Consolidated Annual Contributions
Contract - Section 8 Existing Housing
Program, presented and read.
Council Member Beurskens moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the fnilow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
ncr, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 402-84
Resolution Authorizing and Directing
the Execution of Annual Contribu-
tions Contract Incorporating an Addi-
tional 43 Units Section 8 Existing Pro-
gram Funds with 436 Unit Contract
WHEREAS, the City of Dubuque,
Iowa (herein called the "Local Authori-
ty") proposes to enter into a revised
contract (herein called the "Annual
Contributions Contract") with the
United States of America (herein
542
Special Session, December 17, 1984
called the "Government") with respect
to any "Projects" as defined in the An-
nual Contributions Contract and
which at any time now or hereafter is
incorporated under the terms of such
Contract.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The Annual Contributions
Contract in substantially the form of
contract hereto attached and marhad
"Exhibit A " is hereby approved and
accepted both as to form and
substance and the Mayor of Dubuque,
Iowa, is hereby authorized and
directed to execute said contract in
two copies on behalf of the Local
Authority, and the City Clerk is hereby
authorized and directed to impress and
attest the official seal of the Local
Authority on each such counterpart
and to forward said executed countet~
parts, or any of them, to the govern-
ment together with such other
documents evidencing the approval
and authorizing the execution thereof
as may be required by the Govern-
ment.
Section 2. Whenever the following
terms, or any of them, are used in this
Resolution, the same, unless the con-
text shall indicate another or different
meaning or inten~ shall be construea~
and are intended to have meaning as
follows:
1. The term "Resolution" shall mean
this Resolution.
2. All other terms used in this
Resolution and which are defined in
the Annual Contributions Contract
shall have the respective meanings
ascribed thereto in tho Annual Con-
tributions Contract.
Passed, approved and adopted this
17th day of December, 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, Klues-
ner, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting a Resolution authorizing
application for a Community Develop-
ment Block Grant Guaranty for
Downtown Hotel Construction,
presented and read.
Council Member Kronfeldt moved
that the communication be rocelved
and filed. Seconded by Council
Member Kluesner. Carried by the
following vote:
Yeas--Mayor Brady, Coundl Mem-
bers Beurskens, Deich, Hammel, Klues-
ncr, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 46~-84
Authorizing the Filing of an Applica-
tion for Loan Guarantee for Down-
town Dubuque Convention Hotel
WHEREAS, Investment
Counselors, Inc. proposes to develop a
convention hotel on Urban Renewal
Disposition Parcel 4-2 across from the
Five Flags Civic Center in Dubuque;
and
WHEREAS, it has been determined
that said proposal will not be feasible
without non-local assistance.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council
hereby authorizes the filing with the
U.S. Department of Housing and U~
ban Development of an application for
loan guarantee in conformance with
Subpart M, Section 108 of the Com-
munity Development Block Grant
regulations. Said application shall re-
quest a loan guarantee for the purpose
of assisting in the development of a
downtown convention hotel
Section 2. That th~ City Manager is
hereby authorized and direetad to act
as the official representative of the Ci-
ty of Dubuque in connection with said
loan guarantee application, and to pry-
vide such additional information as
may be requested by the U.S. Depart-
ment of Housing and Urban Develop*
Special Session. December 17, 1984 543
Passed, approved and adopted thi~
17th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Kluesner. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
ncr, Kronfeldt, Manning.
Nays--None.
Communication of City Manager
submitting a Resolution authorizing
releasing the City's interest in real
estate rehabilitated through the Hous-
ing Rehab Program, presented and
read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Kronfeldt. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
ncr, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 404-84
Resolution Authorizing the City
Manager to Act on Behaff of the City
Council in Disposing of Interest hi
Certain Real Estate Bound by Liens
and/or Mortgages Agreed to Between
Housing Rohab Property Owners and
the City of Dubuque.
WHEREAS, the City of Dubuque,
by and through its Department of
Community Development, executes
property liens and mortgage in-
struments on behalf of the City; and
WHEREAS, the various llen and
mortgage instruments create an in-
retest by the City in the various
parcels of real estate which have been
rehabilitated to comply with City
Housing Code, and other applicable
standards; and
WHEREAS, the City is frequently
requested to dispose of its interest in
said real estate after the property
owner has fulfilled the financial and
other obligations of their lien and/or
mortgage instrument; and
WHEREAS, it is impractical to
have each such disposition approved
by the City Council.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Manager, or
his designee, is authorized to release
City of Dubuque interest in real estate
which has been rehabilitated through
the Housing Eehab activity, if the pro-
perty owner fulfills all the terms and
conditions of the lien and/or mortgage
instrument involved.
Section 2. That the City Council
shall retain the authority to dispose of
interest in any real estate upon which
the original terms and conditions of
the lien or mortgage instruments are
not fulfille~
Section 3. That this authorization
shall apply to all future dispositions,
az well as to any her,-to-fore disposed
of by the Department of Community
Development.
Passed, approved and adopted this
17th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Kronfeldt. Carried
by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kluea-
ncr, Kronfeldt, Manning.
Nays--None.
An ORDINANCE Amending the
Code of Ordinances by enacting a new
reference to 4th Street as listed in
Parking Meter District B in Section
25-326 in lieu thereof providing for the
inclusion of 4th St. in Parking Meter
District B., AND An ORDINANCE
Repealing the reference to 4th St. as
listed in the twc-hour time zones in
Subsection (c) of Section 25-257
thereof providing for restricted park-
ing on 4th Street, said Ordinances
Special Session, December 17, 1984
having been presented and read at the
Council Meeting of December 3, 1984,
presented for further action.
Susan Prochasha of the 4th Street
area spoke to the proposed Or-
Mayor Brady moved that these Or-
dinances be tabled until the AdiHoc
Committee can meet with the 4th
Street Aesoniation. Seconded by Coun-
cil Member Kronfeldt. Carried by the
fellowing vote:
Yeas--Mayor Brady, Council Mem-
bers Deich, Hammel, Kluesner,
Krunfeldt.
Nays--Council Members Beurskens,
Manning.
A Petition containing 34 signatures
opposing metered, vertical parking on
4th Street for various reasons,
presented and read.
Council Member Deich moved that
the petition be received and filed.
Seconded by Council Member
Kronfeldt. Carried by the following
Yeas--Mayor Brady, Council Mem-
bers Beurekens, Deich, Hammel, FAues-
ner, Kronfeldt, Manning.
Nays--None.
Communication of Dock Commis-
sion Chairperson requesting execution
of Cooperative Agreement for develop-
ment and maintenance of a Marine
Fuel Tax Fund Project, presented and
read.
Council Member Hammel moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the inllow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bars Beurskens, Deich, Hammel, Klues-
her, Kronfeldt, Manning.
Nays--None.
RESOLUTION NO. 405-84
Resolution Accepting and Executing
Cooperative Agreement for Develop-
ment and Maintenance of a Marina
Fuel Tax Fund Project
WHEREAS, the City of Dubuque
Board of Dock Commissioners has
negotiated for and received committ-
ment from the Iowa State Conserva-
~wn commission 50% cost share parti-
elpation in the installation of a
snaitary sewer through the floodwall
and the New Harbor Development,
Inc. leased premises, and the installa-
tion of a boat pump out station, and
WHEREAS, the New Harbor
Development, Inc. has agreed to pay
to the City the balance of the
estimated cost of the project, and
WHEREAS, the City of Dubuque
Board of Dock Commissioners has
considered the program to be of vital
importance to the City of Dubuque
and recommends to the City Council of
the City of Dubuque, Iowa acceptance
and signing of the Cooperative Agree-
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Sect/on 1. That the Cooperative
Agreement of the Iowa State Conse~
ration commission and the C~ty of
Dubuque be hereby approved~
Section 2. That the Mayor be
authorized and directed to execute
said agreement with the Iowa State
Conservation Commissior~
Passed, approved and adopted this
17th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Hammel moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the renewing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
her, Kronfeldt, Manning.
Nays--None.
Verbal petition of Council Member
Hammel requesting to discuss charges
of Conflict of Interest was introduced
and Mayor Brady advised Mr. Ham-
mai he had the floor.
Council Member Hanunel requested
the following be read into and be made
pert of the Council record.
Mr. Hammel - Mr. Mayor, I beg the
indulgence of my colleagues - I think a
very serious charge has been leveled at
Special Session December 17, 1984 545
me and I wish to publicly address it
-though it has been addressed and I
know you am of in receipt of the com-
munications. I llke to start out by say-
in~ that when we were elected to
public office, we lose our identity -both
our percenki llfe whether an occupa-
tion we pursue, being it, working for
someone or be'rog an employer. It
seems that we become eauncilperson.
I have had a number of attacks level-
ed at me, by one individual in the com-
munity that apparently has decided
that he will take upon himself to carry
~m a personal vendett~ - so ha it - I like
to publicly state that I take the faith
and trust that was implacod in me,
when I was elected to represent the
citizens in this community very
seriously. When I make decielons at
this council t~ble, I do so to the best of
my ability, make those dec~elons to the
best interest of the citizens of the City
of Dubuque. I would like, at this time,
to read a letter, which was dated
December 7, 1984, and addressed to
Mr. Blum, our Corporation Counsel.
Dear Mr. Blum:
As per our telephone conversation
on Dec. 5, 1984, I submit to you the
f~llowing. On December 7, 1984 1 pro-
eaeded to the Dubuque Greyhound
Racing Track and Mr. Mark
Schneider, Treasurer and Director of
Tri State Mechanical and Mr. Joseph
Hartman who was and to the hast of
my knowledge still is an employee of
Trl State Mechanical were working on
t~e water systems at the track site in-
stalling water hydrants for the track
kennel area. I believe this should be
considered as a direct conffict of in-
terest by William K. Hammel owner
OWNER of Tri State and City Council
mamhar, who has a voice in the awar-
ding of the contracts for the site.
Sincerely, Michael D. Adams, 1990
St. Joseph Streets, Dubuque, Iowa (At
least he lives in the first ward).
Mr. Blum I have two questions for
you before I proceed - I would ask
"Did you indeed receive a telephone
call from Mr. Mike Adams on the 5th
of December, 19847"
Mr. Blum's response 'No Sire, I did
t~k to another gentleman who was
with the same organization but not
Mr. Adams. I never talked to Mr.
Council Member Hammel - You have
never talked with Mr. Adams tho he
made reference in his letter to a conver-
estion with you on December 5th, 1984,
Mr. Bhim - That's correct - I have
never talked to him.
Mr. Hammel - I would lhke to point
out here
Council Member Beurskens · Ques-
tion of Mr; Blum - Who is the same
organization - I'm mystified.
Mr. Blum - My understanding is
that Mr. Adams is a member of the
Plumbers Union and I have had some
phone calls and discussion from some
of the people there - but I have not
talked to Mr. Adams.
Mr. Hammel - On December 12th,
upon receipt of letter, I was called in
by Mr. Blum and questioned by him
and had discussions with him and the
City Manager.
Mayor Brady - II I may interrupt for
just a minute - Mr. Blum ealled me im-
mediately upon receipt of letter, read
it to me and asked how to proceed and
we agreed between us, that the proper
procedure was to confront you first
and carry on that conversation.
Mr. Hammel - On December 12,
1984, Mr. Blum responded to Mr.
Adams. I am in receipt of your Letter
of December 7, 1984 concerning a
possible conffict of interest by Council
Member Hammel. It is my understan-
ding that C. F. Cart was awarded the
contract for construction of a kennel
at the race track site. I have been in-
formed that MMC is a subcontractor
of C. F. Carr and presently employs
Mark Schneider and Joseph Hartman.
I have discussed your letter with
Council Member Hammel and he in-
forms me that Joseph Hartman was an
employee of Tri-State Mechanical Con-
tractor's Ltd. but was terminated in
May of 1984 and has no association
whatsoever with the corporation. It is
my understanding that Mr. Schneider
is presently employed by MMC. Mr.
Hammel is very adament that Tri-
State Mechanicai Contractors, Ltd.
has no agreement with MMC nor does
Tri-State Mechanical nor Mr. Hammel
derive any direct or indirect renumere-
tion from the employment of Mr.
Schneider. Based on the facts that
have been presented to me at this
time, I can find no violation of the con-
flict of interest provisions of the State
546
Special Session, December 17, 1984
Code. If you believe that my facts are
incorrect or if you have additional in-
formation, I would be happy to discuss
the matter further.
Sincerely, William G. Blum, Corpora-
tion Counsel.
I would like to publicly state that I
personally have no connections with
MMC Mechanical Contractors - Tri-
State Mechanical Contractors has no
connection whatsoever with MMC
Mechanical Contractors or any other
contractor in the City of Dubuque. I
would, also, like to point out that I am
being named as the OWNER of Tri-
State Mechanical Contractors. I would
like to publicly state that Tri-State
Mechanical Contractors if a corpora-
tlon, meaning it is owned by stock
holders - I am NOT a stock holder in
Tri-Stote Mechanical Contractors. I
am NOT on the Board of Directors and
I am NOT an officer. I do hold a
management position there. Tri-Stote
Mechanical is my employer. Since
stated, there is an individual in this
community that has a personal
vendetta and the reason being - Tri-
State Mechanical has been involved
with a labor dispute with Local 66
Plumbers and Steamfitters Union
since May of 1983. Since that time,
Mr. Bill Herr[g, Business Manager for
the Plumbers and Fitters, has taken it
upon himself to write about me, quite
frequently, in a column that he writes
for the local labor newspaper. And I
would like to read to you an article
that was printed by Mr. Herrig on Oc-
tober 26, 1984. It states: MMC, a non-
union contractor at the site (referring
to dog track site) arrived there with a
group of non-union personnel late last
week. Investigation by the local found
persons at the site. None were known
or familiar and after more investiga-
tion it was reported that MMC has
personnel from Elizabeth, Ill., East
Dubuque and Delhi, Iowa working for
them. (When Tri-State Mechanical had
union, we employed porsonndi from
Local 66 who were residents of City of
Dubuque, Dubuque County, East
Dubuque, Illinois and Hazel Green
Wisconsin.) The later is former owner
of a resort in Delhi. Others were also
reportedly at the site. A report also
was received that non-union Tri-State
Mechanical was in the area as his
truck was parked at a rear entrance to
the site. Tri-State Mechanical is owned
by City Councilman William HammeL
(I would like to explain I have a 20
year old son who, like a lot of young
folks, makes use of what is known as
Camp 17. And on the evening, prior to
this siting, got his truck stuck in that
area - came to his father the next mcr-
ning for help and said, "Dad, can I bor-
row one of the trucks to ge and get my
truck out?" and naturally I said Yes --
I'm human- And for that I get written
up. No bother to check folks, which I
think some of the information
presented to you shows.) On Friday
last, December 14th, Mr. Herr[g again
took it upon himself to write in his col-
umn. And he writes: At a recent bid-
ding project at the Dubuque
Grehunnd Track a union plumbing
firm was low bidder, using the union
rate, and coming in $7,500.00 below
the non-union firm. (No low bidder can
be determined until a contract is
awarded and a contract by State Law,
must be awarded to the lowest and
responsible bidder). And if Mr. Herrig
would read the plans and specifica-
tions, he would find that it is so stated,
I have access to those plans and
specifications which you can read - A
contract is awarded on the comhina-
tion of base bid plus alternates.
In Deed, the fact is - that MMC
Mechanical was $2500 low on the base
bid.)
The union contractor would be using
ali Dubuqueland union labor for his
work force. While the non-union MMC
is picking up personnel from any area
as his labor force. The result of this,
competitive bidding was that the City
Council waived the liquidated damage
clause used by both contractors in the
bidding process. This made non-union
MMC low bidder, but they did not
~llow Modern Piping, the union con-
tractor, to adjust his bid. Now, how
can a man charge me with a conffict of
interest, then suggest that this City
Council should violate State Law by
allowing a contractor to adjust his
bids after they have been publicly
opened and read.
Modern Piping, a well qualified con-
tractor, is no stranger to Dubu-
queland. They were the contractors on
the Delaware County Nursing Home
and more recently are completing
work in progress at Mercy Hospital
through a sub-contractor. And folks,
this is going to blow your mind - but
that subcontractor to Modern Piping
Special Sessiec
is MMC Mechanical Contractors and it
goes on and reports problems Council
Member Hammel is having at the
court house. I think it is great and I
really think the T-H is missing the
beat in not hiring Mr. Herrig to do a
column and to do some reporting for
them. I'm making light of a very
serious matter - I take my public trust
very seriously. I resent the charge, I
deny all the implications and I most
certainly resent that Mr. Herr[g was
not man enough to sign his own letter.
And I guarantee you he typed the let-
ter on the typewriter in his office. I've
gotten letters from him in the past
that it will show you that it is exactly
the same typewriter and I'm sure that
Mr. Bhim can attest that he did
receive a phone call on December 5th,
but it was not from Mr. Davis (Adams)
- it was from Mr. Herrig and I would
further like to say - Is Mr. Herr[g's
concerns so much for the citizens of
Dubuque or is his concern a self-
centered, self-seeking concern. I would
also like to point out that the way the
bids were awarded on the last phase of
the dog track we saved the taxpayers
$22,500. Now isn't that a shame that
this City Council actually attempted
to save the taxpayer money? I rest my
Dr. Neumeister and Council Member
Deich voiced support of Mr. Hammel'.
position.
Council member Kronfeldt re
quested that it be put on record that
this Council accepts Mr. Hammel's
position.
Motion died for lack of second.
Other Council members expressed
appreciation for Mr. Hanunel stating
his position and sharing his thoughts
publicly.
Council Member Kronfeldt moved
that the documents referred to by
Council Member Hammel be rec(~ved
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady. Council Mem-
bers Beurskens, De[ch, Haramel, Klues-
ncr, Kronfoldt, Manning.
Nays--None.
RESOLUTION NO. 406-84
WHEREAS, Applications for Beer
, December 17,1984 547
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-
cup[ed by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT
RESOLVED, By the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named ap-
plicants a Beer Permit.
CLASS "B" BEER PERMIT
Clarke College 1550 Clarke Dr.
CLASS "C" BEER PERMIT
Angel Investment Co.
2699 Rockdale Rd.
(Also Sunday Sales)
Revco Discount Drug Centers #3016
3049 Asbury Rd.
(Also Sunday Sales)
Mole Oil Co. 9th & Central Ave.
(Also Sunday Sales)
Passed, approved and adopted tMs
17th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurskens moved
adoption of the Resolution. Seconded
by Council Member De[ch. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, De[ch, Hammel, Klues-
ncr, Kronfoldt, Manning.
Nays--None.
RESOLUTION NO. 407-84
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
548
Special Session, December 17, 1984
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.
plJcants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
N~ncy Pauly 951 Ma~n St.
(Also Sunday Sales)
Gerald Robinson 2327 Central Ave.
(Also Sunday Sales)
Angelina Bartollni
1298 Main St.
IAlse Sunday Sales)
James E. Bauer 2126 Central Ave.
(Also Sunday Salesl
Joseph F. Bleile 2600 Central Ave.
David H. Hoffman
450 West Locust St.
Kacbevae, Inc. 665 Dodge St.
(Also Sunday Sales)
Mary Leu Kamp 400 Central Ave.
Narene J. Millman
601 Rhombecg Ave.
(Also Sunday Sales)
MiNa, Inc. 2620 University Ave.
The Moracco, Inc.
1413 Rockdale Rd.
(Also Sunday Sales)
D~vid A. Unge 2987 Jackson St.
(Also Sunday Sales)
Phillip Mihalalds 1406 Pine St.
(Sunday Sales Only)
Passed, approved and adopted this
17th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Beurekens moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
net, Kronfaldt, Manning.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 11-21; Cable TV Regulatory
Conun. of 11-14; Community Develop-
ment Comm. of 11-13; Ad Hoc Dock
Committee of 12-5; Historic Preserva-
tion Comm. of 11-27; Housing Comm.
of 11-20; Park & Recreation Conm~ of
11-13; Public Library of 11-13,
presented and read,
Council Member Krnnfeldt moved
that the minutes be received and filed.
Seconded by Councifl Member Deich.
Carried by the following vote:
Ycas--Mayor Brady, Council Mem-
bets Beurekens, Deich, Hammel, Kluse-
ncr, Kronfeldt, Manning.
Nays--None.
NOTICES OF CLAIMS AND SUITS:
Helen Buss, in unknown amount for
personal injuries; Pamela M. Flattery
in estimated amount of $107.55 for car
damages; Gayle M. Fuller in unknown
amount for backed-up sewer damages;
Linda Lanham in amount of $1200 for
personal injuries; Ruben G. Seibert
Menasha Transport, Inc., a Wisconsin
Corporation, third party plaintiff vs.
City of Dubuque for injuries and
damages of Eldon A. and Barbara J.
Lippstock; Carol Spaim in amount of
$30 for car damages, presented and
Council Member Kronfeldt moved
that the claims and suits be referred to
the Legal Staff for investigation and
report. Seconded by Council Member
Delch. Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Benrskeas, Deich, Hammel, Kluse-
ncr, Kronfeldt, Manning.
Nays--None.
Communication of Corporation
Counsel recommending denial of prc-
perry damage claim of Joan Bodnar;
Recommending denial of property
damage claim of Bruce Seipp,
presented and read.
Council Member Kronfeldt moved
that the cammuhications be received
and filed and denials approved.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hamme], Klues-
net, Kronfeldt, Manning.
Nays--None.
Communication of Corporation
Counsel recommending settlement of
$10 for property damage claim of
Melvin Boelk, presented and read.
Council Member Kronfeldt moved
Special Sessios
that the communication be received
and filed and settlement approved and.
the Finance Director directed to issue
the proper check. Seconded by Council
Member Dalch. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskeas, Deice Hammel, Klues-
ner, Kronfaldt, Manning.
Nays--None.
Communication of Associate Plan-
ner Myhre-Gonyier advising of
msignatlna of Donald R. Osborne from
Historic Preservation Commission and
requesting vacancy remain unfilled un-
til Ordinance revisions are complete,
presented and read,
Council Member Kronfeldt moved
that the cammunication be received
and filed and request approved.
Seconded by Council Member Deich.
Carried by the following vote:
Ycas--Mayor Brady, Council Mem-
bers Beurskens, Deirh, Hammel, Klues-
net, Kronfeldt, Manning.
Nays--None.
Proofs of publication certified to by
the publisher, of List of Claims for
month of October, 1984 AND Notice
of Finding of No Significant Effect on
the Environment for Community
Development Projects, presented and
read.
Council Member Kronfeldt moved
that the proofs be received and filed,
Seconded by Council Member Dalch.
Carried by the following vote:
Ycas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
ncr, Krnafeldt, Manning.
Nays--None.
Communication of Housing and Ur-
ban Development advising receipt of
City's submission for Community
Development Block Grant Entltl~
ment funds for Fiscal Year 1985
presented and read.
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Deich. Carried by the funow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
her, Kronfeldt, Manning.
Nays--None.
December 17, 1984 549
Petition containing 19 signatures
objecting to Ordinance regarding
restricted parking for all fee-paying
ramp patrons, presented and read.
Council Member Kronfeldt moved
that the petition be received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
ner, Kronfeldt, Manning.
Nays--None.
Communication of EDA advising
that Project No. 05-01-02108 is hereby
terminated for cause, presented and
read.
Council Member Krnnfaldt moved
that the communication be received
and filed. Seconded by Council
Member Delch. Carried by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
hers Beurskens, Deich, Hammel, Khies-
ncr, Kronfaldt, Manning.
Nays--None.
Communication of Corps of
Engineers advising of Robert Kehl's
request to modify his permit to include
pfllnge needed to moor the Mississippi
Belle in the Dubuque Ice Harbor,
presented and read.
Council Member Kronfaldt moved
that the cnaunudication be received
and filed. Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Delch, Hammel, Klues-
ncr, Kronfeldt, Manning.
Nays--None.
REFUNDS REQUESTED: Gene
Kamente, $633.75 on unexpired Li-
quor License; James J. Klauer,
$422,50 on unexpired Liquor License;
James J. Klauer, $50 on unexpired
Cigarette License; Saedra L. Relmer,
$50 on unexpired Cigarette License;
Dorothy Schaffer Mangeno, $50 on
unexpired Cigarette License,
presented and read.
Council Member Kronfaldt moved
that the refunds be approved and the
Finance Director directed to issue pro-
per checks. 'Seconded by Council
Member Deich. Carried by the follow-
ing vote:
Special Session, December 17, 1984
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hanunel, Klues-
ner, Kronfeldt, Manning.
Nays--None.
December 1, 1984
Honorable Mayor and
Members of the City Council
In accordance with the provisions of
Chapter 400 of the 1983 Code of Iowa,
the Civil Service Commission con-
ducted Promotional Examinations on
November 1, 1984 for members of the
Fire Department,
The following member of the Fire
Department has passed the written
promotional examination with an
average of eeventy percent (70%) or
better.
FIRE CAPTAIN/INSPECTOR
James C. Miller
Promotion for tins position should
be made from the above list.
Respectively submitted,
Geraid Koppes
Chairperson
DohiresA. Reihle
John E. Hess
Civil Service Commission
ATTEST:
Mary A. Davis
City Clerk
Council Member Kconfeldt moved to
receive and file the communication and
make it a matter of record. Seconded
by Council Member Dalch. Carried by
the following vote:
Yeae--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kluee-
her, Kronfeldt, Manning.
Nays--None.
Communication of City Manager re-
questing acceptance of the construc-
tion contract for the Infields and War-
ning Tracks at the Park and Recrea-
tion Complex on Schmitt Island,
presented and read.
Council Membe~ Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Dcich. Car£ied by the follow-
lng vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Hammel, Klues-
nor, Kronfeldt, Manning.
Nays--None.
~Accepting Improvement)
RESOLUTION NO. 408-84
WHEREAS, the contract for the
Chaplain Schmitt Memorial Island
Park and Recreation Complex - Con-
struction of Infields and Warning
Tracks has been completed and the Ci-
ty Manager has examined the work
and filed his certificate stating that
the same has been completed accor-
ding to the terms of the contract,
plane and specifications and recom-
mends its acceptance;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the City of Dubuque, Iowa, that the
recommendation of the City Manager
be approved and that said improve-
ment be and the same is hereby ac-
cepted,
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tor from the capital improvement levy
and private contributions in amount
equal to the amount of his contract,
less any retained percentage provided
for therein.
Passed, approved and adopted this
17th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Dcich, Hammel, Klues-
ncr, Kronfeldt, Manning.
Nays--None.
(Final Estimate)
RESOLUTION NO. 409-84
WHEREAS, the contract for the
Special Session
the Chaplain Schmitt Memorial Island
Park and Recreation Complex - Con-
struction of Infields and Warning
Tracks has been completed and the Ci-
ty Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, noticee
and inspection and ali miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of
the City of Dubuque, Iowa:
Section 1. That the cost of said ir~
provement is hereby determined to be
~29,255.83 and that said amount shall
be paid from the capital improvement
levy and private contributions of the
City of Dubuque, Iow~
Passed, approved and adopted this
17th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kconfeldt moved
adoption of the Resolution. Seconded
by Council Member Deich. Carried by
the following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Dcich, Hammel, Klues-
nor, Kronfeldt, Manning.
Naye--None.
Communication of City Manager
submitting Financial Report for
month of November 1984, 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:
Yeae--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
ner, Kronfeldt, Manning.
Nays--None.
William Neumeister, 3675 Crescent
Ridge, stated specific opinions regar-
ding taxation and annexation pfc-
codures.
There being no further business,
Council Member Manning moved to
adjourn. Seconded by Council Member
Kconfeldt. Carried by the following
December 17, 1984 551
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Kluee-
ner, Kronfaldt, Manning.
Nays--None.
Adjourned at 10:07 P.M.
Mary A. Davis
City Clerk
Approved. __1985
Adopted 1985
Mayor
CouncflMembers
ATTEST:
City Clerk
552
Special Session, December 27, 1984
CITY COUNCIL
OFFICIAL
Special Session, December 27, 1984.
Council Met at 7:00 o'clock p.m., in
the Public Library Auditorium.
Present--Mayor Brady, Council
Members Beurskens, Deich, Hammel,
Kluesner, Kronfeldt, City Manager W.
Kenneth Gearhart, Corporation
Counsel William G. Blum.
Absent at Roll Call--Council
Member Manning.
Mayor Brady read the call and
stated that service thereof had been
duly made and this Meeting is called
for the purpose TO CONSIDER A
RESOLUTION AUTHORIZING
THE ISSUANCE AND SALE OF
COMMERICAL DEVELOPMENT
REVENUE BONDS IN THE
AMOUNT OF $8,000,000 (DUBU-
QUE HOq~L AND CONVENTION
CENTER LIMITED PARTNER-
SHIP) and acting upon such other
business which may come before the
Council.
Council Member Manning entered
the Chambers at 7:06 p.m.
Communication of City Manager
submitting resolution regarding
disposition of Urban Renewal Parcel
4-2 (Hotel Project Site), presented and
Council Member Kronfeldt moved
that the communication be received
and filed. Seconded by Council
Member Beurskens. Carried by the
following vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Kluesner
Kronfeldt, Manning.
Abstain--Council Member Hammel.
RESOLUTION NO. 410-84
Resolution Directing Additional Ac-
lion with Respect to the Disposition of
Urban Renewal Property (Parcel No.
4-2).
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Resolution No.
255-84 is ratifiecL
Section 2. That the City Manager is
directed to cause to be prepamd and fib
ed with the City Clerk an amendment
to be Form of Agreement for the Sale
of Land for Private Redevelopment as
described in Resolution No. ~ to
reflect modifications of the Project.
Section 3. That the City Clerk, at the
direction of the City Manager, shall
~ublish notice of a date not less than
thirty days thereafter of the City's in-
tent to enter into such Agreement and
Amendment thereto by and between
the City and Dubuque Hotol& Con-
ventlan Center Limited Partnership,
acting as redeveloper under the terms
of the proposal submitted on its behalf
by Investment Counselors, Ina
Passed, approved and adopted this
27th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kronfeldt moved
adoption of the Resolution. Seconded
by Council Member Beurskens. Car-
ried by the renewing vote:
Yeas--Mayor Brady, Council Mem-
bors Beurskens, Deich, Klueaner,
Kronloldt, Manning.
Nays--None.
Abstain--Council Member HammeL
RESOLUTION NO. 411-84
Resolution authoriz/ng the issuance
and sale of Commercial Development
Revenue Bonds, Series 1984 (Dubuque
Hotel Project), in the principal mount
of $8,000,000, the execution and
delivery of an Indenture of Trust to
secure said Ronds, and the execution
and delivery of a L~an Agreement
with Dubuque Hotel & Convention
Center Limited Partnership.
WHEREAS, the City of Dubuque,
Iowa, in the County of Dubuque Ithe
"Issuer") is an incorporated
municipality authorized and em-
powered by the provisions of Chapter
419 of the Code of Iowa, 1983, as
amended (the "Act") to issue revenue
hands for the purpose of financing tho
cost of acquiring, by construction or
purchase, land, buildings, ira-
provements and equipment, or any in-
terest therein, suitable for the use of
Special Sessioe
any coromercial enterprise or non-
profit organization which the City
Council finds is consistent with an ur-
ban renewal plan for an urban renewal
area which has been designated by the
Issuer; and
WHEREAS, the Issuer has made
the necessary arrangements with
Dubuque Hotel & Convention Center
Limited partnership (the "Company"),
an Iowa limited partnership, and the
partnership referred to in the
Memorandum of Agreement, dated
June 18, 1984, between the Issuer and
Investment Counselors, Inc. for its ac-
quisitlon by construction or purchase
of land, a building, equipment and im-
provements suitable for use as a hotel
with approximately 175 rooms, plus
meeting rooms, restaurants, and
recreational facilities, located within
the Issuer on the block bounded by
Main Street on the east, Iowa Street
on the west, 4th Street on the south
and 5th Street on the north (the "Pro-
ject"), which will promote the welfare
of the Issuer and its citizens; and
WHEREAS, the City Council has
determined that the Project is located
within the Downtown Urban Renewal
Project Area of the City and is consis-
tent with the urban renewal plan ap-
proved for said area; and
WHEREAS, it is necessary and ad-
visable that provisions be made for the
issuance of Commercial Development
Revenue Bonds, Series 1984 (Dubuque
Hotel Project) of the Issuer in tho prin-
cipal amount of $8,000,000 Ithe
"Bonds") as authorized and permitted
by the Act to finance the cost of the
Project to that amount; and
WHEREAS, the Issuer will loan the
proceeds of the Bonds to the Company
pursuant to the provisions of a Loan
Agreement dated as of December 1,
1984 between the Issuer and the Com-
pany the obligation of which will be
sufficient to pay the principal of,
redemption premiuni, if any, and in-
terest on the Bonds as and when the
same shall be due and payable;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
the Issuer, as follows:
Section 1. In order to finance the
December 27,1984 553
cost of the Project, Commercial
Development Revenue Bonds, Series
1984 (Investment Counselors project}
of the Issuer in the principal amount of
~8,000,000 (the "Bonds") be and the
same are hereby authorized and
ordered to be issued by the Issuer put'
suant to an Indenture of Trust in
substantially the form attached hereto
as Exhibit A (the "Indenture") and
containing substantially the terms and
provisions set forth therein, and the
Mayor and City Clerk are hereby
authorized and directed to execute and
deliver the Indenture.
Section 2. The Issuer shall loan to
the Company the proceeds of the
Bonds pursuant to a Loan Agreement
in substantially the form attached
hereto as Exhibit B (the "Loan Agree-
ment") and containing substantially
the terms and provisions set forth
therein, and the Mayor and the City
Clerk are hereby authorized and
directed to execute and deliver the
Loan Agreement.
Section 3. The sale of the Bonds is
hereby authorized, approved and con-
firmed, and the Mayor and the City
Clerk are hereby authorized and
directed to execute and deliver the
Bonds.
Section 4. The Issuer hereby elects to
have the provisions of Section
103(b)(6)(D) of the Internal Revenue
Code of 1954, as amended, apply to the
Bonds, and the Mayor and City Clerk
are hereby directed to file or cause to
be filed an appropriate statement
relating to such election with the Intel~
nal Revenue Service.
Section 5. The Mayor and the City
Clerk are hereby authorized and
directed to execute any and all
documents and do any and all things
deemed necessary in order to effect the
accomplishment of the Projec~ the is-
suance and sale of the Bonds and the
execution and delivery of the Loan
Agreement and the Indenture and to
carry out the intent and purposes of
this Resolutiotr
Section 6. The provisions of this
Resolution are hereby declared to be
severable and if any section, phrase or
provision shall for any reason be
declared to be invalid, such declaration
shall not affect the validity of the
remainder of the sections, phrases and
554 Spedal Session, Deceml~r 27, 1984
Section 7. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflic~
Section 8. This Resolution shall
become effective immediately upon its
passage and approval
Passed, approved and adopted this
27th day of December, 1984.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
(Seal)
Council Member Beurskens moved
adoption of the Resolution, subject to
the approval of the Corporation
Counsel. Seconded by Council Member
Kronfeldt. Carried by the following
vote:
Yeas--Mayor Brady, Council Mem-
bets Beurskens, Deich, Kluesner,
Kronfeldt, Manning.
Nays--None.
Abstain--Council Member Hammel.
Attorney 'Mike Coyle spoke to the
issue and the project.
There being no further business,
Council Member Hammel moved to ad-
journ. Seconded by Council Member
Kronfeldt. Carded by the following
vote:
Yeas--Mayor Brady, Council Mem-
bers Beurskens, Deich, Hammel, Klues-
ner, Kronfeldt, Manning.
Nays--None.
Meeting Adjourned 7:13 p.m.
Mary A. Davis
City Clerk
Approved __1985
Adopted __1985
Mayor
Council Members
Aq~EST:
City Clerk